### BCC Meeting Minutes, 05/18 /10

ITEM NO. 72 Accept and approve the business impact statement, pursuant to NRS 237, for the proposed adoption of portions of Clark County Air Quality Regulations Sections 12.2, 12.3 and 12.4, which govern the Clark County New Source Review program for major stationary sources of regulated air pollutants, and for the proposed adoption of portions of Section 25, which define the criteria for asserting an affirmative defense for excess emissions and specify the notice and reporting procedures to be used when an excess emission event

occurs.

[Attachment] Clark County Agenda Item Template.doc

[Attachment] Businees Impact Statement.pdf

DISCUSSION: There being no objection, Item No. 73 was heard in conjunction with Item No.

72.

Air Quality staff provided a report to the Board, which included comments on the rules, permitting, and source program.

Vice -Chairman Brager opened the public hearing and asked if there were any persons present in the audience wishing to be heard on Item Nos. 72 or 73.

SPEAKER(S): None

There being no persons present in the audience wishing to be heard o n the matter, Vice

Chairman Brager closed the public hearing.

Upon questioning by Commissioner Giunchigliani regarding fugitive emissions, staff advised that no change is necessary concerning fugitive emissions and there being current rules compliance to Federal standards.

FINAL ACTION: It was moved by Commissioner Chris Giunchigliani that the recommendations for both items be approved, including adoption of Ordinance No. 3863.

On roll call, motion carried by the following vote:

Voting Aye: Commis sioners Lawrence Weekly, Susan Brager, Rory Reid, Chris Giunchigliani, Larry Brown, Tom Collins, Steve Sisolak Voting Nay: None Abstaining: None

Absent: None

ITEM NO. 73 Conduct a public hearing; and approve, adopt, and authorize the Chairman to sign an ordinance to repeal Clark County Air Quality Regulations Sections16, 19, 55 and certain sections of Clark County Ordinance No. 3349 and, in their place, adopt new Clark County Air Quality Regulations Sections 12.2, 12.3, 12.4, and 12.5 to provide for and update procedures for permitting of major stationary sources; amend Section 0 to ensure consistency of terms throughout the Air Quality Regulations; amend Section 25 by del eting the current version and adopting a new section to allow for affirmative defenses for excess emissions due to malfunctions, startup, or shutdown in certain circumstances; providing for other matters related thereto; consider and approve responses made to written comments provided during the public comment period; authorize the Director or his designee to make a record of comments and responses made and accepted by the Board at the public hearing; and authorize the Director or his designee to compile, finalize, and, with the exception of Section 12.5, submit the approved ordinance and all related documentation in accordance with AQR Section 2 to the Nevada

Division of Environmental Protection for the United States Environmental Protection Agency’s approv al into or removal from the Nevada State Implementation Plan.

[Attachment] Ordinance.pdf

[Attachment] Clark County Agenda Item Template.doc

[Attachment] Section12.2 Permit Requirements.pdf

[Attachment] AIDR 3263 Air Quality.pdf

[Attachment] Section 12.4 Authority to Construct.pdf

[Attachment] Section 12.5 Part 70 Operating Permit.pdf

[Attachment] Section 25 Upset -Breakdown.pdf

[Attachment] Section 12.3 Permit Requirements.pdf

[Attachment] Comments received.pdf

[Attachment] TSD.pdf

DISCUSSION: There being no objection, Item No. 73 was heard in conjunction with Item No.

72.

FINAL ACTION: Adopted Ordinance No. 3863 (see Item No. 72 for motion and vote).

ITEM NO. 74 Conduct a public hearing; and approve, adopt, and authorize the Chairman to sign an ordinance to adopt Clark County Air Quality Regulation (AQR) Section 12.6 to provide procedures to identify confidential information inaccordance with NRS 445B.5 70; adopt AQR Section 12.7 to provide procedures to obtain emission reduction credits in accordance with NRS 445B.508 and federal regulations; provide for other matters related thereto; and authorize the Director or his designee to make a record of comment s and responses made and accepted by the Board at the public hearing.

[Attachment] Clark County Agenda Item Template.doc

[Attachment] ordinance_12-6_12-7_031510.pdf

[Attachment] Public Comments.pdf

[Attachment] Section 12 6.pdf

[Attachment] Section 12.7.pdf

DISCUSSION: Chair man Reid opened the public hearing and asked if there were any persons present in the audience wishing to be heard on the matter.

SPEAKER(S): None

There being no persons present in the audience wishing to be heard on the matter, Chairman Reid closed the public hearing.

FINAL ACTION: It was moved by Commissioner Steve Sisolak that the recommendation (Ordinance No. 3864) be approved as recommended.

On roll call, motion carried by the following vote:

Voting Aye: Commissioners Lawrence Weekly, Susan Brager, Rory Reid, Larry Brown, Tom Collins, Steve Sisolak Voting Nay: None Abstaining: None

Absent: Commissioner Chris Giunchigliani

ITEM NO. 75 Conduct a public hearing; approve, adopt, and authorize the Chairman to sign an ordinance to delete the current versions of Clark County Air Quality Regulations Sections 13 and 14 in their entirety; adopt new Sections 13 and 14 to update the regulations by adopting the current federal requirements that regulate certain air pollutants, emission units and processes at stationary sources; repeal obsolete Sections 20 and 34; providing for other matters related thereto; and authorize the Director or his designee to make a record of comments and responses made and accepted by the Board at the public hearing.

[Attachment] Clark County Agenda Item Template.doc[Attachment] Ordinance.pdf

[Attachment] Section 13.pdf

[Attachment] Section 14.pdf

DISCUSSION: Chairman Reid opened the public hearing and asked if there were any persons present in the audience wishing to be heard on the matter.

S PEAKER(S): Present

A concerned citizen commented on the importance of air quality.

There being no other persons present in the audience wishing to be heard on the matter, Chairman Reid closed the public hearing.

FINAL ACTION: It was moved by Commiss ioner Steve Sisolak that the recommendation (Ordinance No. 3865) be approved as recommended.

On roll call, motion carried by the following vote:

Voting Aye: Commissioners Lawrence Weekly, Rory Reid, Larry Brown, Tom Collins, Steve Sisolak Voting Nay: None Abstaining: None

Absent: Commissioners Susan Brager, Chris GiunchiglianiNRS 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 )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...1/26/2006Title 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...1/26/2006With 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 ha s 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 th e 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 (BIN) and Business Impact Statement are required. These documents, along with the Board’s ordinance 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 Regulations3

- 1 

## CHAPTER 3: SIP COMPLETENESS CHECKLIST3

- 2 CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

FOR SUBMITTAL TO EPA

Rule Numbers: 0, 12.2, 12.3, 12.4, 25

Rule Titles:

1. Section 0: Definitions
2. Section 12.2: Permit Requirements For Major Sources in Attainment Areas (Prevention of Significant Deterioration )
3

. Section 12.3: P ermit Requirements For Major Sources In Nonattainment Areas
4. Section 12.4: Authority to Construct Application and Permit Requirements for Part 70
Sources
5. Section 25: A ffirmative Defense For Excess Emissions Due To Malfunctions, Startup,
and Shutdown

Date Adopted or Amended: Section 0

– November 3, 2009 and May 18, 2010; Se ctions 12.2, 12.3, 12.4 and 25

- May 18, 2010 ; and Section 16, repealed by the Board on May 18, 2010. Effective Date: July 1, 2010.

Department Contact: Russell Roberts
Phone Number: 702

- 455

- 1611
E

- mail Address: RRoberts@co.clark.nv.us

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule SECTIONS 0 AND 25 ARE AMENDED RULES, SECTIONS 12.2, 12.3 AND 12.4 ARE NEW
RULES THAT REPLACE THE EX ISTING SECTION 12.

T he purpose of the rule amendment is 4

- fold:
1. To address errors and problematic terms in current rules governing major source construction, modification and operation;
2. To adopt EPA’s NSR reform rules;
3. To more closely conform the Part 70 requirements in the Clark County rules to the federal Part 70 rules; and
4. To provide for an Authority to Construct permit to allow a better transition between the permit needed to construct/modify and the permit needed to operate a major source

, consistent with the NSR reform requirements

.3

- 3 CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

ADMINISTRATIVE MATERIALS

Not Attached Attached N/A

COMPLETE COPY OF THE RULE: Provide an

u nmarked copy of the entire rule as adopted or amended by the County

. CLEAN COPIES OF THE RULES CAN BE FOUND IN THE COMPLETE CURRENT AQR

RULE SET IN CHAPTER 6

.

UNDERLINE AND STRIKEOUT COPY OF THE RULE :

If an amended rule, provide a complete copy of the rule indicating in underline and strikeout format all language which has been added, deleted, or changed since the rule was last adopted or amended. UNDERLINE D

VERSIONS OF THE NEW RULES (12.2, 12.3, 12.4

, AND 25) ARE INCLUDED IN THE PUBLIC

HEARING AGENDA ITEM ATTACHMENTS IN

CHAPTER 2. THIS INCLUDES A STRIKEOUT

VERSION OF THE OLD SECTION 25. SINCE THE

CHANGES TO THE TWO TERMS IN SECTION 0

THAT WERE REVISED ON MAY 18, 2010 WERE RELATIVELY MINOR, A COMBINED

STRIK EOUT/U NDER LINE VERSION CAN BE

FOUND IN THE ADOPTING ORDINANCE IN

CHAPTER 2. A STRIKEOUT VERSION OF SECTION

12

, REPEALED BY THE BCC IN DECEMBER 2006

AND EFFECTIVE JULY 1, 2010

, IS INCLUDED IN

CHAPTER 5.

COMPLETE COPY OF THE REFERENCED RULE(S):

For any rule which includes language specifically referencing another rule, a copy of that other rule must also be submitted, unless it has already been submitted to EPA as part of a previous SIP submittal

. A COMPLETE COPY OF THE CURRENT AQR s IS INCLUDED IN

CHAPTER 6

.

PUBLIC NOTICE EVIDENCE: Include a copy of the

local newspaper clipping certification(s), stating the date of publication. As an alternative, include a copy of the3

- 4 actual published notice of the public hearing as it appeared in the local newspaper(s). In this case, however, enough of the newspaper pa ge must be included to show the date of publication. The notice must specifically identify by title and number each rule adopted or

amended. SEE CHAPTER 2.

RESOLUTION/MINUTE ORDER: Provide the certified

resolution or minute order. This document must include certification that the hearing was held in accordance with the information in the public not ice. It must also list the rules that were adopted or amended, the date of the public hearing, and a statement of compliance with the County

Administrative Procedures Act. SEE CHAPTER 2.

PUBLIC COMMENTS AND RESPONSES: Submit

copies of written public comments made during the notice period and at the public hearing. Also submit any written responses prepared by County staff or presented to the County at the public hearing. A summary of the public comments and responses is adequate. If there were no comments made during the notice p eriod or at the hearing, please indicate N/A to the left. SEE CHAPTER 2.3

- 5 CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

TECHNICAL MATERIALS

I. GENERAL INFORMATION

Pollutant(s) Regulated by the Rules (Check): Regulated NSR pollutants

(NOx) SO2 CO PM VOCs Lead H 2 S

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, will result in quantifiable changes in emissions. Attach reference(s) for emission factor(s) and other information. Attach calculation sheet showing how the emission information provided below was determined.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Source Category: N/A

Inventory Year Used to Calculate Changes in Emissions: Area Affected:

Future Year Control Profile Estimate (Provide information on as many years as possible) :

Baseline Inventory in the SIP for the Control Measure: N/A

Emissions Reduction Commitment in the SIP for the Control Measure: N/A

Revised Baseline Inventory (if any): N/A

Revised Emission Reduction Estimate (if developed): N/A

III. SOURCES/ATTAINMENT STATUS

County is: Attainment Nonattainment (CO, PM10 , O 3 ) Split

Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendm ent: None, the rules cover major sources only.

Percent in Nonattainment Area: NA, the rules address only major sources

.3

- 6 Number of Large ( > 100 TPY) Sources Controlled: 30 Percent in Nonattainment Area: 93 % (The “number of large ≥ 100 t/yr sources” includes sources that are major under the Clean Air Act definition of Major Source in a Serious NAA, which means sources less than 100 t/yr are included in the above total , since they’ll be reviewed as such under Section 12.3 ).

Name(s) and Location(s) (city and county) of Large ( > 100 TPY) Sources Controlled by Rule (Attach additional sheets as necessary) : Attached to this checklist.

IV. EMISSION REDUCTION TECHNOLOGY

Do the Rule s Include Emission Limits that are Continuous? Yes No

If Yes, those limits are in Section(s) 12.2.13.1; 12.3.9.12(b); 12.4.3.1(a)(8); 12.4.3.1(a)(11); 12.4.3.1(e)(1) and 12.4.3.1(e)(10)(B) of the Rules.

Other Methods in the Rule for Achi eving Emission Reductions are: Innovative Control Technology (Section 12.2.18.2(b)); PAL 12.3.9.9(b)

V. OTHER REQUIREMENTS

The Rule s Contain:

Emission Limits in Section(s) : 12.2.2(uu) (Definition of “Significant”); 12.2.3 (Ambient Air Increments); 12,2,8,4 (Threshold Limits); 12.2.10.2 (Violation of Standard); 12,2.15.4 ( Class I Variances); 12.2.15.7 (Emission Limitations for Presidential and Gubernatorial Variance); 12.3.2(mm) (Definition of “Significant”); 12.4.2.1(b) (Definition of “Mino r Source Significant Levels”)

Work Practice Standards in Section(s) : 12.2.2(h); 12.2.19.1(c); 12.3.2(f); 12.3.9.1(c); 12.3.9.3(a)

Recordkeeping Requirements in Section(s) : 12.2.1.16(a), (c); 12.2.19.12(g); 12.2.19.13; 12.3.1.6(a), (c); 12.3.9.13; 12.4.3.1(e)(1), ( e)(10)(B); 25.2.1(j); 25.3.1(h)

Reporting Requirements in Section(s): 12.2.1.6(d), (e); 12.2.19.12(g); 12.2.19.14; 12.3.1.6(d), (e); 12.3.9.12(g); 12.3.9.14; 12.4.3.1(e)(10)(B), (e)(12), (e)(15); 25.6

VI. IMPACT ON AIR QUALITY PLAN

No Impact Impacts RFP Impacts attainment

Discussion: As a general matter, the new version of Section 12, for which EPA appro val is now sought, is more stringent than the version of that rule approved by the agency in September 2004 in several important respects:3

- 7 **•** In compliance with the requirements of 40 C.F.R. §§ 51.160 et. al., the new Section 12 now has a preconstruction rev iew requirement that is triggered when an increase in a major source’s PTE will exceed one

- half of the major source significance level. The preconstruction review requirements are a minimum technology demonstration to ensure RACT level controls and the au thority to require an air impact analysis to ensure compliance with the NAAQS and applicable PSD increments.

**•** An authority to construct permit/Part 70 operating permit structure that ensures that NSR requirements in the authority to construct permit that a re relevant to source operation are incorporated and enforceable through a Part 70 permit. This requirement is not clear in the current version of Section 12.

**•** By adopting the EPA regulatory language verbatim for the major NSR rules in

Sections 12.2 and 12.3, the County avoids the ambiguity and confusion created by the current version of Section 12, which varies from the EPA language in numerous and inexplicable respects. Thus, the new language increases the practicable enforceability of the rule and hen ce its stringency.

**•** Where S ections 12.2 and 12.3 depart fro m the strict language of the EPA NSR Reform rule, it is to make the rules more stringent or clearer, usually by equalizing the requirements for electric utility steam generating units (“EUSGUs”) a nd all other major sources. Similarly, the County provides no exemptions from reporting by EUSGUs and non

- EUSGUs of projected actual emissions increases below the “reasonable possibility thresholds” specified in 40 C.F.R. § 51.166(r)(6). Section 12.2.1.6 (d) and (e).

**•** For purposes of Section 110(l) of the Clean Air Act, the new rules adopted into the SIP would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of

the Act. It is important to review the issues of either stringency or noninterference on a pollutant

- by

- pollutant by applicable SIP provisions:

PM 10

– Clark County has found and EPA has agreed that stationary sources in the County “cumulatively contribute less than 1 μg/m 3 to the design day concentration placing them below the 5 μg/m 3 threshold for being a significant source of PM 10 emissions.” Therefore, “they have a minor impact on elevated levels in the Clark County nonattainment area.” 68 Fed. Reg. 2954, 2958, 2959; January 22, 2003. ( emphasis added) Accordingly, the Clark County nonattainment area plan does not rely upon control of PM 10 emissions from stationary sources as a control measure in any context and there can be no issue of

interference. See 69 Fed. Reg. 32272, 32275; June 9, 2004. Final Approval of

the PM 10 Nonattainment Area Plan for Clark County.

Carbon Monoxide (“CO”)

– The Las Vegas “serious area” CO nonattainment plan “concludes that stationary sources are not a significant3

- 8 contributor to CO levels in the valley. . .” Id. 69 Fed. Reg. at 31061 and CO attainment has been achieved entirely based upon control of emissions from mobile sources. In other words, control of stationary sources is not relied upon in the CO plan for a ny purpose and there is no Section 110(l) issue.

Ozone

– The Las Vegas Valley has achieved attainment for the one

- hour ozone NAAQS and EPA found that that NSR rules previously submitted “would

not interfere with continued attainment of the one

- hour ozon e NAAQS or any other applicable requirement of the Act.” Id

. EPA reached the same conclusion with respect to the previous ozone nonattainment area plan for the Apex Valley. Subsequently, a large area of Clark County was designated as a nonattainment

ar ea for the 1997 eight

- hour ozone NAAQS, but no nonattainment area plan has been approved for the area. The proposed plan, currently under development, does not rely on the controls required to comply with NSR rules in its attainment

demonstration nor reas onable further progress demonstration.

VII. RULE EVALUATION MATERIALS

Not

Attached Attached N/A

RULE EVALUATION FORM: See instructions for

co mpleting the Rule Evaluation Form and the accompanying sample form.

NON

- EPA TEST METHODS: Attach all test methods that

are referenced in the rule that do not appear in 40 CFR 51, 60, 61, 63, or have not been previously submitted to EPA.

EPA methods used in other media such as SW846 for solid waste are not automatically approved for air pollution applications. Submittal of test methods that are

not EPA

- approved should include the information and follow the procedure described in Region 9’s “Test

Method Review & Evaluation Process.”

MODELING SUPPORT: Provide if appropriate. In

general, modeling support is not required for VOC and NOx rules to determine their impacts on ozone levels. Modeling is required where a rule is a relaxation that affects large sources ( > 100 TPY) in an attainment area for SO2, directly emitted PM10, CO, or NOx (for NO2 purposes). In cases where EPA is concerned with the impact on air quality of rule revisions which relax limits

or cause a shift in emission patterns in a nonattainment area, a reference back to the approved SIP will be3

- 9 sufficient provided the approved SIP accounts for the relaxation and provided the approved SIP used the current EPA modeling guidelines. If current EPA modeling gui delines were not used, then new modeling may be required.

ECONOMIC AND TECHNICAL JUSTIFICA

- TION FOR

DEVIATIONS FROM EPA POLICIES : The County staff report or other information includ ed with the submittal should discuss all potential relaxations or deviations from RACT, RACM, BACT, BACM, enforceability, attainment, RFP, or other relevant EPA requirements. This includes, for example, demonstrating that exemptions or emission limits les s stringent than the presumptive RACT (e.g., a CTG) meet EPA’s 5 percent policy, and demonstrating that all source categories exempted fro m a RACM/BACM rule are de minimis according to EPA’s RACM/BACM policy.

ADDITIONAL MATERIALS : Provide staff reports and

any other supporting information concerning development of the rule or rule changes. This information should explain the basis for all limits and thresholds contained in

the rule. SEE CHAPTER 4.3

- 10 List of Major Sources in Clark County

Source

ID Source Name HydroAre

a Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM 10 NO x VOC SOX ATC OP

372* AGGREGATE INDUSTRIES
SLOAN QUARRY 212 5300 SLOAN LN, LAS VEGAS,

NV 89124 66.10 99.23 37.68 11.94 20.80 04/30/2010 05/28/2009

1520 APEX GENERATING FACILITY 216 15555 APEX POWER PKWY, LAS VEGAS, NV 89165 368.20 107.99 189.14 60.62 11.82 05/07/2008 03/30/2007

587* BARDON MATERIALS 212 413 GOWAN RD, NORTH LAS VEGAS, NV 89030 63.71 28.64 31.08 19.17 6.05 10/06/2009 10/06/2009

13 CALNEV PIPE LINE

COMPANY 212 5049 N SLOAN LN, LAS VEGAS, NV 89115 2.85 6.88 2.52 178.94 0.16 05/30/2008 03/30/2004

4 CERTAINTEED GYPSUM

MANUFACTURING INC 212 13500 BLUE DIAMOND HIGHWAY, LAS VEGAS, NV

89004 120.90 54.23 89.31 42.60 0.81 04/26/2010 04/26/2010

3 CHEMICAL LIME COMPANY

APEX LIME FACILITY 216 12101 N. U.S. HIGHWAY 91, LAS VEGAS, NV 89124 942.57 346.71 1892.97 26.23 1644.23 09/26/2008 08/27/2004

402* CITY OF LAS VEGAS WWTP 212 6005 E VEGAS VALLEY DR, LAS VEGAS, NV 89142 69.49 10.65 49.38 43.09 23.64 12/17/2004 12/17/2004

652 EL DORADO ENERGY 167 701 EL DORADO VALLEY DR, BOULDER CITY, NV 89006

- 2470 95.40 103.92 193.12 49.30 8.70 12/17/2009 12/17/2009

593 GEORGIA PACIFIC GYPSUM

LLC 216 20 MILES NORTHEAST OF LV, APEX, NV 89030 256.37 61.20 99.87 30.72 2.52 05/05/2010 05/05/2010

468 GOODSPRINGS

COMPRESSOR STATION 164 1455 HWY 161, JEAN, NV

89019 51.43 9.50 130.47 9.92 4.85 05/16/2006 05/16/2006

257* HARRAH'S LAS VEGAS

HOTEL & CASINO 212 3475 S LAS VEGAS BLVD, LAS VEGAS, NV 89109 65.47 37.32 83.50 22.76 1.80 03/18/2010 10/13/2009

329* LAS VEGAS COGENERATION 212 1701 E. ALEXANDER RD., NORTH LAS VEGAS, NV

89030 52.52 64.63 96.27 36.82 5.70 05/20/2009 11/01/2006

825 MGM MIRAGE 212 4882 FRANK SINATRA DRIVE, LAS VEGAS, NV 89109 201.58 79.90 153.83 49.11 4.44 12/31/2009 12/31/2009

114* NELLIS AIR FORCE BASE 212 4349 DUFFER DRIVE, SUITE 1601, NELLIS AFB, NV 89191

- 7007 68.84 34.87 95.12 45.15 4.93 06/04/20103

- 11 Source

ID Source Name HydroAre

a Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM 10 NO x VOC SOX ATC OP

360 NEVADA COGENERATION

ASSOCIATES 1 216 11401 US93 & I

- 15 (GARNET FACILITY), LAS VEGAS, NV

89025 140.80 67.12 166.13 26.40 9.27 04/05/2007 08/20/2002

391 NEVADA COGENERATION

ASSOCIATES 2 215 E LAKE MEAD DR (BLACK MOUNTAIN), LAS VEGAS, NV

89124 140.71 67.11 166.70 26.31 9.28 10/17/2007 08/20/2002

1513 NEVADA POWER COMPANY

CHUCK LENZIE GENERATING

STATION 216 11405 U.S HWY 93, LAS VEGAS, NV 89124 1439.40 487.81 545.35 203.51 86.55 03/09/2010 03/09/2010

7 NEVADA POWER COMPANY

CLARK STATION 212 5640 STEPHANIE ST., LAS VEGAS, NV 89122 1850.93 792.46 2465.93 216.50 48.50 11/04/2009 11/04/2009

533 NEVADA POWER COMPANY

HARRY ALLEN STATION 216 HARRY ALLEN STA. NORTH OF APEX, LAS VEGAS, NV

89124 277.03 150.57 303.07 64.47 14.24 01/15/2010 01/15/2010

1584 NEVADA POWER COMPANY

SILVERHAWK POWER PLANT 216 15111 APEX POWER PKWY, NORTH LAS VEGAS, NV

89124 561.05 148.91 309.58 85.31 10.31 12/04/2006 12/05/2006

8 NEVADA POWER COMPANY

SUNRISE GENERATING

STATION 212 6300 E. VEGAS VALLEY DR., LAS VEGAS, NV 89122 155.34 46.00 1760.38 13.30 10.42 01/15/2010 01/15/2010

423 NEVADA SUN PEAK LIMITED

PARTNERSHIP 212 6360 VEGAS VALLEY DR, LAS VEGAS, NV 89142 33.21 11.01 249.90 5.04 49.50 04/29/2010 02/22/2010

11 PABCO GYPSUM BLACK

MOUNTAIN FACILITY 215 EAST LAKE MEAD DR EAST OF SUNRISE MTN, LAS VEGAS, NV 89124 479.59 191.06 384.03 109.36 7.18 12/18/2009 12/18/2009

395 REPUBLIC DUMPCO INC 216 APEX LANDFILL EXCAVATION/CAPPING, LAS VEGAS, NV 89125 30.61 255.99 106.53 42.82 177.18 05/13/2010 09/17/2002

154 ROYAL CEMENT COMPANY

INC 218 5501 N MOAPA VALLEY BLVD, LOGANDALE, NV

89021 32.00 105.10 480.00 0.00 63.90 06/26/2007 06/26/2007

393 SAGUARO POWER CO 212 435 FOURTH STREET, HENDERSON, NV 89105 90.23 37.94 165.46 13.86 11.30 08/10/2009 08/10/2009

138 SIMPLOT SILICA PRODUCTS 220 655 SIMPLOT RD, OVERTON,

NV 89040 17.39 100.56 231.12 1.07 25.64 04/21/2010 04/21/20103

- 12 Source

ID Source Name HydroAre

a Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM 10 NO x VOC SOX ATC OP

15033 SUNRISE LANDFILL 212 SUNRISE MUNICIPAL WASTE LANDFILL (T21S, R 62E, S1 & 12), LAS VEGAS, NV 89142 62.68 4.18 10.03 8.93 249.20 09/10/2002 08/16/2004

19 TIMET 212 8000 W LAKE MEAD DR AT ATLANTIC AVE, HENDERSON, NV 89009 1637.59 54.07 26.80 9.81 85.17 11/03/2009 11/03/2009

1550 WALTER M HIGGINS III

GENERATING STATION 164 1275 E PRIMM BLVD, PRIMM,

NV 89019 194.07 144.91 157.91 43.51 10.52 04/09/2010 11/08/2005

*Source is major due to nonattainment threshold, rather than 100

- ton major source threshold.4

- 1 

### CHAPTER 4 : TECHNICAL SUPPORT DOCUMENT

Proposed Revision of Clark County Air Quality Regulations, Sections 0, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13, 14 and 25, and Proposed Repeal of Sections 16, 19, 20, 34 and 554

- 2 Why are revisions to authority to construct permits limited to administrative and significant permit revisions?

In effect, the question actually being posed is why authority to construct (ATC) permits cannot be revised by the minor permit revision process.

T he triggers for having to obta in an ATC permit under Section 12.4.2.1(e) all involve State Implementation Plan

- based federal major source new source review (NSR) requirements subject to Sections 12.2 and 12.3 requirements, EPA

- authorized permitting under 40 CFR Part 70, or EPA

- delegate d permit requirements (40 CFR Parts 60 and 63 as

well as Clean Air Act ( CAA ) Section 129(g)(3) )

. In other words, although ATC permits are County

- issued, they are implementing federal requirements that establish preconstruction conditions that must be met a s a matter of federal law

. Thus, a permit revision that is not strictly an administrative revision will alter either a federal requirement or a monitoring, recordkeeping, etc. condition intended to enforce or implement a federal requirement

. More important ly, the change being sought by the revision would most likely occur during construction of the facility or equipment covered by the ATC permit

. These circumstances have persuaded the Clark County Department of Air Quality and Environmental Management ( DAQE M ) that it would be very unlikely

that a non

- administrative revision to an ATC permit would not raise issues that would require a significant permit revision and the public input process required for such a

revision.

The rules appear to use the terms “ba seline actual emissions” and “actual emissions” interchangeably when baseline actual emissions is really the proper

term.

Actually the terms are not used interchangeably, but in the same manner as in the EPA NSR regulations

. For example, the primary place in which the term actual emissions is used is in the definition of “net emissions increase” (which uses both terms)

. See Sections 12.2.2(ii) and 12.3.2(aa)

. In that definition the distinction between the two terms is very

clear

. To the extent that the lan guage in Section 12.7 confuses the two terms, the regulatory language has been clarified

.

Why does the definition of “baseline actual emissions” in Section 12.2.2 (c) (1)(B)(i) require EUSGUs to adjust their average of emissions downward to reflect complia nce with emission limits that have become effective since the baseline date?

It has been noted that the EPA NSR Reform Rules [ at 40 CFR § 51.166(b)(47)(i) and (ii)] only requires the downward adjustment in baseline actual emissions for non

- EUSGUs not
EUSG Us

. W hy is the DAQEM being more stringent than EPA? The answer is simple

. EPA’s rationale for requiring the downward adjustment applies equally to electric

utilities as it does to all other major sources

. The emissions reductions required to comply

with a pplicable laws enacted since the baseline date should not be used to convert what

would otherwise be a major electric utility project into a minor project because the definition of baseline actual emissions was not adjusted downward to account for the4

- 3 emis sion reductions required to comply with applicable law

. This equitable argument applies to both EUSGUs and non

- EUSGUs.

The definitions of “major modification” and “major stationary source” exclude fugitive emissions “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.” How is this exclusion affected by the March 31, 2010 stay of the EPA rule on which it is based (75 Fed. Reg 16012)?

The confusion created by EPA’s 18

- month stay of the provisions in its PSD rules governing when fugitive emissions are to be included in determining the applicability of new source review requirements is reflected in this com ment. Unfortunately, the rulemaking that creates the stay provides no guidance as to its applicability to rules such as these that are in the adoption process for submission as a State Implementation Plan revision. Indeed, EPA concedes that it has provided “no additional detail . . . regarding the difficulties with compliance for those rules.” 75 Fed. Reg. 16012, 16014; March 31, 2010. Rather than adding to the confusion, the County will submit the rule as proposed which addresses the fugitive emissions is sue as it was addressed in 2002 when the NSR Reform rules were adopted. December 31, 2002; 67 Fed. Reg 80186. Generally, what are defined as categorical sources must consider fugitive emissions if quantifiable in determining a source’s emissions for all pu rposes under the rules. However, for non

categorical sources, fugitive emissions are to be included when determining a source’s baseline actual emissions and projected actual emissions, but not included in determining whether a source is a major source or a modification is a major modification. In all other respects, fugitive emissions are to be accounted for whether a source is categorical or it is not. EPA has not indicated this language in the rules as proposed is inconsistent with the agency’s stay or w ould not be approvable as a revision to the Nevada State Implementation Plan. Thus, there is no reason to change the language at this time.

By what authority does the County require the analysis of alternatives in Section

12.3.4?

The analysis is require d by Clean Air Act Section 173(a)(5) [42 U.S.C. § 7503(a)(5)] for major source NSR permits in non

- attainment areas

.

Clarification of the reporting requirements in Section 12.5.2.6(d)(4).

The above

- cited rule has two categories of reporting:

(1) Semi ann ual reporting.

**•** More frequent reporting can be required if specified in the Part 70 permit or in an applicable requirement.4

- 4 **•** All deviations including deviations from minimum data recovery requirements

. It has been noted t hat 40 CFR Parts 60 and 75 “allow C EMS monitoring downtime” by establishing minimum data recovery requirements

. Only if these minimum data recovery requirements are not met is there a reportable deviation.

(2) Deviation reporting

. There are two categories of deviation reporting:

**•** Deviation s caused by excess emissions or that pose a potential imminent and substantial endangerment require immediate notification (within 24 or 12 hours respectively ) in 25.6.1(a), followed up by written notification within 72 hours of the immediate notification; and

**•** Semi

- annual reporting of all other deviations.

Under 40 CFR § 52.21(b) there are two lists of categorical sources

– the list in (b)(1)(i)(a) that is used to distinguish between the categorical sources that have a 100

ton / year (T/Y) new major sourc e prevention of significant deterioration ( PSD )

threshold and the non

- categorical sources that have a 250T/Y new major source PSD threshold; and the list in (b)(1)(c)(iii) that specify categorical sources that must consider fugitive emissions in determinin g if they are a major source

. The primary difference between the two lists is that the latter list includes: “any other stationary source category which, as of August 7, 1980, is regulated under Section 111 ( New

Source Performance Standards or NSPS) or Se ction 112 ( National Emission

Standards for Hazardous Air Pollutants or NESHAPs) of the Clean Air act.” The County definition of “categorical source” in Section 12.2.2(j) only contains the

second list

. Isn’t this problematic?

No

. I nstead of making the dis tinction between the lists by providing two lists, the County rule achieves exactly the same result as having two lists by the definition of “major stationary sourc e” for PSD purposes in Section 12.2.2(ff ) that refers to the single categorical source list in two different contexts and that does not include the CAA

Section s 111 and 112 sources in one of the contexts

.

Please explain how to reconcile the emissions increase that triggers the applicability of minor new source review requirements based on a pot ential emissions to potential emissions test showing that the increase will exceed the minor NSR significant levels

in Section 12.4.2.1(b) and the trigger for the applicability of the major modification requirements in Sections 12.2 and 12.3 based on a bas eline actual to projected

future actual test.

The reality is that should a modification trigger both minor new source review based on the potential to potential test and constitute a major modification based on the baseline actual to future projected actu al test, the latter requirements, because they are more stringent in all respects than the requirements for minor new source review, would apply

.4

- 5 In all other cases, one or the other of the requirements triggered by the nature of the

emissions increase wou ld apply exclusively.

The term “Nevada SIP” is used in several places in the major source rules, what is the scope of that term?

The context should be read as applying the term to only those provisions in the Nevada SIP that apply to Clark County.

What are the overall purpose s for adopting Sections 12.2 through 12. 5 ?

The purpose s of adopting the four sections are the same as those stated in July 2005 when the County began the process of developing the rule with stakeholder input :

1. The current rules governing major source construction, modification and operation are confusing, unpredictable, sometimes unreasonable and , in some instances, of dubious enforceability

. The County has operated under them for as long as it has b y working very hard to make th e rules workable in individual cases

. However, so many problems have arisen in recent years that the decision was finally made to permanently fix the rules rather than trying to address the problems on a case

- by

- case basis.

2. On December 31, 2002 (67 Fed . Reg. 80187)

, EPA adopted changes to 40 CFR §§ 51.165, 51.166, 52.21, 52.24 and Part 51, Appendix S

, known collectively as the NSR

Reform r ules

. States were ostensibly given three years from the date of adoption to

amend their NSR rules in accordance with NSR Reform rules

. Section s 12.2 and 12.3 track, with a few minor exceptions, the language of the NSR Reform rules exactly

.

3. Although EPA’ s 40 CFR Part 70 operating permit program has been in effect since July of 1992

, and Clark County’s Part 70 progra m has been authorized by EPA as meeting the Part 70 requirements, there are differences in the language of the County

program from that in Part 70 and omissions from the EPA rule that have created difficulties as far as interpretation and implementation of the permitting program

. The proposed Section 12.5 tracks the language in the EPA Part 70 rules closely and, thus, avoids these problems

.

4. The transition between the permit needed to construct or modify a major source and the permit required to opera te that source was a subject of extensive discussions with the stakeholders and with EPA during the development of the rules

. The minor source permitting rules in S ection 12.1 rely on what is called a “unitary permit.” Under a unitary permit a source rece ives a single permit that authorized both construction or modification of a source and contains conditions governing the source’s operation after construction is complete

. A unitary permit structure was also considered for major sources but there was gener al opposition to unitary permits from the owners and operators of major sources

. There was a general feeling that given the complexity of major sources, a second permitting process that accounted for the source as it was4

- 6 being constructed or following cons truction made sense

. Accordingly, Section 12.4 requires that new major sources and major modifications to existing major sources have an authority to construct or ATC before beginning construction

. In addition, an ATC is required when the minor NSR precons truction review requirements are triggered

. See below.

The County already has an ATC program, but that program differs from the proposed rule in several important respects.

Under the new rule, the ATC and its relevant conditions will merge into the

oper ating permit when the construction of a major new source, major modification or minor NSR construction is complete and the new construction is to become operational

. At that point the ATC terminates

. Under the current rules,

an ATC continues in a separate existence after construction is complete thereby making a permittee potentially subject to multiple permits with inconsistent provisions

.

Second, the new ATC permit explicitly states that its conditions for sources subject to major NSR are those prescrib ed by Sections 12.2 and 12.3, the NSR Reform requirements.

Third, an ATC permit may not only impose the conditions in Sections 12.2 and 12.3, but also EPA requirements including, for example, the 40 CFR Part 64 compliance assurance monitoring requirements and CAA Section 112 hazardous air pollutant emissions regulatory requirements, if applicable.

Fourth, the new ATC rule addresses what has affectionately been called the

“donut hole” issue

. See generally Section 12.4.3.2

. The donut hole issue arises

becau se the EPA rules allow a new source in a PSD area that is not a listed categorical source to emit up to 250 tons per year of a single regulated NSR pollutant without triggering major source N SR even though the source, if it

exceeds 100 tons per year of the same pollutant, is required to obtain a Part 70 operating permit because it is a major source for Part 70 purposes

. Similarly, an existing source in a PSD area that is not a listed categorical source may increase its allowable emissions of a regulated NSR pollutant by more than the major source significance level without major NSR a s long as the source’s total emissions of that pollutant do not reach the 250 tons per year level

. While the County is not proposing that these sources be subject to the major s ource NSR requirements in Section 12.2, the source will be subject to the minor NSR preconstruction r equirements including the reasonably available control technology ( RACT ) minimum technology demonstration requirement and, when appropriate, an air quality impact analysis.

Finally, Sections 12.4.1.1(6) and 12.5.2.1(1) and (3) describe the transition to and timing for obtaining a Part 70 permit for a source that has been constructed as a new source or that has undergone a major modification

. An application for a Part4

- 7 70 permit (either new or modified) is timely if it is submitted within twelve months of when the source “becomes subject” to the Part 70 permit program (new source) or within twelve months “after commencing operation of the

modification.” The C ontrol Officer reserves the right to impose a shorter deadline for submission under individual circumstances including requiring a source to actually obtain the permit prior to commencing operations.

Why did it take as long as it did to develop and adopt these rules?

From the beginning of this process the County has been committed to developing rules

that corrected the problems of the current rules, and that were responsive to stakeholder concerns, but that were ultimately approvable by EPA as revisions t o the Nevada State Implementation Plan

. To achieve these goals has required a two

- step process

.

The first step, which took almost two years, involved a series of stakeholder meetings that dealt with every aspect of the regulatory language in excruciating detail

. The stakeholder input resulted in a series of versions of the draft rules that were intended to address each stakeholder comment, whether oral and written

. In parallel with the stakeholder input process was a series of meetings with DAQEM staff to get input from the agency personnel who had done the permit processing and had experienced the problems to which the new rules are a response

. Also, it was important that the new rules make sense to the people who would be implementing them.

The second s tep was to provide the rules to EPA for comment

. Working with EPA to ensure that the rules were approvable was a difficult, sometimes frustrating process for all

concerned

. Nevertheless, EPA gave the County criticisms, comments and suggestions

that ultimat ely resulted in much improved rules

. The back and forth with EPA also took a little over two years

. EPA’s willingness to treat review of the County’s rules, given everything else before the agency, as a priority matter and the agency’s willingness to

commi t top people to the effort, was very much appreciated by the County , but the process took longer than either party wanted.

Why has the County not included the exemption from reporting of projected actual

emissions increases that are below the “reasonable possibility” thresholds in 40 CFR § 51.166(r)(6)?

Section s 12.2.1.6(d) and (e) of the proposed County rules require the owner/operator of

non

- EUSGUs and EUSGUs to submit reports annually concerning certain emissions

increases

. EUSGUs are required to subm it the reports, non

- EUSGUs need only submit the reports if certain emissions thresholds, based on a significant emissions increases, are

exceeded

. The language of the reporting requirements in the County’s rule are identical to those in 40 CFR § 51.166(r)( 6)(iv) and (v)

. However, at the beginning of § 51.166(r) both reporting requirements are tied to whether there is a “reasonable possibility” that a project that is not part of a major modification “may result in a significant net increase” of the projected actual emissions of an NSR pollutant

. The “reasonable possibility” criteria is met when the owner or operator calculates that the project will result in either:4

- 8 (a) A projected actual emissions increase of at least 50 percent of the amount that is a “signi ficant emissions increase,” as defined under paragraph (b)(39) 1 of this section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

(b) A projected actual emissions increase that, added to the am ount of emissions excluded under paragraph (b)(40)(ii)(c), sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under paragraph (b)(39) of this section (without reference to the amount that is a significant net e missions increase), for the regulated NSR pollutant

. For a project for which a reasonable possibility occurs only within the meaning of paragraph (r)(6)(vi)(b) of this section, and not also within the meaning of paragraph (a)(6)(vi)(a) of this section,

the n provisions (a)(6)(ii) through (v) do not apply to the project.

After extensive consultation with stakeholders, the decision was made by DAQEM four years ago to not include the reasonable possibility exclusion in the rule.

First, it should be noted tha t the same language that describes the reasonable possibility

rule also authorizes that it not be included in a state or local NSR rule if the result is to make the rule more stringent than the EPA rule (which it obviously does)

. See 40 CFR § 51.166(r)(6)

The reason that the decision was made not to adopt the reasonable possibility language was because it allows sources to unilaterally make determinations about the projected actual emissions from smaller projects and thereby avoid major source NSR without DAQEM knowledge or oversight of the determinations

. Many in DAQEM found this troubling and favored requiring annual reporting without the reasonable possibility exclusion to ensure that there is adequate policing of actual emissions increases

. A

similar co ncern led EPA to grant a petition by New Jersey’s Attorney General to reconsider the reasonable possibility rule and that reconsideration is ongoing (Letter from Elizabeth Craig, EPA acting Assistant Administrator, to Anne Milgram, NJ Attorney General; Apr il 24, 2009)

.

1 All cites are to paragraphs in 40 C FR § 51.166

## CHAPTER 5 :

REPEALED SECTION S 12 AND 16Repealed by the Board of County Commissioners, Effective 07/01/10

SECTION 12 - PRECONSTRUCTION REVIEW FOR NEW OR MODIFIED STATIONARY
SOURCES

TABLE OF CONTENTS PAGE #

12.1 General Application Requirements for New and Modified Sources of Air

Pollutants

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

12.1.1 PERSONS who must apply

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

12.1.2 Prohibition

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

12.1.3 Exemptions

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

12.1.4 Information to be submitted with an application for AUTHORITY TO CONSTRUCT (ATC)

.................................................................................................. 5

12.1.5 AUTHORITY TO CONSTRUCT Compl eteness Determination

.................................. 7

12.1.6 Total POTENTIAL TO EMIT:

..................................................................................... 8

12.2 Requirements for Specific Air Pollutants:

................................................................... 8

12.2.1 PM10 Non

- Major Sources in the Serious NONA TTAINMENT AREA

......................... 8

12.2.2 12.2.2 PM10 Major Sources in the Serious NONATTAINMENT AREA

.................... 10

12.2.3 PM 10 Non

- Major Sources in the PM10 MANAGEMENT AREAS

.............................. 11

12.2.4 PM 10 Major Sources in the PM 10 MANAGEMENT AREAS

....................................... 13

12.2.5 PM 10 Sources in the PSD AREA

.............................................................................. 17

12.2.6 CO Non

- Major Sources in the Serious NONATTAINM ENT AREA

........................... 20

12.2.7 CO Major Sources in the Serious NONATTAINMENT AREA

................................... 21

12.2.8 CO Non

- Major Sources in the CO MANAGEMENT AREA

....................................... 22

12.2.9 CO Major Sources in the CO MANAGEMENT AREAS

............................................ 22

12.2.10 CO Sources in the PSD AREA

................................................................................. 23

12.2.11 VOC Non

- Major Sources in the VOC MANAGEMENT AREAS

................................ 25

12.2.12 VOC Major Sources in the VOC MANAGEMENT AREAS

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

12.2.13 VOC Sources in PSD AREA

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

12.2.14 NO

x Sources in the NO

x MANAGEMENT AREAS

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

12.2.15 NO

x Sources in PSD AREA

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

12.2.16 SO 2 Sources in PSD AREA

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

12.2.17 Pb Sources in PSD AREA

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

12.2.18 HAP Sources in Clark County

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

12.2.19 TCS Sources in Clark County

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

12.2.20 Additional Requirements for STATIONARY SOURCEs with Beryllium, Mercury, Vinyl Chloride, or Asbestos EMISSIONS in Clark County:

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

12.2.21 [RESERVED]

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

12.2.22 PM 10 Non

- Major Sources in the Moderate NONATTAINMENT Area:

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

12.2.23 PM 10 Major Sources in the Moderate NONATTAINMENT Area:

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

12.3 Owner/Operator Notification, Application Processing Deadlines, Notice of Proposed Action Procedures, and Public Hearings

.................................................. 4412.3.1 Owner/Operator Notification and Application Processing Deadlines:

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

12.3.2 Notice of Proposed Action:

...................................................................................... 45

12.3.3 Public Hearings:

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

12.3.4 Final Application Evaluation:

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

12.4 [RESERVED]

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

12.5 Air Quality Models

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

12.5.1 Air Quality Modeling Applicability

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

12.5.2 [RESERVED]

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

12.5.3 Air Quality Modeling Requirements:

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

12.5.4 Stack heights:

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

12.5.5 PSD Monitoring Significance Levels:

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

12.6 Preconstruction and Post Construction Ambient Air Monitoring Requirements

........ 51

12.6.1 Preconst ruction Ambient Air Monitoring Requirements

............................................ 51

12.6.2 Post Construction Ambient Air Monitoring Requirements

......................................... 51

12.7 Continuous EMISSION Monitoring Systems

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

12.7.1 Continuous EMISSION Monitoring Systems Applicability:

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

12.7.2 Continuous EMISSIONS Monitoring System Requirements

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

12.7.3 Continuous Opacity Monitoring System (COMS) Requirements:

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

12.7.4 [RESERVED]

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

12.7.5 Alternative Monitoring System(s)

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

12.8 Issuance of AUTHORITY TO CON STRUCT CERTIFICATE with Conditions

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

12.8.1 AUTHORITY TO CONSTRUCT CERTIFICATE Conditions

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

12.8.2 AUTHORITY TO CONSTRUCT Issuance Requirements

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

12.8.3 Enforceability of AUTHORITY TO CONSTRUCT Conditions

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

12.8.4 Compliance with the AUTHORIT Y TO CONSTRUCT Conditions:

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

12.9 Cancellation or Extension of an AUTHORITY TO CONSTRUCT CERTIFICATE

..... 55

12.9. 1 Ca ncellation of an AUTHORITY TO CONSTRUCT CERTIFICATE

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

12.9.2 Extension of AUTHORITY TO CONSTRUCT CERTIFICATE

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

12.10 Disclaimers

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

12.11 Severability Clause

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

12.12 Protection of Visibility from Sources in NONATTAINMENT AREAS

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

12.12.1 Review of MAJOR STATIONARY SOURCES and Major MODIFICATIONS
– Source Applicability and Exemptions.

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

12.12.2 Visibility Impact Analyses

......................................................................................... 59

12.12.3 FEDERAL LAND MANAGER Notification.

............................................................... 59

12.12.4 National Visibility Goal

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

12.12.5 Monitoring

. ............................................................................................................... 6012.1 General Application Requirements for New and Modified Sources of Air Poll utants

12.1.1 PERSONS who must apply

12.1.1.1 Any PERSON who proposes to install or construct any new S TATIONARY

S OURCE (as defined in Section 0), or make M ODIFICATION (as defined in Section 0) to any existing S TATIONARY S OURCE shall apply for an

"A UTHORITY TO C ONSTRUCT " C ERTIFICATE prior to C OMMENCING

C ONSTRUCTION unless a source has C OMMENCED C ONSTRUCTION , or M ODIFICATION prior to August 25, 1971, and has not undergone a

M ODIFICATION , or reconstruction since such time. Effective September 01, 1996,

unless a source is e xempt from the ATC requirements, any S TATIONARY

S OURCE which is operating in Clark County without an A UTHORITY TO

C ONSTRUCT issued by the Clark County Department of Air Quality and Environmental Management shall be considered “new” for purposes of this Regulation.

12.1.1.2 Any new or MODIFYING STATIONARY SOURCE that requires site excavation aggregating one quarter (1⁄4) acre or greater shall obtain a Dust Control Permit pursuant to Section 94 prior to COMMENCING CONSTRUCTION.

12.1.1.3 Any PERSON may submit a written request to the CONTROL OFFICER for an applicability determination of the permitting requirements in this section. Such request shall be evaluated by the CONTROL OFFICER within thirty (30) days of receipt of all required information pertaining to the written request.

12.1.2 Prohibition: No PERSON shall COMMENCE CONSTRUCTION of any new STATIONARY SOURCE or make MODIFICATIONs to any existing STATIONARY SOURCE prior to receiving an AUTHORITY TO CONSTRUCT CERTIFICATE

from the CONTROL OFFICER in accordance with this section.

12.1.2.1 Failure to comply with the requirements of subsection 12.1.2 may result in federal enforcement action and, as of July 1, 1996, shall result in the issuance of a Notice of Violation (NOV) with a Corrective Action Order (CAO) requiring such STATIONARY SOURCE to make application for an AUTHORITY TO CONSTRUCT (ATC) and shall result in the Hearing Board assessment of a Civil

Penal ty pursuant to Section 9 of the Air Quality Regulations. Such Civil Penalty may be assessed at a rate of two (2) times the total Section 18.4 New Source Review Application Review fees as determined by the CONTROL OFFICER.

(a) For any new STATIONARY SOURCE, t he Section 18.4 New Source Review Application Review fees shall be based on the total POTENTIAL

TO EMIT for all REGULATED AIR POLLUTANTS.

(b) For any Modifying STATIONARY SOURCE, the Section 18.4 New Source Review Application Review fees shall be based on the NET EMISSIONS

INCREASE for all REGULATED AIR POLLUTANTS.

12.1.3 Exemptions. This subsection pertains to Section 12 applicability.

12.1.3.1 VARIOUS LOCATIONS PERMIT (VLP). Any non

- major TEMPORARY

STATIONARY SOURCE that meets the definition of a VARIOUS LOCATIONS

ACTIVIT Y shall be subject to the following, which shall satisfy the requirement toobtain an AUTHORITY TO CONSTRUCT and an OPERATING PERMIT pursuant to Section 16 of the Air Quality Regulations:

(a) Each EMISSION UNIT has permit conditions included in a valid VARIOU S LOCATIONS OPERATING PERMIT issued pursuant to Section 12 and Section 16 of the Air Quality Regulations;

(b) Each EMISSION UNIT incorporates EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT);

(c) VLPs are subject to the OFFSET requirements of Section 59;

(d) As applicable, each EMISSION UNIT shall be subject to the new source performance standard(s) pursuant to Section 14 of the Air Quality Regulations, and;

(e) The annual (per calendar year) aggregate total of EMISSIONS from all

EMISSION UNITS authorized under each VARIOUS LOCATIONS ACTIVITY shall not equal or exceed the following POTENTIAL TO EMIT EMISSIONS for any pollutant:

Pollutant P OTENTIAL TO E MIT E MISSIO NS

M ANAGEMENT A REA &

Serious N ONATTAINMENT
A REA (tons per calendar year) PSD A REA (tons per calendar year)

PM 10 15 15

CO 10 70

VOC 20 40

NO

x 20 40

SO 2 Not Applicable 40

Pb Not Applicable 0.3

HAP Not Applicable 10

TCS Not Applicable 1.0

(f) An ATTACHMENT 1 shall be completed and submitted to the CONTROL OFFICER or his/her representative each time the Permittee changes the work location of equipment and/or other accessories authorized under the

VLP.

(g) Forms at ATTACHMENT 1 shall be processed ac cording to the following

timeline:

(1) ATTACHMENT 1 shall be submitted to the CONTROL OFFICER not less than fourteen (14) days prior to the date of location change.

(2) The CONTROL OFFICER will approve, disapprove, or indicate need for additional review of relocation request, in writing, within ten (10) days of receipt of ATTACHMENT 1.

12.1.3.2 This Regulation is applicable to any STATIONARY SOURCE (as defined in Section 0) that is located in Clark County, Nevada, except for a facility which generates electricity by using steam produced by the burning of fossil fuelpursuant to NRS 445.546(5). Such a facility must apply for a preconstruction permit from the Nevada Department of Environmental Protection unless such authority is specifically delegated to the Clark County Board of County

Commissioners.

12.1.3.3 EXEMPT STATIONARY SOURCE: The CONTROL OFFICER may require a potential STATIONARY SOURCE to submit information demonstrating that such

STATIONARY SOURCE has uncontrolled EMISSIONS less than the EXEMPT STATIONARY SOURCE enumerated limits, as defined in Section 0, for each

REGULATED AIR POLLUTANT.

(a) Any STATIONARY SOURCE determined to have uncontrolled

EMISSIONS less than the EXEMPT STATIONARY SOURCE enumerated limits shall receive a letter of exemption at no cost to the owner/operator.

(b) Any STATIONARY SOURCE d etermined to have uncontrolled EMISSIONS equal to or exceeding the EXEMPT STATIONARY SOURCE enumerated limits shall be required to submit an application for an AUTHORITY TO CONSTRUCT or such STATIONARY SOURCE may be subject to enforcement action pursuant to Subsection 12.1.2.1.

(c) “Categorically Exempt Activities” are those activities that rely on the use of specific equipment or those activities based on specific processes, which are contained in the following list:

(1) Aircraft engine testing;

(2) Hobby activities done not for business, profit, research, commercial gain, or as a part of a job or occupation, but for personal reasons, e.g., relaxation, diversion, enjoyment, etc;

(3) Airbrushing articles of clothing;

(4) Mobile, motor vehicle scratch and den t repair, mural painting, or pin

- striping less than 144 (one hundred forty

- four) square inches;

(5) Portable liquid asphalt kettles;

(6) Non

- production line surface coating with spray cans;

(7) Media blasting done on in

- place stationary equipment or structures;

(8) Ar chitectural coating of houses, bridges, etc. done in place;

(9) Internal combustion engines powering portable light plants, portable signs, portable generators, portable welders, and portable compressors as long as they are not providing power to any

EMISSION UNITS requiring a permit or providing electrical power to another EMISSION UNIT requiring a permit;

(10) Vacuum cleaning systems;

(11) Portable steam cleaners/pressure washers;(12) Human transportable power tools, including the attached engine that powers it (e.g., string trimmers, concrete saws, power trowels);

(13) Temporary “padding” machines, including the engine that powers it, used on an underground utility project provided there is no crusher and provided the project is being performed under a Dust Control

Permit ;

(14) Temporary, on

- site, demolition debris “grinders”, including the engine that powers it, provided the project is being performed under a Dust Control Permit;

(15) Temporary trenching machines, including the engine that powers it, provided the project is being performed under a Dust Control Permit;

(16) Pilot testing of soil or groundwater remediation projects for the purpose of gathering engineering data for the selection of control technology. The duration of such testing shall not exceed 72 (seventy

- two) hours;

(17) Equipment demonstration activities lasting less than 14 (fourteen) days in a row and not exceeding a total of 14 (fourteen) days within a 365 (three hundred sixty

- five) day period;

(18) Fuel burning equipment used to heat air, e.g., space heaters, with a

maxi mum heat input less than 1 (one) million BTU/hour;

(19) Tank

- type water heaters with a maximum rated heat input or the
total of all tank

- type water heaters less than 4 (four) million BTU/hour;

(20) All fuel burning boilers, steam generators, water heaters, spa

hea ters, pool heaters with an individual maximum rated heat input of less than 1 (one) million BTU/hour and that have an aggregate total < 10 (ten) million BTU/hour;

(21) Wood sawing, with cyclone or baghouse control;

(22) Wood chipping/shredding where no soil or wallboard remains on the wood;

(23) Emergency standby generator, emergency fire pumps, and stationary internal combustion engine with a rating < 35hp or < 26kw;

(24) Gasoline storage tank with capacity < 500 gallons; and

(25) Stationary tank, reservoir, or other container <= 40,000 gallons containing petroleum product with vapor pressure < 1.5 PSIA @STP equipment.

(d) Categorically Exempt STATIONARY SOURCES:(1) Containing only natural gas fuel burning equipment with an aggregate maximum rated heat input less than 4 (four) mill ion BTU/hour (e.g., boilers, water heaters, dryers, etc.), which includes units with less than a 1 (one) million BTU/hour maximum rated heat input;

(2) Containing only 1 (one) emergency generator or fire pump powered by an internal combustion engine of less than 500 (five hundred) hp and tested less than 150 (one hundred fifty) hours per year; and

(3) Containing only 1 (one) cooling tower circulating less than 1,000 (one thousand) gallons per minute, provided it is equipped with drift

eliminators.

12.1.4 Information to be submitted with an application for AUTHORITY TO CONSTRUCT (ATC):

12.1.4.1 To comply with the pre

- construction application requirements, the applicant shall submit the following information:

(a) Landowners' name, address and phone number;

(b) STATIONARY SOURCE owners' name, address and phone number;

(c) Plant manager's name, address and phone number;

(d) STATIONARY SOURCE location map with a legal description of the proposed site location, including the property boundaries;

(e) STATIONARY SOURCE site map identifying all buildin gs or structures on the site;

(f) A general flow diagram identifying all processes located at the STATIONARY SOURCE;

(g) A complete detailed flow diagram of each process at the STATIONARY SOURCE listing all EMISSION UNITs associated with the process;

(h) Location of nearest residence and distance from the proposed STATIONARY SOURCE;

(i) Zoning approved by local municipality, or a copy of a currently approved zoning map;

(j) Copy of application for Use Permit, or decision of the zoning authority;

(k) Any new PM 10 or CO MAJOR STATIONARY SOURCE proposing to locate in the NONATTAINMENT AREA, or any existing PM 10 or CO MAJOR

STATIONARY SOURCE located in the NONATTAINMENT AREA that proposes a Major PM 10 or Major CO MODIFICATION, shall perform an analysis of alternative sites, sizes, production processes, fuel burned, and EMISSION control techniques that demonstrate that the benefits of the proposed source significantly outweigh the environmental and social costsimposed as a result of its location, construction, or MODIFICATION. The required analysis shall be based on EPA guidance or applicable regulations;

(l) Identification of all REGULATED AIR POLLUTANTs emitted from each EMISSION UNIT;

(m) Brief general description of the new STATIONARY SOURCE or MODIFICATION;

(n) Complete description of all processes by Standard Industrial Classification (SIC);

(o) Complete description of all EMISSION UNITs by Source Classification Code (SCC);

(p) Type of fuel utilized in each EMISSION UNIT (if applicable);

(q) Estimate of total annual fuel usage from all non

- road engines (gasoline and diesel); such information may be used by the Clark County Department of Air Quality and Environmental Management for modeling and EMISSION inventory purposes, but shall not be included as a condition in the AUTHORITY TO CONSTRUCT;

(r) M aximum POTENTIAL TO EMIT of all REGULATED AIR POLLUTANTS for each EMISSIONS UNIT in (lbs/hr, lbs/day, and ton(s)/yr);

(s) Maximum POTENTIAL TO EMIT EMISSIONS of all REGULATED AIR

POLLUTANTS for each non

- road engine utilized within a permitted facility in (lbs /hr, lbs/day, and ton(s)/yr). Such EMISSIONS may be used by the Clark County Department of Air Quality and Environmental Management for modeling and EMISSION inventory purposes and shall not be included in the facility POTENTIAL TO EMIT;

(t) Stack data: location, height above grade, diameter (I.D. or effective), exhaust gases, flow rate (ACFM), and temperature;

(u) Maximum rated design production capacity;

(v) Expected production capacity;

(w) Schedule of operation (hrs/day)(days/wk)(wks/yr);

(x) Description of air pollution control equipment, for each EMISSION UNIT;

(y) Analysis of compliance with requirements for BEST AVAILABLE CONTROL TECHNOLOGY, LOWEST ACHIEVABLE EMISSION RATE, MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY, as applicable;

(z) Pre

- construction measurements of existing air quality, as required by other subsections of Section 12;

(aa) Results of modeling for each REGULATED AIR POLLUTANT, (if applicable);(bb) Description of post construction ambient air monitoring systems for each

REGULAT ED AIR POLLUTANT, (if applicable);

(cc) Description and general specifications of continuous EMISSIONS monitoring systems for each REGULATED AIR POLLUTANT, (if applicable);

(dd) Additional impact analysis of soils, visibility, vegetation, secondary air quality as required by other subsections of Section 12;

(ee) Anticipated construction schedule including the estimated initial start up date;

(ff) Statement of statewide compliance of existing facilities operated by applicant;

(gg) General information on the air pollution control equipment installed on similar EMISSION UNITs at similar facilities owned or operated by the applicant, applicable to sources subject to public notice requirements; and

(hh) Payment of all applicable fees pursuant to Section 18 of the Air Quality Regulations

.

12.1.4.2 Upon written request of the CONTROL OFFICER, the applicant shall provide any additional information necessary for the CONTROL OFFICER to ascertain compliance with any of the Air Quality Regulations.

12.1.4.3 Each application shall be signed by the RESPONSIBLE OFFICIAL or delegated representative. When required by the CONTROL OFFICER, the information submitted shall be certified by a licensed professional engineer for its accuracy.

12.1.4.4 An application for AUTHORITY TO CONSTRUCT may be deemed incomplete if the submitted information is incorrect, inaccurate, or missing.

12.1.5 AUTHORITY TO CONSTRUCT Completeness Determination

12.1.5.1 Completeness of an application for AUTHORITY TO CONSTRUCT shall be determined on the satisfactory demonstration of compliance with all the application requirements listed in subsection 12.1.4.

12.1.5.2 The processing deadline for each ATC application shall be established pursuant to

subsection 12.3.

12.1.5.3 If the CONTROL OFFICER, after deeming an ATC application complete, should discover incorrect, inaccurate, and/or missing information from the ATC application, then, such ATC application may be redesignated incomplete and additional information may be requested to determine compliance with the Regulations. Based on additions, modifications, and/or deletions from the A TC Application, the source may be subject to additional NSR (New Source Review and/or PSD) Application Review Fees.12.1.6 Total POTENTIAL TO EMIT:

12.1.6.1 Based upon the information supplied by the applicant, the CONTROL OFFICER

will calculate the total POTENTIAL TO EMIT by adding the POTENTIAL TO EMIT of each proposed EMISSION UNIT, which shall include all FUGITIVE EMISSIONS. In addition, the total POTENTIAL TO EMIT shall include potential emissions from all categorically exempt activities and categorically exempt

S TATIONARY SOURCES as defined in Subsection 12.1.3. The potential

EMISSIONS from these EMISSION UNITS shall be included in the determination of whether a STATIONARY SOURCE is a MAJOR STATIONARY SOURCE, except for the potential EMISSIONS from motor vehicles and special mobile equipment, residential and commercial housekeeping vacuum systems, and agricultural land use.

12.1.6.2 The total POTENTIAL TO EMIT for the STATIONARY SOURCE will be used by the CONTROL OFFICER to determine all NSR (New Source Review and/or PSD) Application Review fees pursuant to Sections 12 and 18.

12.1.6.3 The total POTENTIAL TO EMIT for each EMISSION UNIT shall be included in the

conditions of the AUTHORITY TO CONSTRUCT CERTIFICATE and in the

enforceable conditions of the OPERATING PERMIT.

12.1.6.4 For any STATIONARY SOURCE, the total POTENTIAL TO EMIT for each

REGULATED AIR POLLUTANT shall be included in the conditions of the

AUTHORITY TO CONSTRUCT CERTIFICATE and in the enforceable conditions

of the OPERATING PERMIT.

12.2 Requirements for Specific Air Pollutants :

In addition to the requirements of Sections 13, 14 and 20 of the Air Quality Regulations, the following air pollutant specific requirements shall apply:

12.2.1 PM 10 Non

- Major Sources in the Serious NONATTAINMENT AREA:

12.2.1.1 Subsection 12.2.1 shall apply to the following:

(a) Any new STATIONARY SOURCE located in an AIR QUALITY AREA that is in a serious PM10 NONATTAINMENT AREA with a proposed total

annual PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year,

and

(b) any proposed MODIFICATION to a STATIONARY SOURCE located in an
AIR QUALITY AREA that is in a serious PM 10 NONATTAINMENT AREA with a proposed total annual PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year.

(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS from the MODIFICATION and the EMISSIONS from the existing PM 10 POTENTIAL TO EMIT.

12.2.1.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT ).12.2.1.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

NON

- MAJOR STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding fifteen (15) tons per year or any NON

- MAJOR STATIONARY SOURCE proposing MODIFICATION that r esults in a PM 10 NET EMISSIONS INCREASE from all EMISSION UNITS, including FUGITIVE EMISSIONS, that is equal to or exceeding fifteen (15) tons per year.

12.2.1.4 OFFSET requirements are found in Section 59.

12.2.1.5 Post Construction Ambient Air Monitoring Requirements:

(a) Applicability:

(1) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT. If

su ch source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post construction monitoring pursuant to 12.2.1.5 (b) and 12.6.2.

(2) Any MOD IFYING STATIONARY SOURCE with a PM 10 NET EMISSIONS INCREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY

TO CONSTRUCT on the total PM 10 POTENTIAL TO EMIT from all

EMISSION UNITS at such source.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or

exceeding a significance concentration of ten (10) μg/m 3

then such source shall perform post const ruction monitoring pursuant to 12.2.1.5 (b) and 12.6.2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for

PM 10 shall not be subject to the requirements of 12.2.1.5( b).

(b) Post Construction Ambient Air Monitoring Requirements:

(1) The owner or operator of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Pa rts 50, 51, 52, 53 and 58.

(3) The Post Construction monitoring shall commence within thirty (30) days of the ACTUAL INITIAL START

- UP DATE.

12.2.2 PM 10 Major Sources in the Serious NONATTAINMENT AREA:

12.2.2.1 Subsection 12.2.2 shall apply to the following:

(a) Any new STATIO NARY SOURCE located in an AIR QUALITY AREA that

is in a serious PM 10 NONATTAINMENT AREA with a proposed total annual

PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year, and

(b) any proposed MODIFICATION to any STATIONARY SOURCE located in
an AIR QUALITY AREA that is in a serious PM 10 NONATTAINMENT AREA with a proposed total annual PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year.

(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS f rom the MODIFICATION and the EMISSIONS from the existing PM 10 POTENTIAL TO EMIT.

12.2.2.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.2.3 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) any new Major PM 10 STATIONARY SOURCE,

(b) any existing Non

- Major PM 10 STATIONARY SOURCE proposing

MODIFICATION with a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year that results in a total PM 10 POTENTIAL TO EMIT which is equal to or exceeding the EMISSIONS threshold of a Major PM 10 STATIONARY SOURCE, and

(c) any existing Major PM10 STATIONARY SOURCE proposing

MODIFICATION that results in a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year.

12.2.2.4 OFFSET requirements are found in Section 59.

12.2.2.5 Post Construction Ambient Air Monitoring Requirements for AUTHORITY TO CONSTRUCT CERTIFICATEs issued after October 1, 1993:

(a) Applicability:

(1) Any new ST ATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT. Ifsuch source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post construction monitoring pursuant to 12.2.2.5(b) and 12.6.2.

(2) Any Modifying STATIONARY SOURCE wi th a PM 10 NET EMISSIONS INCREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all

EMISSION UNITs at such source.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or

exceeding a significance concentration of ten (10) μg/m 3

then such source shall perform post construction monitoring pursuant to 12.2.2.5(b) and 12.6.2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for

PM 10 shall not be subject to the requirements of 12.2.2.5(b).

(b) Post Construction Ambient Air Monitoring Requirements:

(1) The OWNER OR OPERATOR of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53 and 58.

(3) The Post Construction monitoring shall commence within thirty (30) days of the Actual Initial Start

- up Date.

12.2.3 PM 10 Non

- Major Sources in the PM10 MANAGEMENT AREAS:

12.2.3.1 Subsection 12.2.3 shall apply to the following:

(a) Any new STATIONARY SOURCE located in the PM 10 MANAGEMENT AREA with a proposed total annual PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year, and

(b) any proposed MODIFICATION to a NON

- MAJOR STATIONARY SOURCE located in the PM10 MANAGEMENT AREA with a proposed total annual

PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year.(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS from the MODIFICATION and the EMISSIONS from the existing PM 10 POTENTIAL TO EMIT.

12.2.3.2 Each new or MODIFIED EMISSION UNIT shall in corporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.3.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding

fifteen (15) tons per year or any STATIONARY SOURCE proposing

MODIFICATION that results in a PM 10 NET EMISSIONS INCREASE from all EMISSION UNITS that is equal to or exceeding fifteen (15) tons per year.

12.2.3.4 Post Construction Ambient Air Monitoring Requirements:

(a) App licability:

(1) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT. If

such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post construction monitoring pursuant to 12.2.3.4(b) and 12.6.2.

(2) Any MODIFYI NG STATIONARY SOURCE with a PM 10 NET EMISSIONS INCREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY

TO CONSTRUCT on the total PM 10 POTE NTIAL TO EMIT from all

EMISSION UNITS at such source.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or

exceeding a significance concentration of ten (10) μg/m 3

then such source shall perform post construction monitoring pursuant to 12.2.3.4(b) and 12.6.2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for

PM 10 shall not be subject to the requirements of 12.2.3.4(b).

(b) Post Construction Ambient Air Monitoring Requirements:

(1) The OWNER OR OPERATOR of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approvedby the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53 and 58.

(3) The Post Construction monitoring shall commence within thirty (30) days of the ACTUAL INITIAL START

- UP DATE.

12.2.3.5 Growth Allowance for PM 10

(a) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following maximum allowable increases over the BASELINE CONCENTRATION in any BASELINE AREA:

PM 10 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 17

24

- Hour Maximum 30

The following shall be excluded in determining compliance with the

maximum allowable increase: concentrations of PARTICULATE MATTER

attributable to the increase in EMISSIONS from CONSTRUCTION or other temporary EMISSION

- related activities of new or modified sources.

(b) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the air quality standards for PM 10 listed in Section 11 of these Air Quality Regulations.

(c) The CONTROL OFFICER shall maintain a record of increment consuming

sources for all PSD AREAS and MANAGEMENT AREA S in Clark County.

(d) The CONTROL OFFICER shall disapprove any application and deny

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated increment consumption in 12.2.3.5(a) exceeds the maximum allowable increase, or if the cumulative modeled impact exceeds the air quality standards in Section 11 of these Air Quality Regulations.

12.2.4 PM 10 Major Sources in the PM 10 MANAGEMENT AREAS:

12.2.4.1 Subsection 12.2.4 shall apply to the following:

(a) Any new STATIONARY SOURCE located in ELDORADO VALLEY with a proposed total annual PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year, and(b) any proposed MODIFICATION to a NON

- MAJOR STATIONARY SOURCE located in ELDORADO VALLEY with a proposed total annual PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year.

(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS from the MODIFICATION and the EMISSIONS from the existing PM 10 POTENTIAL TO EMIT.

12.2.4.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.4.3 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) any new Major PM 10 STATIONARY SOURCE,

(b) any existing Non

- Major PM 10 STATIONARY SOURCE proposing

MODIFICATION with a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year that results in a total PM 10 POTENTIAL TO EMIT which is equal to or exceeds the EMISSIONS threshold of a

M ajor PM 10 STATIONARY SOURCE, and

(c) any existing Major PM 10 STATIONARY SOURCE proposing

MODIFICATION that results in a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year.

12.2.4.4 Pre

- application Requirements:

(a) Any new STATIONARY SOURCE wit h a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any

STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION

that results in a PM 10 NET EMISSIONS INCREA SE equal to or exceeding fifteen (15) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO

CONSTRUCT.

(b) Preconstruction ambient air monitoring requirement:

(1) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall provide preconstruction monitoring for PM 10 pursuant to Subsection 1 2.6.

(2) If ambient air monitoring data which is representative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring. If such data is not representative or unavailable, then the owner or operator o f the STATIONARY SOURCE shall install and operate an Automated Particle Sampler listed as a 40 CFR, Part 53, Equivalent Method. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.12.2.4.5 Post Construction Ambient Air Monitoring Requirements:

(a) Applicability:

(1) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to

submitti ng an application for AUTHORITY TO CONSTRUCT. If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post

construction monit oring pursuant to 12.2.4.5(b) and 12.6.2.

(2) Any MODIFYING STATIONARY SOURCE with a PM 10 NET EMISSIONS INCREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an applica tion for AUTHORITY

TO CONSTRUCT on the total PM 10 POTENTIAL TO EMIT from all

EMISSION UNITS at such source.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or

exceeding a significance concentration of ten (1 0) μg/m 3

then such source shall perform post construction monitoring pursuant to 12.2.4.5(b) and 12.6.2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for

PM 10 shal l not be subject to the requirements of 12.2.4.5(b).

(b) Post Construction Ambient Air Monitoring Requirements:

(1) The owner or operator of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53 and 58.

(c) The Post Construction monitoring shall commence within thirty (30) days of

the ACTUAL INITIAL START

- UP DATE.

12.2.4.6 Growth Allowance for PM 10

(a) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS fromexisting sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following maximum allowable increases over the BASELINE CONCENTRATION in any BASELINE AREA:

PM 10 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 17

24

- Hour Maximum 30

The following shall be excluded in determining compliance with the

maximum allowable increase: concentrations of PARTICULATE MATTER

attributable to the increase in EMISSIONS from CONSTRUCTION or other temporary EMISSION

- related activities of new or modified sources.

(b) For STATIONARY SOURCES impacting a Class I area as determined pursuant to Subsection 12.2.4.8, the allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following

maximum allowable increases over the BASELINE CONCENTRATION in

the Class I area:

PM 10 Class I I Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 4

24

- Hour Maximum 8

(c) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the air quality standards for PM 10 listed in Section 11 of these Air Quality Regulations.

(d) The CONTROL OFFIC ER shall maintain a record of increment consuming sources for all PSD AREAS and MANAGEMENT AREAS in Clark County.

(e) The CONTROL OFFICER shall disapprove any application and deny

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated increment consumption in 12.2.4.6(a) or 12.2.4.6(b) exceeds the maximum allowable increase, or if the cumulative modeled impact exceeds the air quality standards in Section 11 of these Air Quality Regulations.

12.2.4.7 Additional Impact Analysis. Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that

results in a PM 10 NET EMISSIONS INCREAS E EQUAL to or exceeding fifteen (15) tons per year shall conduct an impact analysis:(a) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the

STATIONARY SOURCE or MODIFICATIO N and general commercial, residential, industrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.4.8 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located within sixty

- two (62) miles of a Class I area, or any STATIONARY SOURCE located in Clark County with a PM 10 POTENTIAL TO EMIT equal to or exceeding two hundred fifty (250) tons per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5) to calculate the maximum increase in Ambient PM 10 concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY

SOURCE with a modeled impact equal to or greater than one (1)μg/m 3

(24

- hour average) at or within the property boundary of the Class I area

shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or MODIFICATION, and

(2) provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOU RCE or

MODIFICATION.

12.2.5 PM 10 Sources in the PSD AREA:

12.2.5.1 Subsection 12.2.5 shall apply to any new or MODIFIED STATIONARY SOURCE

with PM 10 EMISSIONS in an AIR QUALITY AREA that is in a PM 10 PSD AREA .

12.2.5.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.5.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE with a PM 10 POTE NTIAL TO EMIT equal to or exceeding fifteen (15) tons per year or any STATIONARY SOURCE proposingMODIFICATION that results in a PM 10 NET EMISSIONS INCREASE FROM all EMISSION UNITS that is equal to or exceeding fifteen (15) tons per year.

12.2.5.4 Pre

- application Requirements:

(a) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any

STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION

that results in a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO

CONSTRUCT.

(b) Preconstruction ambient air monit oring requirement:

(1) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall provide preconstruction monitoring for PM 10 pursuant to Subsection 12.6.

(2) If ambient air monitoring data which is representative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring. If such data is not representative or unavailable, then the owner or operator of the STATIONARY SOURCE shall install and operate an Automated Particle Sampler listed as a 40 CFR, Part 53, Equivalent Method. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, if modeling results of the STATIONARY SOURCE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.5.5 Post Construction Ambient Air Monitoring Requirements:

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform post cons truction monitoring for PM 10 pursuant to Subsection 12.6.

(b) The OWNER OR OPERATOR of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part

53

. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(c) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air

moni toring for PM 10 shall not be subject to the requirements of 12.2.5.5.12.2.5.6 Growth Allowance for PM 10

(a) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following maximum allowable increases over the BASELINE CONCENTRATION in any BASELINE AREA:

PM 10 Class II Incremen t

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 17

24

- Hour Maximum 30

The following shall be excluded in determining compliance with the

maximum allowable increase: concentrations of PARTICULATE MATTER

attributable to the increase in EMISSIONS from CONSTRUCTION or other temporary EMISSION

- related activities of new or modified sources.

(b) For STATIONARY SOURCES impacting a Class I area as determined pursuant to Subsection 12.2.5.8, the allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following

maximum allowable increases over the BASELINE CONCENTRATION in

the Class I area:

PM 10 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 4

24

- Hour Maximum 8

(c) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the air quality standards for PM 10 listed in Section 11 of these Air Quality Regulations.

(d) The CONTROL OFFICER shall maintain a record of increment consuming sources for all PSD AREAS and MANAGEMENT AREAS in Clark County.

(e) The CONTROL OFFICER shall disapprove any application and deny

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated

incre ment consumption in 12.2.5.6(a) or 12.2.5.6(b) exceeds the maximum allowable increase, or if the cumulative modeled impact exceeds the air quality standards in Section 11 of these Air Quality Regulations.

12.2.5.7 Additional Impact Analysis. Any new STATIONARY SOU RCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year orany STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that

results in a PM 10 NET EMISSIONS INCREASE EQUAL to or exceeding fifteen (15) tons per year shall conduct an impact analysis:

(a) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the

STATIONARY SOURCE or MOD IFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general comm ercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.5.8 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located with in sixty

- two (62) miles of a Class I area, or any STATIONARY SOURCE located in Clark County with a PM 10 POTENTIAL TO EMIT equal to or exceeding two hundred fifty (250) tons per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5) to calculate the maximum increase in Ambient PM 10 concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY

SOURCE with a modeled impact equal to or greater than one (1) μg/m 3

(24

- hour average) at or within the property boundary of the Class I area

shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or MODIFICATION; and

(2) provide an analysis of the air quality impact projected for the area

as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.6 CO Non

- Major Sources in the Serious NONATTAINMENT AREA:

12.2.6.1 Subsection 12.2.6 shall apply to the following:

(a) Any new STATIONARY SOURCE in an AIR QUALITY AREA that is in a serious CO NONATTAINMENT AREA with a proposed total annual CO POTENTIAL TO EMIT less than seventy (70) tons per year, and(b) any proposed MODIFICATION to a STATIONARY SOURCE in an AIR
QUALITY AREA that is in a serious CO NONATTAINMENT AREA with a proposed total annual CO POTENTIAL TO EMIT less than seventy (70) tons per year.

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the

CO EMISSIONS from the MODIFICATION and the EMISSIONS f rom the existing CO POTENTIAL TO EMIT.

12.2.6.2 A STATIONARY SOURCE with a CO POTENTIAL TO EMIT exceeding fifty (50) tons per year shall not be authorized for construction within the area bounded by Washington Avenue on the north, Lamb Boulevard on the east, Tropicana Avenue on the south, and Interstate 15 on the west.

COMMENT: On September 26, 1996, at the direction of the Board of Health, any new or Modified Stationary Source with a CO EMISSION increase exceeding ten (10) tons per year but less than fifty (50) tons per year in the area of applicability shall be required to mitigate such a CO EMISSION increase by achieving CO reductions from motor vehicles associated with the facility at an offset ratio of 2:1.

12.2.6.3 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.6.4 Notice of Proposed Action (described in Subsection 12.3) is required for any new

NON

- MAJOR STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding ten (10) tons per year or any NON

- MAJOR STATIONARY SOURCE proposing MODIFICATION that results in a CO NET EMISSIONS INCREASE from all EMISSION Units that is equal to or exceeding ten (10) tons per year.

12.2.7 CO Major Sources in the Serious NONATTAINMENT AREA:

12.2.7.1 Subsect ion 12.2.7 shall apply to the following:

(a) Any new STATIONARY SOURCE in an AIR QUALITY AREA that is in a serious CO NONATTAINMENT AREA with a proposed total annual CO POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year,

and

(b) any proposed MODI FICATION to any existing STATIONARY SOURCE in
an AIR QUALITY AREA that is in a serious CO NONATTAINMENT AREA with a proposed total annual CO POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year.

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the existing CO POTENTIAL TO EMIT.

12.2.7.2 A MAJOR CO STATIONARY SOURCE shall not be authorized for construction within the area bounded by Washington Avenue on the north, Lamb Boulevard on the east, Tropicana Avenue on the south, and Interstate 15 on the west.12.2.7.3 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.7.4 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) Any new MAJOR CO STATIONARY SOURCE,

(b) any existing non

- major CO STATIONARY SOURCE proposing MODIFICATION with a CO NET EMISSIONS INCREASE equal to or exceeding ten (10) tons per year that results in a total CO POTENTIA L TO EMIT which is equal to or exceeds the EMISSIONS threshold of a MAJOR CO STATIONARY SOURCE, and

(c) any existing MAJOR CO STATIONARY SOURCE proposing MODIFICATION that results in a CO NET EMISSIONS INCREASE equal to or exceeding ten (10) tons per year.

12.2.7.5 O FFSET requirements are found in Section 59.

12.2.8 CO Non

- Major Sources in the CO MANAGEMENT AREA:

12.2.8.1 Subsection 12.2.8 shall apply to the following:

(a) Any new STATIONARY SOURCE with a proposed total annual Carbon Monoxide (CO) POTENTIAL TO EMIT less than seventy ( 70) tons per year, and

(b) any proposed MODIFICATION to an existing NON

- MAJOR STATIONARY SOURCE with a proposed total annual CO POTENTIAL TO EMIT less than seventy (70) tons per year.

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the existing CO POTENTIAL TO EMIT.

12.2.8.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.8.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding ten (10) tons per year or any STATIONARY SOURCE proposing M ODIFICATION

that results in a CO NET EMISSIONS INCREASE from all EMISSION Units that is equal to or exceeding ten (10) tons per year.

12.2.9 CO Major Sources in the CO MANAGEMENT AREAS:

12.2.9.1 Subsection 12.2.9 shall apply to the following:

(a) Any new STATIONARY SOURCE located in ELDORADO VALLEY with a proposed total annual Carbon Monoxide (CO) POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year, and(b) any proposed MODIFICATION to an existing NON

- MAJOR STATIONARY SOURCE located in ELDORADO VALLEY with a pro posed total annual CO POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per

year.

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the existing CO POTENTIAL TO EMIT.

12.2.9.2 Ea ch new or Modified STATIONARY SOURCE satisfying the applicability criteria shall be subject to the CO PSD requirements in subsections 12.2.10.4, 12.2.10.5,

12.2.10.6 and 12.2.10.7.

12.2.9.3 Each new or Modified EMISSION Unit shall incorporate EMISSION controls whi ch are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.9.4 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) Any new Major CO STATIONARY SOURCE,

(b) any existing Non

- Major CO STATIONARY SOURCE proposing

MODIFICATION with a CO NE T EMISSIONS INCREASE equal to or exceeding ten (10) tons per year that results in a total CO POTENTIAL TO EMIT which is equal to or exceeds the EMISSIONS threshold of a Major CO STATIONARY SOURCE; and

(c) any existing Major CO STATIONARY SOURCE proposing

MODI FICATION that results in a CO NET EMISSIONS INCREASE equal to or exceeding ten (10) tons per year.

12.2.10 CO Sources in the PSD AREA:

12.2.10.1 Subsection 12.2.10 shall apply to any new or Modifying STATIONARY SOURCE
in an AIR QUALITY AREA that is in a CO PSD AREA with C O EMISSIONS.

12.2.10.2 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.10.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE wi th a CO POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year or any STATIONARY SOURCE proposing

MODIFICATION that results in a CO NET EMISSIONS INCREASE from all EMISSION Units that is equal to or exceeding seventy (70) tons per year.

12.2.10.4 Pre

- ap plication Requirements:

(a) Any new STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a CO NET EMISSIONS INCREASE equal to or exceeding one hundred (100) tons per year shall perform air quality modeling pursuant toSubsection 12.5 prior to submitting an application for AUTHORITY TO

CONSTRUCT.

(b) Preconstruction ambient air monitoring requirement. Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform preconstruction monitoring for CO pursuant to Subsection 12.6.

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, if modeling results of the STATIONARY SOURCE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.10.5 Post Construction Ambient Air Monitoring Requirements

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform post construction monitoring for CO pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for CO shall not be subject to the requiremen ts of 12.2.10.5.

12.2.10.6 Additional Impact Analysis:

(a) Any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a

CO N ET EMISSIONS INCREASE equal to or exceeding one hundred (100) tons per year shall conduct an impact analysis:

(1) The OWNER OR OPERATOR shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a
result of the STATION ARY SOURCE or MODIFICATION and general commercial, residential, Industrial, and other growth
associated with the STATIONARY SOURCE or MODIFICATION.

(2) The OWNER OR OPERATOR shall provide an analysis of the air quality impact projected for the area as a resul t of general commercial, residential, industrial, and other growth associated

with the STATIONARY SOURCE or MODIFICATION.

12.2.10.7 Class I Area Analysis

(a) Any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located within sixty

- two (62) miles of a Class I area, or any STATIONARY SOURCE located in Clark County with a CO POTENTIAL TO EMIT equal to or exceeding two hundred fifty (250) tons per year shall conduct a Class I area analysis.(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5 ) to calculate the maximum increase in Ambient CO concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or Net EMISSIONS Increase for a STATIONARY SOURCE proposing MODIFI CATION. Any STATIONARY SOURCE with a modeled impact equal to or greater than one (1) microgram per cubic meter

(μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I

area shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or MODIFICATION; and

(2) provide an analysis of the air quality imp act projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.11 VOC Non

- Major Sources in the VOC MANAGEMENT AREAS:

VOLATILE ORGANIC COMPOUNDS (VOCs) are a prec ursor to the formation of ground level ozone. Clark County is classified as an attainment area for ozone; however, the Las Vegas Valley has maximum ozone levels approaching the National Ambient Air Quality Standard (NAAQS).

12.2.11.1 Subsection 12.2.11 shall apply to the following:

(a) Any new STATIONARY SOURCE located in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY with a total annual VOC POTENTIAL TO EMIT less than fifty (50) tons per year, or

(b) any proposed MODIFICATION to a NON

- MAJOR STATIONARY SOURCE

l ocated in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY with a proposed total annual VOC POTENTIAL TO EMIT less than fifty (50) tons per year.

(c) The total annual VOC POTENTIAL TO EMIT shall mean the addition of the

VOC EMISSIONS from the MODIFICA TION and the EMISSIONS from the existing VOC POTENTIAL TO EMIT.

12.2.11.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.11.3 Notice of Proposed Action (described in Section 12.3) is required for any new

NON

- MAJOR STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding twenty (20) tons per year or any NON

- MAJOR STATIONARY SOURCE proposing MODIFICATION that results in a VOC NET EMISSIONS

INCREASE from all EMISSION UN ITS that is equal to or exceeding twenty (20) tons per year.12.2.12 VOC Major Sources in the VOC MANAGEMENT AREAS:

VOLATILE ORGANIC COMPOUNDS (VOCs) are a precursor to the formation of ground level ozone. Clark County is classified as an attainment area for ozo ne; however, the Las Vegas Valley has maximum ozone levels approaching the National Ambient Air Quality Standard (NAAQS).

12.2.12.1 Subsection 12.2.12 shall apply to the following:

(a) Any new STATIONARY SOURCE located in the LAS VEGAS VALLEY

, ELDORADO VALLEY, or IVANPAH VALLEY with a total annual VOC POTENTIAL TO EMIT equal to or exceeding fifty (50) tons per year, and

(b) any proposed MODIFICATION to any STATIONARY SOURCE located in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY

with a proposed total annual VOC POTENTIAL TO EMIT equal to or exceeding fifty (50) tons per year.

(c) The total annual VOC POTENTIAL TO EMIT shall mean the addition of the

VOC EMISSIONS from the MODIFICATION and the EMISSIONS from the existing VOC POTENTIAL TO EMIT

.

12.2.12.2 Each new or MODIFIED STATIONARY SOURCE satisfying the applicability criteria shall be subject to the VOC PSD requirements in subsections 12.2.13.4, 12.2.13.5, 12.2.13.6, and 12.2.13.7.

12.2.12.3 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.12.4 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) any new Major VOC STATIONARY SOURCE,

(b) any existing Non

- Major VOC STATIONARY SOURCE proposing MODIFICATION with a VOC NET EMISSIONS INCREASE equal to or exceeding twenty (20) tons per year that results in a total VOC POTENTIAL TO EMIT which is equal to or exceeds the EMISSIONS threshold of a Major VOC STATIONARY SOURCE, and

(c) any existing Major VOC STATIONARY SOURCE proposing MODIFICATION that results in a VOC NET EMISSIONS INCREASE equal to or exceeding twenty (20) tons per year.

12.2.13 VOC Sources in PSD AREA:

12.2.13.1 Subsection 12.2.13 shall apply to any new o r Modified STATIONARY SOURCE in
an AIR QUALITY AREA that is in a VOC PSD AREA with VOC EMISSIONS.

12.2.13.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).12.2.13.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding forty (40) tons per year or any STATIONARY SOURCE proposing

MODIFICATION that results in a VOC NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or exceeding forty (40) tons per year.

12.2.13.4 Pre

- application Requirements:

(a) Preconstruction ambient air monitoring requirement:

(1) Any new STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any Major VOC STATIONARY SOURCE proposing MODIFICATION

that results in a VOC NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or exceeding one hundred (100) tons per year shall perform preconstruction monitoring for O3

pursu ant to Subsection 12.6.

(2) I f AMBIENT AIR monitoring data which is representative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring.

(b) A STATIONARY SOURCE shall not be issued an AUTHORITY TO

CON STRUCT/OPERATING PERMIT, if modeling results of the STATIONARY SOURCE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.13.5 Post Construction Ambient Air Monitoring Requirements:

(a) Any new STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any Major VOC STATIONARY SOURCE proposing MODIFICATION that results in a VOC NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or exceeding one hundred (100) tons per year shall perform post constructi on monitoring for O3 pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for O3 shall not be subject to the requirements of 12.2.13.5.

12.2.13.6 Addit ional Impact Analysis:

(a) Any STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or a VOC STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a VOC NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per year shall conduct an impact analysis:

(1) The OWNER OR OPERATOR shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a
result of the STATIONARY SOURCE or MODIFICATION andgeneral commercial, residential, industrial, and other growth
associated with the STATIONARY SOURCE or MODIFICATION.

(2) The OWNER OR OPERATOR shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated
with the STATIONARY SOURCE or MODIFICATION.

12.2.13.7 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located within sixty

- two (62) miles of a Class I area, or any STATIONARY SOURCE located in Clark County with a VOC POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5 ) to calculate the maximum increase in Ambient VOC concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or NET EMISSIONS INCREASE for a

STATIONARY SOU RCE proposing MODIFICATION. Any STATIONARY SOURCE with a modeled impact equal to or greater than one (1)

microgram per cubic meter (μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I area shall:

(1) provide an analysis of the impairmen t to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or MODIFICATION; and

(2) provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.14 NO

x Sources in the NO

x MANAGEMENT AREAS. Oxides of Nitrogen (NO

x ) are a precursor to the formation of ground level ozone. Clark County is classified as an attainment area for ozone; however, the LAS VEGAS VALLEY has maximum ozone levels approaching the National Ambient Air Quality Standard (NAAQS).

12.2.14.1 Subsection 12.2.14 shall apply to any new or Modified STATIONARY SOURCE located in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY with Nitrogen Oxides (NO

x ) EMISSIONS.

12.2.14.2 Special Restriction: Any STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT exceeding fifty (50) tons per year shall not be authorized for construction within the area bounded by Washington Avenue on the north, Lamb Boulevard on the east, Tropicana Avenue on the south, and Interstate 15 on the west.

(a) For any new or MODIFIED STATIONARY SOURCE of NO

x , whi ch receives an AUTHORITY TO CONSTRUCT after July 1, 1991, the totalaccumulated NO

x NET EMISSIONS INCREASE from all EMISSION UNITS within such STATIONARY SOURCE shall not exceed fifty (50) tons

per year.

(b) The total accumulated NO

x NET EMISSIONS INCREASE (N EI) shall mean

the accumulation of all NO

x NEIs occurring after July 1, 1991. The POTENTIAL TO EMIT, related to the accumulation of such NEIs for an affected STATIONARY SOURCE, shall not exceed a lifetime limit of fifty (50) tons per year.

(c) EXCEPTION: Any new or MODIFYING STATIONARY SOURCE may

exceed a total accumulated NO

x NET EMISSIONS INCREASE of fifty (50) tons per year from all EMISSION UNITS within such STATIONARY SOURCE after July 1, 1991, if such NO

x NET EMISSIONS INCREASE is offset with an approved Section 58 EMISSION REDUCTION CREDIT at a

ratio of 1.2 to 1.

12.2.14.3 Each new or Modified STATIONARY SOURCE satisfying the applicability criteria shall be subject to the NO

x PSD requirements in subsections 12.2.15.4, 12.2.15.5, 12.2.15.6, 12.2.15.7, and 12.2.15. 8.

12.2.14.4 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.14.5 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE with a NO

x P OTENTIAL TO EMIT equal to or exceeding twenty (20) tons per year or any STATIONARY SOURCE proposing

MODIFICATION that results in a NO

x NET EMISSIONS INCREASE from all EMISSION UNITS that is equal to or exceeding twenty (20) tons per year.

12.2.15 NO

x Sources in P SD AREA:

12.2.15.1 Subsection 12.2.15 shall apply to any new or Modified STATIONARY SOURCE
located in an AIR QUALITY AREA that is in a NO

x PSD AREA with NO

x EMISSIONS.

12.2.15.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls which are designed for th e BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.15.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding forty (40) tons per year or any STATIONARY SOURCE proposing

M ODIFICATION that results in a NO

x NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or exceeding forty (40) tons per year.

12.2.15.4 Pre

- application Requirements:

(a) Any new STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any STATIONARY

SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a

NO

x NET EMISSIONS INCREASE equal to or exceeding forty (40) tons peryear shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT.

(b) Preconstruction ambient air monitoring requirement:

(1) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall provide preconstruction monitoring for NO 2 pursuant to Subsection 12.6.

(2) If ambient air monitoring data which is re presentative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring.

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, if modeling results of the

STATIONARY SOUR CE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.15.5 Post Construction Ambient Air Monitoring Requirements:

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding

the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform post construction monitoring for NO 2 pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for NO 2 shall not be subject to the requirements of Subsection

12.2.15.5.

12.2.15.6 Growth Allowance for Nitrogen Dioxide

(a) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applica ble EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following maximum allowable increases over the BASELINE CONCENTRATION in any BASELINE AREA:

NO 2 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 25

(b) For STATIONARY SOURCES impacting a Class I area as determined pursuant to Subsection 12.2.15.8, the allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including S ECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the followingmaximum allowable increases over the BASELINE CONCENTRATION in

the Class I area:

NO 2 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 2.5

(c) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the air quality standards for NO 2 listed in Section 11 of these Air Quality Regulations.

(d) The CONTROL OFFICER shall maintain a record of increment consuming sources for all PSD AREAS and MANAGEMENT AREAS in Clark County.

(e) The CONTROL OFFICER shall disapprove any application and deny

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated increment consumption in 12.2.15.6(a) or 12.2.15.6(b) exceeds the maximum allowable increase, or if the cumulative modeled impact exceeds the air quality standards in Section 11 of these Air Quality Regulations.

12.2.15.7 Additional Impact Analysis. Any STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or a

STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in NO

x NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per year shall conduct an impact analysis:

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The OWNER OR OPERATOR shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.15.8 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a NO

x POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located within sixty two (62) miles of a Class I area or any ST ATIONARY SOURCE located in Clark County with a NO

x POTENTIAL TO EMIT equal to or exceeding two hundred fifty (250) tons per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5) to calculate the maximum increase in Ambient NO

x concentration resulting from the: POTENTIAL TO EMIT for a newSTATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY SOURCE with a modeled impact equal to or greater than one (1)

microgram per cubic meter (μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I area shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(2) provide an analysis of the air quality impact projected for the area as a result of general commercial, residen tial, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.16 SO 2 Sources in PSD AREA:

12.2.16.1 Subsection 12.2.16 shall apply to any new or Modified STATIONARY SOURCE in
an AIR QUALITY AREA that is in a SO 2 PSD AREA with SO 2 EMISSIONS.

12.2.16.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.16.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

STATIONARY SOURCE wit h a SO 2 POTENTIAL TO EMIT equal to or exceeding forty (40) tons per year and any STATIONARY SOURCE proposing

MODIFICATION that results in a SO 2 NET EMISSIONS INCREASE from all EMISSION UNITS that is equal to or exceeding forty (40) tons per year.

12.2.16.4 Pre

- appl ication Requirements:

(a) Any new STATIONARY SOURCE with a SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or any STATIONARY

SOURCE with a SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a

SO 2 NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT.

(b) Preconstruction ambient air mo nitoring requirement:

(1) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall provide preconstructi on monitoring for SO 2 pursuant to Subsection 12.6.

(2) If ambient air monitoring data which is representative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring.(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, if modeling results of the STATIONARY SOURCE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.16.5 Post Construction Ambient Air Monitoring Requirements:

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall conduct post construction monitoring for SO 2 pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction SO 2 ambient air monitoring for SO 2 shall not be subject to the requirements of 12.2.16.5.

12.2.16.6 Growth Allowance for Sulfur Dioxide

(a) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following maximum allowable increases over the BASELINE CONCENTRATION in any BASELINE AREA:

SO 2 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 20

24

- Hour Maximum 91

3

- Hour Maximum 512

(b) For STATIONARY SOURCES impacting a Class I area as determined pursuant to Subsection 12.2.16.8, the allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including S ECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to air pollution in violation of the following

maximum allowable increases over the BASELINE CONCENTRATION in

the Class I area:

SO 2 Class II Increment

Time Period Maximum Allowable Increase (μg/m 3 )

Annual Arithmetic Mean 2

24

- Hour Maximum 5

3

- Hour Maximum 25

(c) The allowable EMISSION increases from the proposed source or MODIFICATION, in conjunction with all other applicable EMISSIONS from existing sources (including SECONDARY EMISSIONS associated with the proposed source or MODIFICATION), shall not cause or contribute to airpollution in violation of the air quality standards for SO 2 listed in Section 11 of these Air Quality Regulations.

(d) The CONTROL OFFICER shall maintain a record of increment consuming sources for all PSD AREAS and MANAGEMENT AREAS in Clark County.

(e) The CONTROL OFFICER shall disapprove any application and deny

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estima ted increment consumption in 12.2.16.6(a) or 12.2.16.6(b) exceeds the maximum allowable increase, or if the cumulative modeled impact exceeds the air quality standards in Section 11 of these Air Quality Regulations.

12.2.16.7 Additional Impact Analysis. Any STATION ARY SOURCE with a SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or a

STATIONARY SOURCE with a SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year proposing MODIFICATION that results in a SO 2 NET EMISSIO NS INCREASE equal to or exceeding forty (40) tons per year shall conduct an impact analysis:

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the

STATIONARY SOURCE or MOD IFICATION and general commercial, residential, i ndustrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The OWNER OR OPERATOR shall provide an analysis of the air quality impact projected for the area as a result of general comm ercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.16.8 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year that is located withi n sixty two (62) miles of a Class I area or any STATIONARY SOURCE located in Clark County with a SO 2 POTENTIAL TO EMIT equal to or exceeding two hundred fifty (250) tons per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5) to calculate the maximum increase in Ambient SO 2 concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY SOURCE with a modeled impact equal to or greater than one (1)

microgram per cubic meter (μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I area shall:

(1) provide an analysis of the impairment to visibility, soils and

v egetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or MODIFICATION; and(2) provide an analysis of the air quality impact proj ected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.17 Pb Sources in PSD AREA:

12.2.17.1 Subsection 12.2.17 shall apply to any new or Modified STATIONARY SOURCE

located in an AIR QUALITY AREA that is in a Pb PSD AREA with Pb EMISSIONS.

12.2.17.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY.

12.2.17.3 Notice of Proposed Action (described in Subsection 12 .3) is required for any new STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceeding three tenths (0.3) of a ton per year and any STATIONARY SOURCE proposing

MODIFICATION that results in a Pb NET EMISSIONS INCREASE from all

EMISSION UNITs that i s equal to or exceeding three tenths (0.3) of a ton per year.

12.2.17.4 Pre

- application Requirements:

(a) Any new STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceeding six tenths (0.6) of a ton per year or any Major Pb STATIONARY SOURCE proposing MODIFIC ATION that results in a Pb NET EMISSIONS INCREASE equal to or exceeding six tenths (0.6) of a ton per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT.

(b) Preconstruction ambient air monitoring requirement. Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform preco nstruction monitoring for Pb pursuant to Subsection 12.6.

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, if modeling results of the STATIONARY SOURCE exceed the National Ambient Air Quality Standard (NAAQS).

12.2.17.5 Post Construction Ambient Air Monitoring Requirements:

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shal l perform post construction monitoring for Pb pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for Pb shall not be subject to the requirem ents of 12.2.17.5.

12.2.17.6 Additional Impact Analysis. Any STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceeding six tenths (0.6) of a ton per year or a STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceedingsix tenths (0.6) of a ton per year proposing MODIFICATION that results in a Pb NET EMISSIONS INCREASE equal to or exceeding six tenths (0.6) of a ton per year shall conduct an impact analysis:

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial , and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The OWNER OR OPERATOR shall provide an analysis of t he air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.17.7 Class I Area Analysis:

(a) Any STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equa l to or exceeding six tenths (0.6) of a ton per year that is located within sixty

- two (62) miles of a Class I area or any STATIONARY SOURCE located in Clark County with a Pb POTENTIAL TO EMIT equal to or exceeding six tenths (0.6) of a ton per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5 ) to calculate the maximum increase in Ambient lead concentration resulting from the: POTENTIAL TO EMIT for a new

STATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION.

(c) Any STATIONARY SOURCE with a modeled impact equal to or greater

than one (1) microgram per cubic meter (μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I area shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated with the STATIONARY

SOURCE or MOD IFICATION; and

(2) provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.18 HAP Sources in Clark County:

12.2.18.1 The applicability of Subsection 12.2.18 shall be limited to any STATIONARY SOURCE subject to the requirements of Section 20 of the Regulations, or any

STATIONARY SOURCE with EMISSIONS of HAZARDOUS AIR POLLUTANTS (HAPs) that are not subject to the PM 10 , VOC, or TCS requirements of the Regulations and shall apply to the following:(a) Any new STATIONARY SOURCE located in Clark County which emits or has a POTENTIAL TO EMIT equal to or exceeding, ten (10) tons per year for any HAZARDOUS AIR POLLUTANT (HAP), or twenty

- five (25) tons per year for any combination of HAPs, as defined in Section 0; and

(b) any MODIFIED HAP STATIONARY SOURCE located in Clark County which has a NET EMISSIONS INCREASE equal to or exceeding ten (10) tons per year for any HAZARDOUS AIR POLLUTANT (HAP), or twenty

- five (25) tons per year for any combination of HAPs as defined in

Sect ion 0.

12.2.18.2 EMISSION Control Requirements:

(a) For any STATIONARY SOURCE not subject to the requirements of Section 20 of the Air Quality Regulations and/or National EMISSION Standards for Hazardous Air Pollutants promulgated under section 112 of

the ACT:

(1) each new or MODIFIED EMISSION UNIT that does not represent an imminent or substantial danger, as determined by the CONTROL OFFICER, may incorporate no control; and

(2) each new or MODIFIED EMISSION UNIT that does represent an imminent or substantial danger, as determined by the CONTROL OFFICER, the EMISSION controls shall be, at a minimum, designed for the BEST AVAILABLE CONTROL TECHNOLOGY.

(b) For any STATIONARY SOURCE subject to the requirements of Section 20 of the Air Quality Regulations each new or MODIFIED EMISSI ON UNIT shall be subject to the applicable standard listed in Section 20.

12.2.18.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new STATIONARY SOURCE with a POTENTIAL TO EMIT equal to or exceeding ten (10) tons per year for all HAPs or any STATIONARY SOURCE proposing

MODIFICATION that results in a NET EMISSIONS INCREASE from all EMISSION UNITS that is equal to or exceeding ten (10) tons per year for all HAPs.

12.2.18.4 An application to construct or reconstruct any major source of hazardous

p ollutants shall contain a determination that maximum achievable control technology (MACT) for new sources under Section 112 of the ACT will be met. Where MACT has not been established by the administrator, such determination

shall be made on a case

- by -case basis pursuant to 40 CFR 63.40 through 63.44. For purposes of this subsection, constructing or reconstructing a major source shall have the meaning prescribed in 40 CFR 63.41.

(a) Notice of Proposed Action (described in Subsection 12.3) is required for

any s ource subject to this subsection.

(b) Within 60 days of the issuance of the permit, a copy of the MACT

determination will be submitted to the EPA.

12.2.19 TCS Sources in Clark County: Requirements for TOXIC CHEMICAL SUBSTANCES (TCS) contained in this Subsection apply to all new andMODIFIED STATIONARY SOURCES that emit one (1) or more of the TOXIC CHEMICAL SUBSTANCE(S), as defined in Section 0.

12.2.19.1 Pre

- application Requirements

— Preconstruction ambient air monitoring requirement:

(a) Any new STATIONARY SOURCE with a TCS POTE NTIAL TO EMIT equal to or exceeding one (1) ton per year or any Major TCS STATIONARY SOURCE proposing MODIFICATION that results in a TCS NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or exceeding one (1) ton per year shall perform precons truction monitoring for TCS pursuant to Subsection 12.6.

(b) If AMBIENT AIR monitoring data which is representative of the STATIONARY SOURCE location is available, such data may be used in lieu of preconstruction onsite monitoring.

12.2.19.2 Post Construction Ambient Air Monitoring Requirements:

(a) Any new STATIONARY SOURCE with a TCS POTENTIAL TO EMIT equal to or exceeding one (1) ton per year or any Major TCS STATIONARY SOURCE proposing MODIFICATION that results in a TCS NET

EMISSIONS INCREASE from all EMISSION UNITs t hat is equal to or exceeding one (1) ton per year shall perform post construction monitoring for TCS pursuant to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for TCS shall not be subject to the requirements of 12.2.19.2.

12.2.19.3 Additional Impact Analysis. Any STATIONARY SOURCE with a TCS POTENTIAL TO EMIT equal to or exceeding one (1) of a ton per year or a STATIONARY

SOURCE with a TCS POTENTIAL TO EMIT e qual to or exceeding one (1) of a ton per year proposing MODIFICATION that results in a TCS NET EMISSIONS INCREASE equal to or exceeding one (1) of a ton per year shall conduct an impact analysis:

(a) The OWNER OR OPERATOR shall provide an analysis of the imp airment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, Industrial, and other growth associated with the STATIONARY

SOURCE or MODIFICATION.

(b) The OWNER OR OPERATO R shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.19.4 Class I Area Analysis:

(a) Applicability: Any STA TIONARY SOURCE with a TCS POTENTIAL TO EMIT equal to or exceeding one (1) of a ton per year that is located within sixty

- two (62) miles of a Class I area, or any STATIONARY SOURCElocated in Clark County with a TCS POTENTIAL TO EMIT equal to or exceeding one (1) of a ton per year shall conduct a Class I area analysis.

(b) The applicant shall utilize a mathematical model (as described in Subsection 12.5) to calculate the maximum increase in Ambient TCS concentration resulting from the: POTENTIAL TO EMIT for a n ew STATIONARY SOURCE or NET EMISSIONS INCREASE for a STATIONARY SOURCE proposing MODIFICATION.

(c) Any STATIONARY SOURCE with a modeled impact equal to or greater

than one (1) microgram per cubic meter (μg/m 3 ) (24

- hour average) at or within the property boundary of the Class I area shall:

(1) provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the STATIONARY SOURCE or MODIFICATION and general commercial, residential, industrial, and other growth associated wit h the STATIONARY SOURCE or MODIFICATION; and

(2) provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the STATIONARY SOURCE or

MODIFICATION.

12.2.19.5 Air Quality Modeling:

(a) The applicant shall estimate changes in ambient air quality resulting from the new or MODIFIED STATIONARY SOURCE by using a mathematical

model described in Subsection 12.5.

(b) Actual measurements of ambient air quality, before or after construction of the new or MODIFIED STATIONARY SOURCE, may be required. At no time shall a STATIONARY SOURCE be exempted from the requirements

of Subsection 12.5.5.1.

(c) After the new or MODIFIED STATIONARY SOURCE is constructed and has commenced operation, the EMISSION UNIT(S) will be tested to verify conformance with the POTENTIAL TO EMIT, as described in Subsection 12.2.19.5(b).

12.2.19.6 Public notification (described in Subsection 12.3) is required if there is a net increase in any TOXIC CHEMICAL SUBSTANCE EMISS IONS from all EMISSION UNITS that is equal to or greater than one (1) ton per year.

12.2.19.7 BEST AVAILABLE CONTROL TECHNOLOGY is required if the total POTENTIAL TO EMIT exceeds one (1) tpy for any TOXIC CHEMICAL SUBSTANCES and Municipal WASTE Combustor Organics equal to or exceeding 0.00000555 tpy.

12.2.19.8 Chlorine. The applicant shall meet the requirements of Section 33 of these Regulations.

12.2.19.9 Compliance testing for TOXIC CHEMICAL SUBSTANCES:(a) As stated in Subsection 12.1.6, the POTENTIAL TO EMIT is an

enforceable OPERATING PERMIT condition.

(b) The applicant and the CONTROL OFFICER shall mutually determine the most appropriate sampling method and analytical technique to measure

the POTENTIAL TO EMIT for an EMISSION UNIT. If the applicant/permittee and the CONTROL OFFICER fa il to reach an agreement, the Hearing Board may be consulted for selecting the compliance testing method.

12.2.20 Additional Requirements for STATIONARY SOURCEs with Beryllium, Mercury, Vinyl Chloride, or Asbestos EMISSIONS in Clark County:

12.2.20.1 In addition to any of the requirements of Section 13 and Subsection 12.2.18, the applicant shall meet the following requirements:

12.2.20.2 Pre

- application Requirements:

(a) Any new or Modified STATIONARY SOURCE shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for

AUTHORITY TO CONSTRUCT.

(b) Preconstruction ambient air monitoring requirement. Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform preconstruction monitoring for each applicable pollutant pursuant

to Subsection 12.6.

12.2.20.3 Post Construction Ambient Air Monitoring Requirements:

(a) Any new or modifying STATIONARY SOURCE that models (performed pursuant to Subsection 12.5) an air quality impact equal to or exceeding the significance concentration (listed in Subsection 12.5, Table 12

- 1) shall perform post construction monitoring for each applicable pollutant pursuant

to Subsection 12.6.

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for such pollutant, shall not be subject to the requirements of

12.2.20.3.

12.2.20.4 Asbestos:

(a) The accumulated Ambient Air concentrations for all new or Modified STATIONARY SOURCEs since June 1, 1987, shall not exceed 1,000 fibers per cubic meter.

(b) The applicant shall meet requirements of Section 13 of these Regulations.

12.2.21 [RESERVED]

12.2.22 PM 10 Non

- Major Sources in the Moderate N ONATTAINMENT Area:12.2.22.1 Subsection 12.2.22 shall apply to the following:

(a) any new STATIONARY SOURCE with a proposed total annual PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year; or

(b) any proposed MODIFICATION to a NON

- MAJOR STATIONARY SOURCE

with a proposed total annual PM 10 POTENTIAL TO EMIT less than seventy (70) tons per year.

(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS from the MODIFICATION and the EMISSIONS from the existing PM 10 POTENTIAL TO EMIT.

12.2.22.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

12.2.22.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new

NON

- MAJOR STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding fifteen (15) tons per year or any NON

- MAJOR STATIONARY SOURCE proposing MODIFICATION that results in a PM 10 NET EMISSIONS INCREASE from all EMISSION UNITS, including FUGITIVE EMISSIONS, that is equal to or exceeding fifteen (15) tons per year.

12.2.22.4 Post Construction Ambient Air Monitoring Requirements:

(a) Applicability:

(1) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT. If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post construction monitoring pursuant to 12.2.22.5(b) and 12.6.2.

(2) Any MODIFYING STATIONARY SOURCE with a PM 10 NET EMISSIONS INCREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pu rsuant to Subsection 12.5 prior to submitting an application for AUTHORITY

TO CONSTRUCT on the total PM 10 POTENTIAL TO EMIT from all

EMISSION UNITS at such source.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equa l to or

exceeding a significance concentration of ten (10) μg/m 3

then such source shall perform post construction monitoring pursuant to 12.2.22.5 (b) and 12.6.2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presentlyperfo rms post construction ambient air monitoring for

PM 10 shall not be subject to the requirements of 12.2.22.5(b).

(b) Post Construction Ambient Air Monitoring Requirements:

(1) The owner or operator of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53 and 58.

(3) The Post Construction monitoring shall commence within thirty (30) days of the ACTUAL INITIAL START

- UP DATE.

12.2.23 PM 10 Major Sources in the Moderate NONATTAINMENT Area:

12.2.23.1 Subsection 12.2.23 shall apply to the following:

(a) any new STATIONARY SOURCE with a proposed total annual PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year;

and

(b) any proposed MODIFICATION t o any STATIONARY SOURCE with a proposed total annual PM 10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year.

(c) The total annual PM 10 POTENTIAL TO EMIT shall mean the addition of the

PM 10 EMISSIONS from the MODIFICATION and the EMISSIONS fro m the existing PM 10 POTENTIAL TO EMIT.

12.2.23.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER).

12.2.23.3 Notice of Proposed Action (described in Subsection 12.3) is required for:

(a) a ny new Major PM 10 STATIONARY SOURCE,

(b) any existing Non

- Major PM 10 STATIONARY SOURCE proposing

MODIFICATION with a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year that results in a total PM 10 POTENTIAL TO EMIT which is equal to or exceeding the EMISSIONS threshold of a Major PM 10 STATIONARY SOURCE, and

(c) any existing Major PM 10 STATIONARY SOURCE proposing

MODIFICATION that results in a PM 10 NET EMISSIONS INCREASE equal to or exceeding fifteen (15) tons per year.12.2.23.4 OFFSET requirements are found in Section 59.

12.2.23.5 Post Construction Ambient Air Monitoring Requirements for AUTHORITY TO CONSTRUCT CERTIFICATEs issued after October 1, 1993:

(a) Applicability:

(1) Any new STATIONARY SOURCE with a PM 10 POTENTIAL TO EMIT equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY TO CONSTRUCT. If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or exceeding a significance

concentration of ten (10) μg/m 3 then such source shall perform post construction monitoring pursuant to 12.2.23.5(b) and 12.6.2.

(2) Any Modifying STATIONARY SOURCE with a PM 10 NET
EMISSIONS IN CREASE equal to or exceeding twenty

- five (25) tons per year shall perform air quality modeling pursuant to Subsection 12.5 prior to submitting an application for AUTHORITY

TO CONSTRUCT on the total PM 10 POTENTIAL TO EMIT from all

EMISSION UNITs at such sou rce.

(i) If such source models performed pursuant to Subsection 12.5 have an air quality impact equal to or

exceeding a significance concentration of ten (10) μg/m 3

then such source shall perform post construction monitoring pursuant to 12.2.23.5(b) and 12.6. 2.

(ii) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at such location that presently performs post construction ambient air monitoring for

PM 10 shall not be subject to the requirements of 12.2.23.5(b).

(b) Post Construction Ambient Air Monitoring Requir ements:

(1) The owner or operator of the STATIONARY SOURCE shall install and operate a continuous Automated Particle Sampler (i.e. Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 53. Siting of the monitoring system must be approved by the CONTROL OFFICER and satisfy monitoring and modeling requirements.

(2) Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53 and 58.

(3) The Post Construction monitoring shall commence within thirty (30) days of the Actual Initial Start

- up Date.12.3 Owner/Operator Notification, Application Processing Deadlines, Notice of Proposed Action Procedures, and Public Hearings

12.3.1 Owner/Operator Notification and Application Processing Deadlines:

12.3.1.1 New or MODIFIED NON

- MAJOR STATIONARY SOURCE or NON

- MAJOR MODIFICATION to a MAJOR STATIONARY SOURCE. Within sixty (60) days upon receipt of an application, the CONTROL OFFICER shall notify the applicant, in writing, that the application is complete or incomplete:

(a) If the application is deemed complete, then within forty

- five (45) days after the date an application is deemed complete, the CONTROL OFFICER shall publish a Notice of Proposed Action pursuant to 12.3.2.

(b) If the application is deemed incomplete, then the CONTROL OFFICER shall itemize the deficiencies in writing.

(c) If the CONTROL OFFICER, after deeming an ATC application complete, should discover incorrect, inaccurate, and/or missing information from the ATC application, then, such ATC application may be redesignated incomplete and additional information may be requested to determine compliance with the Regulations.

(d) When the requested additional information is provided to the CONTROL OFFICER, the application will be considered complete and the time period specified in 12.3.1.1(a) will start over.

12.3.1.2 New MAJOR STATIONARY SOURCE or MAJOR MODIFICATION to a MAJOR

STATIONARY SOURCE:

(a) Within hundred (100) days after receipt of an application, the CONTROL OFFICER shall notify the applicant, in writing, that the application is complete or incomplete.

(1) If the application is deemed complete, then within ninety (90) days after the date an application is deemed complete, the CONTROL OFFICER shall publish a Notice of Proposed Action pursuant to

12.3 .2.

(2) If the application is deemed incomplete, then the CONTROL OFFICER shall itemize the deficiencies in writing.

(3) If the CONTROL OFFICER, after deeming an ATC application complete, should discover incorrect, inaccurate, and/or missing

information from the ATC application, then, such ATC application may be redesignated incomplete and additional information may be requested to determine compliance with the Regulations.

(4) When the requested additional information is provided to the CONTROL OFFICER, the applica tion will be considered complete and the time period specified in 12.3.1.2(a) will start over.(b) Upon receipt of the application, the CONTROL OFFICER shall notify the U.S. EPA, the Federal Land Manager, the Fish and Wildlife Service, the Air Quality Divisio n of the U.S. National Park Service, and the USDA Regional Forester of any new MAJOR STATIONARY SOURCE or major

MODIFICATION.

12.3.2 Notice of Proposed Action:

12.3.2.1 After receipt of a complete application, the CONTROL OFFICER shall publish in newspapers of general circulation within Clark County, Nevada, a notice listing the following items regarding the applicant:

(a) receipt of application;

(b) availability of information;

(c) availability of review and analysis of the application based on its compliance with each applicable regulation;

(d) preliminary determination whether CONSTRUCTION should be approved, or disapproved;

(e) availability of proposed conditions of AUTHORITY TO CONSTRU CT;

(f) for STATIONARY SOURCES subject to Subsections 12.2.3, 12.2.4, 12.2.5, 12.2.14, 12.2.15, and 12.2.16 the notice shall include the estimated
PSD increments for each PSD REGULATED AIR POLLUTANT consumed by all increment consuming stationary, area and mobile sources;

(g) the total POTENTIAL TO EMIT of each REGULATED AIR POLLUTANT, as calculated for Subsection 12.1;

(h) the total EMISSION reductions of each REGULATED AIR POLLUTANT from EMISSION UNITs that have been removed, disassembled or discontinued;

(i) opportun ity for any PERSON to submit written or oral comments on the air quality impact of the source including but not limited to the following:

(1) the air quality modeling used,

(2) other alternatives available to the STATIONARY SOURCE,

(3) the control technology requirements, and

(4) other appropriate considerations;

(j) All written and oral comments must be received by the CONTROL OFFICER within thirty (30) days from the publication date of the Notice of Proposed Action; and

(k) an opportunity for any PERSON to request a Public Hearing pursuant to

subsection 12.3.3.12.3.2.2 The CONTROL OFFICER shall send a copy of the notice of public comment to the applicant and to officials and agencies having cognizance over the location where the proposed construction would occur as follows:

(a) Any o ther 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; and

(d) any STATE, FEDERAL LAND MANGER, or Indian Governing body whose

la nds may be affected by EMISSIONS form the source or modification.

12.3.3 Public Hearings:

12.3.3.1 During the Notice of Proposed Action period specified in 12.3.2, any PERSON may petition the CONTROL OFFICER, in writing, for a Public Hearing. All such petitions shall contain: the petitioner’s name, address, daytime telephone number; and comments related to the items listed in subsection 12.3.2.1(f

- i).

12.3.3.2 If a proper petition is filed, the CONTROL OFFICER shall hold a Public Hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days after the date of the Notice of Proposed Action.

12.3.3.3 The petitioner shall receive no less than seven (7) day prior written notice of the date and location of the Public Hearing.

12.3.4 Final Application Evaluation:

12.3.4.1 Within seventy

- five (75) days, but no sooner than thirty (30) days, after the date of publication of the Notice of Proposed Action, unless a public hearing is held, the CONTROL OFFICER shall act on the application by either:

(a) issuing a Certificate of AUTHORITY TO CONSTRUCT with conditions; or

(b) issuing a finding of disapproval.

12.3.4.2 The CONTROL OFFICER shall consider and evaluate all written comments and oral testimony before taking final action. If the written comments and/or oral testimony identify an APPLICABLE REQUIREMENT, or applicable Clark County Air Quality Regulation that was overlooked, then such APPLICABLE REQUIREMENT(S) or applicable Air Quality Regulation(s) shall be included in the

conditions of the AUTHORITY TO CONSTR UCT.

12.3.4.3 If a public hearing is held, the CONTROL OFFICER shall act on the application within forty

- five (45) days after the public hearing.

12.3.4.4 The CONTROL OFFICER shall notify the applicant, the Nevada Department of Environmental Protection (NDEP) and the U.S. Environmental Protection Agency (USEPA) of each action taken under this Subsection 12.3. Copies of the application, review reports, conditions of approval, and OPERATING PERMIT conditions shall be available for inspection by the public, NDEP, and USEPA.The CONTROL OFFICER shall provide a mechanism whereby a FEDERAL LAND MANAGER (FLM) responsible for management of any Class I lands may present to the STATE a demonstration that the EMISSIONS for the proposed source or MODIFICATION would have an adverse imp act on the air quality

- related values (including visibility) of any Federal 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 increase for a Class I area. If the STATE concurs with such demonstration, the reviewing authority shall not issue the permit.

The New Source Review (NSR) process for Federal Class I lands shall be conducted pursuant to 40 CFR 50.307. The following requirements enumerate the NRS process:

(a) The CONTROL OFFICER shall determine applicability of proposals to the National Park Service (NPS) based on the following criteria:

(1) A Federal MAJOR STATIONARY SOURCE with 250 tons per year (tpy) or more of any criteria air pollutant Or A Federal MAJOR MODIFICATION or 100 tpy of any criteria air pollutant from one of the following source categories:

(i) Coal cleaning plants (with thermal dryers), (ii) Kraft pulp mills (iii) Portland cement plant s, (iv) Primary zinc smelters, (v) Iron and steel mills, (vi) Primary aluminum ore reduction plants, (vii) Primary copper smelters, (viii) Municipal INCINERATOR capable of charging more than 250 tons of refuse per day, (ix) Hydrofluoric, sulfuric, or nitric acid plants, (x) Petroleum refineries, (xi) Lime plants, (xii) Phosphate rock processing plants, (xiii) Coke oven batteries, (xiv) Sulfur recovery plants, (xv) Carbon black plants (furnace process), (xvi) Primary lead smelters, (xvii) Fuel conversion plants, (xviii) Sintering plants, (xix) Secondary metal production plants, (xx) CHEMICAL PROCESS plants, (xxi) Fossil

- fuel boilers (or combination thereof) totaling more than 250 million BRITISH THERMAL UNITS per hour heat input, (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, (xxiii) Taconite ore pr ocessing plants, (xxiv) Glass fiber processing plants, (xxv) Charcoal production plants,(xxvi) Fossil fuel

- fired steam electric plants of more than 250 million BRITISH THERMAL UNITS per hour heat input,

and (xxvii) Any other STATIONARY SOURCE category regulated under sections 111 or 112 of the ACT; and

(2) The project site is located within 100 km (62 miles) of any boundary of the Grand Canyon National Park Class I land or if the EMISSIONS from a proposed source located more than 100 km (62 miles) from a Federal Class I land are sufficiently large that professional judgment suggests that there may be a possible impact.

(b) The CONTROL OFFICER shall provide the NPS with the following

information:

(1) Within thirty (30) days of receipt, the CO NTROL OFFICER shall submit a copy of all information relevant to the permit application, including an analysis of the anticipated impacts on visibility and/or air quality related values for any Federal Class I land.

(2) f the CONTROL OFFICER receives an advance notice of an applicable project of the intent to monitor pursuant to 40 CFR 51.166 and that source may affect visibility or other air quality related values, the CONTROL OFFICER shall notify NPS of the intent within 30 days.

(3) The CONTROL OFFICER shall s ubmit the Final Draft AUTHORITY TO CONSTRUCT and Technical Support Document (TSD) to NPS at least thirty (30) calendar days prior to the public notice and provide the NPS within the required sixty (60) calendar day comment period.

(c) The CONTROL OFFICER shal l submit all required information to NPS Air Resources Division by email when possible, and by U.S. Mail when

necessary.

(d) The CONTROL OFFICER shall keep a printed record of all correspondence in the associated STATIONARY SOURCE’S master file.

The NPS Air R esources Division will assume responsibility for transmitting all information to the appropriate NPS staff at the Grand Canyon National

Park.

(e) The CONTROL OFFICER shall consider and act upon, when necessary,

all written comments received from the NPS in an open and timely manner. The CONTROL OFFICER shall respond in writing to NPS written

comments.

(f) Within thirty (30) days of receipt of the AUTHORITY TO CONSTRUCT Application, NPS shall respond in writing to the CONTROL OFFICER of any major concerns or additional information necessary to review the air quality analysis.(g) Within sixty (60) days of receipt of the Final Draft AUTHORITY TO CONSTRUCT and TSD, NPS shall respond in writing to the CONTROL OFFICER, including “No Comment”. The CONTROL OFFICER shall fil e the response in the STATIONARY SOURCE’S master file.

(h) For all projects that may impact a Federal Class I land, the CONTROL OFFICER shall notify the affected parties within thirty (30) calendar days of receipt of the project application:

(1) Bureau of Land M anagement,

(2) U.S. Forest Service,

(3) Any STATE, FEDERAL LAND MANGER, local, or Indian Governing body whose lands may be affected by EMISSIONS form

the source or modification.

(4) Any other STATE or local air pollution control agencies with responsibility for lands may be affected by EMISSIONS form the source or modification; and

(5) Any comprehensive regional land use planning agency with responsibility for lands may be affected by EM ISSIONS form the

source or modification.

12.3.4.5 Appeals. Any citizen, pursuant to this Section 12, may file a notice of appeal to the HEARING BOARD, pursuant to Section 7, no later than thirty (30) days after the

date of the CONTROL OFFICER’S action.

12.4 [RESERVED]

12.5 Air Quality Models

12.5.1 Air Quality Modeling Applicability. Air quality modeling applies to any new or Modifying STATIONARY SOURCE located in the PSD Area or MANAGEMENT AREA that triggers the EMISSIONS threshold listed pursuant to subsection 12.2. The applicant shall utilize a mathematical model (as specified in Subsection 12.5.3) to calculate the maximum increase in Ambient concentration for each REGULATED AIR POLLUTANT at and beyond the property boundary resulting from the total POTENTIAL TO EMIT (described in Subsection 12.1.6) for each

REGULATED AIR POLLUTANT.

12.5.2 [RESERVED]

12.5.3 Air Quality Modeling Requirements:

12.5.3.1 Estimates of ambient concentrations required under Subsection 12.2 shall be based on the applicable air quality models and data bases approved by USEP A.

12.5.3.2 Air quality modeling is subject to the provisions of 40 CFR Part 51 Appendix W, as

revised.

12.5.4 Stack heights:12.5.4.1 The degree of EMISSION limitation required for control of any REGULATED AIR POLLUTANT shall not be affected in any manner by the stack height p ortion of any source that exceeds good engineering practice, or any other dispersion technique.

12.5.4.2 Exception: stack heights in existence before December 31, 1970 or dispersion techniques implemented before then.

12.5.5 PSD Monitoring Significance Levels:

12.5.5.1 Air qua lity modeling that results in concentrations for any REGULATED AIR POLLUTANT equal to or exceeding the values listed in Table 12

- 1 shall require PSD ambient air monitoring for each REGULATED AIR POLLUTANT.

Table 12 -1 PSD Monitoring Significance Levels

R EGULATED A IR P OLLUTANT Significance Level (μg/m 3 ) Averaging Time Pre

- Construction Post

construction

PM 10 10 16 24

- hour

CO 575 2000 8

- hour

O 3 (VOC) a a

NO 2 (NO

x ) 14 14 annual

SO 2 13 50 24

- hour

Pb 0.1 0.1 3

- month

Asbestos b b

Beryllium (Be) 0.001 0.001 24

- hour Mercury (Hg) 0.25 0.25 24

- hour Vinyl Chloride 15 15 24

- hour

Fluorides 0.25 0.25 24

- hour Hydrogen Sulfide (H 2 S) at Major Stationary Sources of PM 10 , VOC, SO 2 , lead, CO and hazardous air pollutants. 0.2 2 1 hour

Hydrogen Sulfide (H 2 S)
- Other Stationary Sources b 2 1 hour

Total Reduced Sulfur (including H 2 S) 10 10 1

- hour
Reduced Sulfur Compounds 10 10 1

- hour

Toxic Chemical Substances c c 24

- hour

Hazardous Air Pollutant (HAP) d d

a No ‘de minimus ’ significance level is provided for ozone. However, any VOC NET EMISSIONS INCREASE of one hundred (100) tons per year or more would require the applicant to perform an ambient impact analysis and perform preconstruction monitoring

for ozone.

b No ‘de minimus’ significance level is provided, therefore no modeling or preconstruction monitoring is required.

c Only each TOXIC CHEMICAL SUBSTANCE with a significance level specifically identified in an applicable standard shall be required to model. Otherwise , no modeling is required.d Only each HAP with a significance level specifically identified in an applicable standard adopted pursuant to Section 20 of the Air Quality Regulations shall be required to model. Otherwise, no modeling is required.

12.6 Preconst ruction and Post Construction Ambient Air Monitoring Requirements:

12.6.1 Preconstruction Ambient Air Monitoring Requirements:

12.6.1.1 The applicant shall submit a preconstruction monitoring proposal to the CONTROL OFFICER for review at least thirty (30) days prior to commencing preconstruction monitoring. All preconstruction monitoring proposals shall include the following:

(a) type of monitoring equipment, (b) location of monitor, (c) enclosure design, (d) electrical power supply, (e) climate control, (f) quality assurance, and (g) and quality control.

12.6.1.2 All preconstruction monitoring measurements shall be gathered over a period of at least twelve (12) months preceding receipt of the application for AUTHORITY TO CONSTRUCT, except that, if the CONTROL OFFICER determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than twelve (12) months (but not less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

12.6.1.3 The preconstruction monitor shall be located in the general proximity of the modeled point of maximum impact. If such location is infeasible due to technical or physical limitations, then, the CONTROL OFFICER and the applicant shall determine the appropriate preconstructi on monitor location.

12.6.1.4 All preconstruction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53, and 58.

12.6.1.5 The applicant shall submit all preconstruction monitoring data to the CONTR OL OFFICER with the application for AUTHORITY TO CONSTRUCT.

12.6.2 Post Construction Ambient Air Monitoring Requirements:

12.6.2.1 Post construction monitoring shall commence on the Actual Initial Start

- up Date.

12.6.2.2 The post construction monitor shall be located in the general proximity of the modeled point of maximum impact. If such location is infeasible due to technical or physical limitations, then, the CONTROL OFFICER and the applicant shall determine the appropriate post construction monitor location.

12.6.2.3 The owner or operator shall submit a post construction monitoring proposal to the CONTROL OFFICER with the AUTHORITY TO CONSTRUCT application. All post construction monitoring proposals shall include the following:

(a) type of monitoring equipment,(b) l ocation of monitor, (c) en closure design, (d) electrical power supply, (e) telephone line availability, (f) climate control, (g) quality assurance, and (h) and quality control.

12.6.2.4 Post construction monitoring activities shall be subject to the relevant provisions of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53, and 58.

12.6.2.5 Reporting Requirements. Quality assurance and quality control requirements shall be reported to the CONTROL OFFICER as required.

12.6.2.6 Post construction monitoring shall be conducted for a minimum of two (2) years. At the end of the second (2nd) year and each subsequent two (2) year period (if applicable), the CONTROL OFFICER shall review the air quality impact to determine if additional post construction monitoring is required. The owner or operator may terminate post construction monitoring only if the CONTROL OFFICER notifies the owner or operator, in writing, that such monitoring is no longer required.

COMMENT: On September 26, 1996, the Control Officer agreed to develop a policy guidance that will address the termination of post construction ambient monitoring.

12.7 Continuous EMISSION Monitoring Systems

12.7.1 Continuous EMISSION Monitoring Systems Applicabilit y:

12.7.1.1 For any new STATIONARY SOURCE with a CO, NO x, or SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year:

(a) The conditions of the AUTHORITY TO CONSTRUCT shall include the requirement to operate and maintain a continuous EMISSION moni toring system (CEMS) for each EMISSION UNIT with a POTENTIAL TO EMIT equal to or exceeding the following:

(b) As applicable, the application shall include a description of a CEMS for each affected REGULATED AIR POLLUTANT on each applicable

EMISSION UNIT. Cond itions shall assure compliance with the subject provisions of Title 40, Code of Federal Regulations, Part 60.

12.7.1.2 For any MODIFYING STATIONARY SOURCE with a CO, NO

x , or SO 2 POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year:

(a) The conditions of the AUTHORITY TO CONSTRUCT shall include the requirement to operate and maintain a CEMS for each EMISSION UNIT with a NET EMISSIONS INCREASE equal to or exceeding the following:

(b) As applicable, the application shall include a description of a CEMS fo r each affected REGULATED AIR POLLUTANT on each applicableEMISSION UNIT. Conditions shall assure compliance with the subject provisions of Title 40, Code of Federal Regulations, Part 60.

12.7.2 Continuous EMISSIONS Monitoring System Requirements. Any Continuous EMISSION Monitoring System required for Carbon Monoxide, Oxides of Nitrogen,

or Sulfur Dioxide shall be used for direct

- compliance.

12.7.3 Continuous Opacity Monitoring System (COMS) Requirements:

12.7.3.1 Applicability. Any EMISSION UNIT subject to an applicable New S ource Performance Standard adopted pursuant Section 14 of the Air Quality Regulations which requires an opacity monitor.

12.7.3.2 Any COMS shall be used for direct

- compliance.

12.7.4 [RESERVED]

12.7.5 Alternative Monitoring System(s). The owner or operator of an affected EMISSION UNIT may apply for approval of an alternative monitoring system (or system component) to determine average hourly EMISSION data, by demonstrating that the alternative monitoring system has the same or better precision, reliability, accessibility, and timeliness as provided by continuous EMISSION monitoring system. The owner or operator of an affected EMISSION UNIT shall submit all requests for an alternative monitoring system to the AQD Enforcement Supervisor.

(a) Within two (2) months of receipt of a complete request for an alternative monitoring system, the CONTROL OFFICER shall notify the requester in writing of approval or disapproval of such request.

(b) To be deemed complete, a request must contain all information required pursuant to Subsection 12.7.5 in sufficient detail to evaluate the request. The CONTROL OFFICER may request additional information in writing and set a reasonable deadline for response.

12.8 Issuance of AUTHORITY TO CONSTRUCT CERTIFICATE with Conditions

12.8.1 AUTHORITY TO CONSTRUCT CERTIFIC ATE Conditions. The conditions of the AUTHORITY TO CONSTRUCT CERTIFICATE shall include, but not be limited to the following:

(a) total POTENTIAL TO EMIT for each EMISSION UNIT, (b) compliance testing deadlines, (c) performance standards, (d) c ontrol requirements, (e) reporting schedules, (f) EMISSION limitations, (g) continuous EMISSIONS monitoring, (h) post construction monitoring, (i) offset requirements, (j) upset/breakdown notification, (k) all PSD increment consumption, and (l) expiration date.12.8.1.2 These conditions shall be duplicated in the OPERATING PERMIT conditions when the facility is ready to start up.

12.8.2 AUTHORITY TO CONSTRUCT Issuance Requirements. An "AUTHORITY TO

CONSTRUCT CERTIFICATE” shall not be issued unless the CONTROL

OFFICER has:

(a) approved the location of the STATIONARY SOU RCE;

(b) determined that the applicant has demonstrated that all STATIONARY SOURCES owned or operated by the Applicant within the STATE or by any entity controlling, controlled by, or under common control with the applicant in the STATE are subject to EMISSION limitations and are in compliance, or on a schedule for compliance, with all applicable EMISSION limitations and standards under the Clean Air Act; and

(c) received full payment of all applicable fees.

(1) For any STATIONARY SOURCE or MODIFICATION subject to

s ubsection 12.3 requirements (Notice of Proposed Action), all applicable fees shall be paid prior to the publication of the Notice of Proposed Action.

(2) For any STATIONARY SOURCE or MODIFICATION not subject to subsection 12.3 requirements (Notice of Proposed Action), all applicable fees shall be paid prior to the issuance of the

AUTHORITY TO CONSTRUCT.

12.8.3 Enforceability of AUTHORITY TO CONSTRUCT Conditions. The AUTHORITY

TO CONSTRUCT CERTIFICATE shall become enforceable and effective if the applicant signs and returns such ATC to the CONTROL OFFICER within thirty (30) days from the issuance date.

(a) If the AUTHORITY TO CONSTRUCT CERTIFICATE is not signed by the applicant and returned to the CONTROL OFFICER within the thirty (30) day period, then such ATC shall be deemed invalid.

(b) Revalidation of such ATC shall require reapplication for a new AUTHORITY TO CONSTRUCT CERTIFICATE which may be subject to

additional fees.

12.8.4 Compliance with the AUTHORITY TO CONSTRUCT Conditions:

12.8.4.1 Applicability: Any new MAJOR STATIONARY SOU RCE, or any Major MODIFICATION to a MAJOR STATIONARY SOURCE for any REGULATED AIR

POLLUTANT.

(a) The CONTROL OFFICER shall issue a Stop Order prohibiting the construction, installation, establishment, or alteration of such STATIONARY SOURCE if any of the foll owing are determined prior to
issuance of the OPERATING PERMIT:(1) such STATIONARY SOURCE has deviated from the construction design as proposed in the AUTHORITY TO CONSTRUCT Application which results in an increase in the POTENTIAL TO EMIT, or the EMISSION o f an unpermitted REGULATED AIR POLLUTANT; or

(2) such STATIONARY SOURCE has altered or modified the control technology requirements which were agreed upon in the conditions

of the AUTHORITY TO CONSTRUCT CERTIFICATE.

(b) The Stop Order shall specify the reasons for the issuance of the Stop Order, the effective time and date. The Hearing Board shall meet within twenty (20) days of filing of an appeal to review the action of the CONTROL OFFICER in accordance with the provisions of Section 7 of the Air Quality Regula tions.

12.8.4.2 Applicability: Any new NON

- MAJOR STATIONARY SOURCE, or any non

- Major MODIFICATION to any STATIONARY SOURCE for any REGULATED AIR

POLLUTANT.

(a) The CONTROL OFFICER may issue a Stop Order prohibiting the construction, installation, establishment, or alteration of such STATIONARY SOURCE if any of the following are determined prior to

issuance of the OPERATING PERMIT:

(1) such STATIONARY SOURCE has deviated from the construction design as proposed in the AUTHORITY TO CONSTRUCT Application which results in an increase in the POTENTIAL TO EMIT, or the EMISSION of an unpermitted REGULATED AIR POLLUTANT; or

(2) such STATIONARY SOURCE has altered or modified the control technology requirements which were agreed upon in the conditions
of the AUTHORITY TO CONSTRUCT CERTIFICATE.

(b) The Stop Order shall specify the reasons for the issuance of the Stop Order, the effective time and date. The Hearing Board shall meet wit hin twenty (20) days of filing of an appeal to review the action of the CONTROL OFFICER in accordance with the provisions of Section 7 of the Air Quality Regulations.

12.8.4.3 Noncompliance with any AUTHORITY TO CONSTRUCT condition(s) is a violation

of Section 12 and a violation of the AUTHORITY TO CONSTRUCT CERTIFICATE

which shall result in enforcement action.

12.8.4.4 No stationary source shall commence construction unless it has met all requirements of the rule to which it is subject, except where the rule allows that

c ompliance with a specific requirement may be achieved by a later date.

12.9 Cancellation or Extension of an AUTHORITY TO CONSTRUCT CERTIFICATE

12.9.1 Cancellation of an AUTH ORITY TO CONSTRUCT CERTIFICATE. The CONTROL OFFICER shall cancel a Certificate issued pursuan t to Section 12,except as provided in subsection 12.9.2, if the applicant does not Commence Construction within eighteen (18) months of date of ATC issuance or if construction work is discontinued for any eighteen (18) month period and any Prevention of Significant Deterioration (PSD) increment reserved on behalf of the applicant shall expire.

12.9.2 Extension of AUTHORITY TO CONSTRUCT CERTIFICATE. If the applicant requires an extension, a request shall be submitted in writing to the CONTROL OFFICER at least thirty (30) days prior to the eighteen (18) month cancellation

date of the AUTHORITY TO CONSTRUCT CERTIFICATE. Such extension request shall include the following:

(a) Justification why construction did not commence as scheduled, if applicable;

(b) Revised construction schedule which assures that continuous construction will be initiated or maintained during the extension period;

(c) Perform reanalysis of BACT (applies to extension request beyond the first request);

(d) Reanalyze PSD increment consumption and air quality i mpacts for each applicable REGULATED AIR POLLUTANT (applies to extension request beyond the first request); and

(e) Extension request must be signed by a responsible representative of the company proposing the project.

12.9.2.2 Within thirty (30) days after receipt o f Certificate extension request, the CONTROL OFFICER shall notify the permittee of intention to approve or dis approve Certificate extension. The Clark County Board of County Commissioners shall approve or disapprove the extension with or without conditions

.

12.9.2.3 Proposed revisions to the AUTHORITY TO CONSTRUCT CERTIFICATE shall meet any new requirements promulgated since issuance of the Certificate and shall be subject to public notification procedures described in Subsection 12.3.

12.9.2.4 Each AUTHORITY TO CONSTRUCT CERTIFICATE extension shall not exceed twelve (12) months from Certificate expiration date.

12.10 Disclaimers. An AUTHORITY TO CONSTRUCT CERTIFICATE shall not relieve any owner or operator of the responsibility to comply with all applicable Local, STATE and

Fed eral Regulations. Certificates issued by the CONTROL OFFICER shall not be deemed to be an acceptance or approval of operation of any article, machine, equipment, process or other contrivance listed on said Certificate by the CONTROL OFFICER or his agent.

T he Certificate shall not be construed to show compliance on the part of the Registrant with the Regulations contained herein, limiting the EMISSION of air pollutants into the atmosphere.

12.11 Severability Clause. In the event that portions of an AUTHORITY TO C ONSTRUCT are challenged, all remaining portions of said AUTHORITY TO CONSTRUCT not subject to such challenge shall remain fully in effect as if the challenge had not been filed.12.12 Protection of Visibility from Sources in NONATTAINMENT AREAS

.

12.12.1 Review of MAJO R STATIONARY SOURCES and Major
MODIFICATIONS

-- Source Applicability and Exemptions.

(a) No STATIONARY SOURCE or MODIFICATION to which the requirements of this section apply shall begin actual construction without an

AUTHORITY TO CONSTRUCT/OPERATING PERMIT whic h states that
the STATIONARY SOURCE or MODIFICATION would meet those requirements.

(b) The requirements of this section shall apply to construction of any new MAJOR STATIONARY SOURCE or major MODIFICATION that would

both be constructed in an area classified a s a NONATTAINMENT AREA under Section 107(d)(1)(A), (B) or (C) of the ACT and potentially have an impact on visibility in any visibility protection area.

(c) The requirements of subsection 12.12 shall apply to any such MAJOR STATIONARY SOURCE and any such majo r MODIFICATION with respect to each pollutant subject to regulation under the ACT that it would emit, except as this section otherwise provides.

(d) The requirements of this section shall not apply to a particular MAJOR STATIONARY SOURCE or major MODIFICATION, if:

(1) The MAJOR STATIONARY SOURCE or major MODIFICATION would be a nonprofit health or nonprofit educational institution, or a major MODIFICATION would occur at such an institution, and the governor of the STATE in which the MAJOR STATIONARY SOURCE or major MODIFICATION would be located requests that it be exempt from those requirements; or

(2) The source or MODIFICATION would be a MAJOR STATIONARY

SO URCE or major MODIFICATION only if fugitive emissions, to the extent quantifiable, are considered in calculating the POTENTIAL

TO EMIT of the STATIONARY SOURCE OR modification and the source does not belong to any of the following categories:

(i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants;(xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil

- fuel boiler (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil fuel

- fired steam electric plants of more than 250 million British thermal units per hour heat input; (xxvii) Any other STATIONARY SOURCE category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the ACT; or

(3) The MAJOR STATIONARY SOURCE is a portable MAJOR STATIONARY SOURCE which has previously received an

AUTHORITY TO CONSTRUCT/OPERATING PERMIT under this section, and

(i) The OWNER/OPERATOR proposes to relocate the

source and EMISSIONS of the source at the new location would be temporary; and

(ii) The EMISSIONS from the source would not exceed its ALLOWABLE EMISSIONS; and

(iii) The EMISSIONS from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

(iv) Reasonable notice is given to the CON TROL OFFICER, prior to the relocation, 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) calendar days in advance of the proposed relocation, unless a different time duration is previously approved by the

CONTROL OFFICER.

(e) The requirements of this subsection shall not apply to a MAJOR STATIONARY SOURCE or major MODIFICATION with respect to a particular pollutant if the OWNER/OPERATOR demo nstrates that, as to that pollutant, the source or MODIFICATION is located in an area designated as attainment under Section 107 of the ACT.

(f) The requirements of this subsection shall not apply to a MAJOR STATIONARY SOURCE or major MODIFICATION with respec t to a particular pollutant, if the ALLOWABLE EMISSIONS of that pollutant fromthe source, or the NET EMISSIONS INCREASE of that pollutant from the

MODIFICATION:

(1) Would impact no Class I area and no area where an applicable increment is known to be violated, and

(2) Would be temporary.

12.12.2 Visibility Impact Analyses. The OWNER/OPERATOR of a source shall provide an analysis of the impairment to visibility that would occur as a result of the source or MODIFICATION and general commercial, residential, industrial and other growth associated with the source or MODIFICATION.

12.12.3 FEDERAL LAND MANAGER Notification.

(a) The FEDERAL LAND MANAGER and the Federal official charged with direct responsibility for management of Federal Class I areas have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the CONTROL OFFICER, whether a proposed source or modification will have an adverse impact on such values.

(b) The CONTROL OFFICER shall provide written notification to all affected FEDERAL LAND MANAGERS of any AUTHORITY TO CONSTRUCT/ OPERATING PERMIT application for any proposed new MAJOR STATIONARY SOURCE or major MODIFICATION that may affect visibility in any visibility protection area. The CO NTROL OFFICER shall also provide for such notification to the Federal official charged with direct responsibility for management of any lands within any such area:

(1) Such notification shall include a copy of all information relevant to

the AUTHORITY TO CONSTRUCT/OPERATING PERMIT application and shall be given within thirty (30) calendar days of receipt and at least sixty (60) calendar days prior to any public hearing on the application for an AUTHORITY TO

CONSTRUCT/OPERATING PERMIT.

(2) Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in any visibility protection area.

(3) The CONTROL OFFICER shall also notify all affected FLM's within thirty (30) calendar days of receipt of any advance notification of any such AUTHORITY TO CONSTRUCT/OPERATING PERMIT application.

(c) The CONTROL OFFICER shall consider any analysis performed by the FEDERAL LAND MANAGER, provided within thirty (30) calendar days of the notification required by subsection 12.2.3(b), that such proposed new MAJOR STATIONARY SOURCE or major MODIFICATION may have an adverse impact on visibility in any visibility protection area. Where the CONTROL OFFICER finds that such an analysis does not demonstrate to the satisfaction of the CONTROL OFFICER that an adverse impact on visibility will result in the visibility protection area, the CONTROL OFFICERmust, in the notice of public hearing, either explain their decision or give notice as to where the explanation can be obtained.

12.12.4 National Visibility Goal. The CON TROL OFFICER shall only issue an

AUTHORITY TO CONSTRUCT/OPERATING PERMIT to those sources whose EMISSIONS will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of

visibi lity in visibility protection areas which impairment results from man

- made air pollution. In making the decision to issue an AUTHORITY TO CONSTRUCT/OPERATING PERMIT, the CONTROL OFFICER may take into account the costs of compliance, the time necessary for compliance, the energy

and non

- air quality environmental impacts of compliance, and the useful life of the

source.

12.12.5 Monitoring. The CONTROL OFFICER may require monitoring of visibility in any visibility protection area near the proposed new STATIONARY SOUR CE or major MODIFICATION for such purposes and by such means as the CONTROL OFFICER deems necessary and appropriate.

History: Amended: July 9, 1987; January 25, 1990; December 13, 1990; May 23, 1991; September 26, 1991; May 27, 1993; November 18, 1993; August 25, 1994; January 25, 1996; March 28, 1996; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; June 26 , 1997; January 22, 1998; April 23, 1998; September 28, 2000; May 24, 2001; November 20, 2001; June 3, 2003; July 1, 2004; October 7, 2004. Repealed: July 1, 2010.

### SECTION 16

- OPERATING PERMITS

16.1 No P ERSON shall cause, suffer, or allow the operation of any E MISSION U NIT in

a S TATIONARY S OURCE or in a G ASOLINE S TATION unless an O PERATING P ERMIT has been issued by the C ONTROL O FFICER and such permit is current and

valid.

16.2 The O PERATING P ERMIT will require an annual fee.

16.2.1 Failure to remit the fee within thirty (30) calendar days of invoicing date is a

violation of Section 16 of t hese Regulations.

16.2.2 An O PERATING P ERMIT shall not be valid unless the annual fee is paid within sixty (60) days of the invoicing date.

16.3 The C ONTROL O FFICER may issue an O PERATING P ERMIT on a provisional basis to any new E MISSION U NIT requiring some reasonable time for initial testing, or to any E XISTING S OURCE which is not in compliance with applicable emission limitations, but which has had a compliance schedule or variance approved by the H EARING B OARD

.

16.3.1 O PERATING P ERMITS may be issued to new E MISSION U NITS upon completion

of C ONSTRUCTION and upon verification that the new E MISSION U NITS conform to the information originally submitted with application for certificate

and the conditions of the certificate.

16.4 Conditions to O PERATING P ERMITS

The C ONTROL O FFICER may issue an O PERATING P ERMIT with conditions, agreed upon in writing by the applicant, that specify emission limits, production rates, control methods, etc. These conditions may also limit the hours or periods of operation.

16.4.1 These conditions are subject to annual review by the C ONTROL O FFICER

. After the review with the permittee, the C ONTROL O FFICER may impose or

M ODIFY conditions to assure continuing compliance with all sections of these Regulations.16. 4.2 Violation of the conditions of the permit shall constitute a violation of this

section.

16.5 The O PERATING P ERMIT conditions for new or M ODIFIED S TATIONARY S OURCE s commencing C ONSTRUCTION after May 1, 1981, shall include a description of

additional C O N TROL M EASURES the O PERATOR will undertake, as necessary, if a nearby monitoring sta tion indicates that an applicable A MBIENT A IR quality

standard or increment has been exceeded.

16.5.1 The C ONTROL M EASURES shall be taken within 24 hours of notification to the

O PERATOR by the C ONTROL O FFICER

.

16.5.2 The C ONTROL O FFICER shall consider the possible effects of emissions from other nearby or influential sources prior to notifying the O PERATOR

.

16.6 No P ERSON s hall willfully deface, alter, forge, counterfeit, or falsify a permit to operate any article, machine, equipment, process or other contrivance.

16.7 An O PERATING P ERMIT for an E MISSION U NIT shall not be transferable by operation of law or otherwise, from one location to another, nor from one piece of equipment or process to another, but it may be transferred from one

P ERSON to another upon payment of the required fee, and approval by the
C ONTROL O FFICER

.

16.8 O PERATING P ERMITS for an E MISSION U NIT are subject to revocation or suspension for violation of these Regulations. Upon a determination by the
C ONTROL O FFICER that a permittee is in violation of these Regulations, the
C ONTROL O FFICER may serve upon the permittee, through personal service or

b y certified mail, a Notice of Suspension or Revocation of O PERATING P ERMIT , setting forth in detail the violations charged. Such suspension or revocation shall become final and effective ten (10) days after service of the written notice, and the O PERATING P ERMIT thereupon surrendered to the C ONTROL O FFICER , unless the permittee files with the Air Pollution Control H EARING B OARD , in writing, within ten (10) days after service of the Notice of Suspension or Revocation, an appeal from such action of the C ONTR OL O FFICER . The filing of such appeal shall stay the suspension or revocation of the permit pending a decision thereon by the Air Pollution Control H EARING B OARD . The Air Pollution Control H EARING B OARD shall meet to decide the appeal no later than thirt y (30) days after the filing of the permittee's appeal, and after public hearing on said appeal, affording the permittee and the
C ONTROL O FFICER full opportunity to present evidence, and testimony may affirm, M ODIFY or set aside the action taken by the C ONTROL O FFICER . For this purpose, public notice of less than thirty (30) days may be given of such appeal hearing.16.9 If the O PERATING P ERMIT is canceled, suspended, or revoked, any fee paid

shall be forfeit.

History: Amended: September 3, 1981; A pril 23, 1987; January 25, 1990; February 20, 2001; June 3, 2003; July 1,

2004. Repealed: July 1, 2010

## CHAPTER 6 : CLARK COUNTY AQRs**Department of Air Quality and Environmental Management 500 Grand Central Parkway, 1**  **st Floor**  **Las Vegas, Nevada 89155**



# CLARK COUNTY

AIR QUALITY REGULATIONS

Effective July 1, 2010CC Air Quality Regulations i WHEREAS, it is recognized that there has been a growth in the amount of complexity of air pollution in Clark County, Nevada, brought ab out by, and incident to, the population growth of a nd industrial development in the said County, which conditions are likely to be aggravated and co mpounded by ad ditional population gr owth and industrial development in the future, all re sulting in seriou s potential danger to the public health and

welfare of the residents of said County, and substantial injury to or interference with the reasonable use and enjoyment of property and th e conduct of busine ss therein, as well as injury to agricultural crop s and livestock, and hazards to air and ground transportation;

and

WHEREAS, it is the responsibility of th e Clark County Board of County Commissioners to promot e and protect the health and welf are of the inhabitants of this County, which necessitates the c ontrol and regulation of activi ties affecting the quality of the air therein; and

WHEREAS, it is the public po licy of Clark County an d the purpose of these Regulations to achieve and main tain levels of air quality wh ich will protect human health and safety, prevent injury to plant and ani mal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of Clark County; and

WHEREAS, it is the intent of these Regulations to:

(a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout Clark County;

(b) Maintain cooperative programs;

(c) Facilitate cooperati on across jurisdictional lines in dealing with problems of air pollution not confin ed within a single jurisdiction; and

WHEREAS, the quality of air is dec lared to be affect ed with the public interest and these Regulations are enacted in the exercise of the police power of this county and the municipal entities comprising Cl ark County to protect the health, peace, safety and general welfare of its people as required by State law; and

WHEREAS, Clark County Board of County Commissioners has initiated and conducted an air pollution cont rol program, including a comprehensive air monitoring program for the purpose of determining air quality stan dards and source emission standards; and

WHEREAS, the need for control of air contam inants, and the emi ssion thereof at their source, was first determin ed by an air pollution survey of Clark Co unty conducted in 1962 and 1963, the findings of which surv ey and the problems id entified therein having been confirmed by subsequent measurements an d experience gained in the conduct of an air pollution control program established pursuant to authority vested in the Clark County Department of Air Quality an d Environmental Management; andCC Air Quality Regulations ii WHEREAS, the Clark County Board of Count y Commissioners has taken into

consideration all of the fact s and circumstances bearing up on the reasonableness of the

emission of air contaminants in t he area including bu t not limited to:

(a) The character and degree of injury to or interference with health and property or the re asonable use and enjoyment of property or conduct of business;

(b) The social and economic value of the source of air contaminants;

(c) The technical practicability and economic reasonableness of reducing or eliminating the emission of air contaminants from such

source;

(d) The location involv ed, the density of population, the atmospheric condition, and the relationship of the emissions to the general air pollution conditio n of the area;

(e) The cost and effect iveness of control equipment available; and

(f) Efforts previously made and the equipment previously installed to control or decrease such emissions; and

WHEREAS, recent developments in State and Federal law, as well as developing air pollution control technolog y, and the need for more prec ise and equitable standards and procedures, require th e updating and amendment of the current Air Quality Regulations of the Clark County Board of County Commissioners;

NOW, THEREFORE, the Clark County Board of County Commi ssioners, in accordance with the authority vested in it by Chapter 445 of Nevada Revised Statutes, does hereby adopt, promulgate and order co mpliance therewith within Clark County, Nevada, the following amended Regulations, to be known as "Air Quality Regulations."Effective 07-01-10 CC Air Quality Regulations i 

### Section TABLE OF CONTENTS Pages

0 Definitions 1 – 21

2 Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in th e State Implementation Plan 1 – 6

4 Control Officer 1 – 4

5 Interference with Control Officer 1 – 1

6 Injunctive Relief 1 – 1

7 Hearing Board and Hearing Officer 1 – 7

8 Persons Liable for Penalties – Punishment: Defense 1 – 1

9 Civil Penalties 1 – 2

10 Compliance Schedules 1 – 1

11 Ambient Air Quality Standards 1 – 2

12 Preconstruction Review for New or Modified Stationary Sources Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

12.0 Applicability, General Requirem ents and Transition Procedures 1 – 3

12.1 Permit Requirements For Minor Sources 1 - 25

12.2 Permit Requirements For Major Sources In Attainment Areas (Prevention Of Significant Deterioration) 1 – 64

12.3 Permit Requirements For Major Sources In

Nonattainment Areas 1 – 44

12.4 Authority To Construct Application And Permit Requirements For Part 70 Sources 1 – 13

12.5 Part 70 Operating Permit Requirements 1 – 38

12.6 Confidentiality 1 – 2

12.7 Emission Reduction Credits 1 – 11

12.9 Annual Emissions Inventory Requirement 1 – 2

12.10 Continuous Monitoring Requirem ents for Stationary Sources 1 – 8

12-11 General Permits for Minor Stationary Sources 1 – 6Effective 07-01-10 CC Air Quality Regulations ii 

### Section TABLE OF CONTENTS Pages

12.12 Transfer of Permit 1 - 2

12.13 Posting of Permit 1

13 National Emission Standards for Hazardous Air Pollutants 1 – 11

14 New Source Performance Standards 1 – 8

16 Operating Permits Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

18 Permit and Technical Service Fees 1 – 13

19 Part 70 Operating Permits

Attachment A Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

20 Emission Standards for Hazardous Air Pollutants for Source Categories Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

21 Acid Rain Permits 1 –2

22 Acid Rain Continuous Emission Monitoring 1 –2

24 Sampling and Testing – Records and Reports Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

25 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup,
and Shutdown 1 – 4

26 Emission of Visible Air Contaminants 1 - 1

27 Particulate Matter from Process Weight Rate 1 – 2

28 Fuel Burn ing Equipment 1 – 2

29 Sulfur Contents of Fuel Oil 1 – 1

30 Incinerators 1 – 3

32 Reduction of Animal Matter 1 – 1

33 Chlorine in Chemical Processes 1 – 4

34 Performance Standards for Metallic and/or Nonmetallic Mineral Mining and Processing Repealed by the Board of County Commissioners,
Effective 07/01/10 n/aEffective 07-01-10 CC Air Quality Regulations iii 

### Section TABLE OF CONTENTS Pages

35 Diesel Engine Powered Electrical Generating Equipment 1 – 2

40 Prohibitions of Nuisance Conditions 1 – 1

41 Fugitive Dust 1 –3

42 Open Burning 1 – 2

43 Odors in the Ambient Air 1 – 1

44 Prohibitions on Planting, Selling, or Offering to Sell Fruitless Mulberry and European Olive Trees 1 – 2

45 Idling of Diesel Powered Motor Vehicles 1 – 1

49 Compliance Requirements for Boilers and Steam Generators 1 – 4

50 Storage of Petroleum Products 1 – 2

51 Petroleum Product Loading into Tanks, Trucks And Trailers 1 –2

52 Gasoline Dispensing Facilities
Table of Contents 1 – 21

i – ii

53 Oxygenated Gasoline Program 1 – 3

54 Cleaner Burning Gasoline (CBG): Wintertime Program Suspended by the Board of County Commissioners,
Effective 09/29/09 n/a

55 Preconstruction Review for New or Modified Stationary Sources in the
8-Hour Ozone Nonattainment Area Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

58 Emission Reduction Credits Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

59 Em is sion Offsets Repealed by the Board of County Commissioners,
Effective 07/01/10 n/a

60 Evaporation and Leakage 1 – 3

70 Emergency Procedures 1 – 2

80 Circumvention 1 – 1Effective 07-01-10 CC Air Quality Regulations iv 81 Provisions of Regulations Severable 1 – 1

90 Fugitive Dust From Open Areas and Vacant Lots 1 – 9

91 Fugitive Dust From Unpaved Roads, Unpaved Alleys, and Unpaved Easement Roads 1 – 9

92 Fugitive Dust From Unpaved Pa rking Lots; Material Handling and Storage Yards; and Vehicle and Equipment Storage Yards 1 – 8

93 Fugitive Dust From Paved Roads and Street Sweeping Equipment 1 – 10

94 Permitting and Dust Control for Construction Activities 1 – 19

### SECTION 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, California, 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 odo r, 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 consumpt io n by airplanes.

"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 visibility 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 Nonatta inment Area, moderate 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, TV, 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 with in 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, structure, 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 common 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 t he Standard
Industrial 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, chemica l 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.

"C ombustible Refuse" 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 activities: 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 oi l, 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, chi mney, 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 te rminal, 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.

“H azardous 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

.

"Me thyl 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 othe r 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 exclusive ly 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 p ercent (50%) by weight any of the following minerals :

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

(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 ot her 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 a nd/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, 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 or 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

c ommercial lots that are immediately adjacent and owned and/or operated by the same individual 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 Ope rating 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 12.2.2.1(ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2;

(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 source is not a Part 70 Source solely because it is subject to regulations or requirements under Section 112(r) of the Act;

(d) Soli d 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 s ource with an affected unit, as defined in 40 CFR Part 72, that is subject to the requirements of the Title IV Acid Rain Program under 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.

" Particulate 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 asph alt).

“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 e state, political subdivision, administrative agency, public or quasi

- public corporation, or other legal entity.

“PM 2.5 ” means particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal two and one hal f (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 emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the ty pe 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 private

.

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

or determined

.“ Reaso nably Available Control Technology (RACT)” means the lowest emissions limitation that a particular source is capable of meeting by the application 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 Performance 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 finding s and determinations in EPA's RACT/BACT/LAER Clearinghouse. The determination of cost effectiveness may consider the analysis

contained in the 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.

"Regul ated 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

th e 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 12.2.1.

" 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 modification, 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 emissions. Secondary emissions include emissions from any offsite suppo rt 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 emissions 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 process 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

solvent

.

"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 local 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

r equirement 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 other 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 red uctions.

" 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 t he 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" mea ns any area of 5,000 squ are 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 reactiv ity:(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

- pentaf luoropropane (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

- 236f a); (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 - hexafluoropropane (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) Methy l 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 u nsaturations; (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, 200 1; December 4, 2001; June 3, 2003 ; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010.Amended 12/20/05 2-1 CC Air Quality Regulations 

### 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 2-2 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 2-3 CC Air Quality Regulations 2.2.3 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 2-4 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 2-5 CC Air Quality Regulations 2.3.3 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 ofAmended 12/20/05 2-6 CC Air Quality Regulations changes 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.

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### `

CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 4 - CONTROL OFFICER

4.1 The administrative enfor cement of the Regulations shall be performed by the
C ONTROL O FFICER

.

4.2 The C ONTROL O FFICER , or his designated agent, shall carry out the policies of the Clark County Board of County Commissioners, and each of the C ONTROL O FFICER 's acts shall be subject to revi ew by the Clark County Board of County Commissioners.

4.3 The C ONTROL O FFICER , or his representative, may enter into and inspect any property, premises or plac e on or at which an air contaminant source is located or is being constructed, inst alled or established at any reasonable time for the purpose of ascertaining the state of compliance with these Regulations.

4.3.1 No person shall:

4.3.2 Refuse entry or access to any aut horized representative of the Clark County Board of County Commissioners who requests entry for purposes of inspection, as provided in this se ction, and who presents appropriate

credentials.

4.3.3 Obstruct, hamper or inte rfere with any such inspection.

4.3.4 If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.

4.4 The C ONTROL O FFICER at any time may require from any person such information or analyses as will disclose the nature, extent, quantity or degree

of air contaminants which are or ma y be discharged by such source, and type or nature of control equipment in use, and may require that such disclosures be certified by a professional engineer registered in the State. In addition to such report, the C ONTROL O FFICER may designate an authorized agent to make an independent study and r eport as to the nature, extent, quantity or degree of any ai r contaminants which are or may be discharged from source. An authorized agent so designated is authorized to inspect anyAmended 07/01/04 4-2 CC Air Quality Regulations article, machine, equipment, or other contrivance necessary to make the inspection and report.

4.5 The C ONTROL O FFICER may require any person responsible for E MISSION of

air contaminants to make or hav e made tests to determine the E MISSION of air contaminants from any source, whenever the C ONTROL O FFICER has

reason to believe that an E MISSION in excess of that allowed by the Air Quality Regulations is occurring. The C ONTROL O FFICER may specify testing

methods to be used in accordance wit h good professional practice. The
C ONTROL O FFICER may observe the testing. A ll tests shall be conducted by reputable, qualified personnel. The C ONTROL O FFICER shall be given a copy of the test results in writing and si gned by the person responsible for the

tests.

4.6 The C ONTROL O FFICER may conduct tests of E MISSION s of air contaminants from any source. Upon request of the C ONTROL O FFICER , the person responsible for the source to be test ed shall provide necessary holes in

stacks or ducts and such other sa fe and proper sampling and testing facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of the EMISSION of air contaminants.

4.7 Whenever the C ONTROL O FFICER believes that a statut e or regulation for the prevention, abatement or control of A IR P OLLUTION has been violated, he

shall cause written notice to be served in person or by certified mail upon the

P ERSON or P ERSONS responsible for the alleged violation.

4.7.1 The notice shall specify:

4.7.1.1 The statute or regul ation alleged to be violated.

4.7.1.2 The facts alleged to constitute the violation.

4.7.2 The notice may include an order to take corrective action within a reasonable time, which shall be specified.

4.7.2.1 A Corrective Action Order issued pursuant to Subsection 4.7.2 becomes final unless appealed to the Air Pollution Control H EARING B OARD , in writing, within ten (10) days after it is mailed to the person ordered to take corrective action.

4.7.2.2 A Corrective Action Order appeal ed to the Air Pollution Control H EARING B OARD is temporarily stayed pending disposition of the appeal by the Air Pollution
Control H EARING B OARD

.

4.7.2.3 A Corrective Action Order appeal ed to the Air Pollution Control H EARING B OARD becomes final immediately upon its affi rmance by the Air Pollution Control

H EARING B OARD

.Amended 07/01/04 4-3 CC Air Quality Regulations 4.7.2.4 Failure to comply with the terms of a final Corrective Action Or der is a violation of these Regulations.

4.7.3 With or without the issuance of an or der pursuant to Subsec tion 4.7.2, or if corrective action is not taken within the time specified:

4.7.3.1 The C ONTROL O FFICER may notify the person or persons responsible for the alleged violation to appear before t he Air Pollution Control H EARING B OARD at a specified time and place; or

4.7.3.2 The C ONTROL O FFICER may initiate proceedings befor e the Hearing Officer for the levying of the appropriate penalty and/or Order to Show Cause.

4.7.4 Nothing in this Section prev ents the Clark Count y Board of County
Commissioners or the C ONTROL O FFICER from making efforts to obtain voluntary compliance through warning, conference or other appropriate

means.

4.7.5 The C ONTROL O FFICER may seek criminal fines not to exceed $10,000 per day per violation against any P ERSON who knowingly violates any applicable permit requirement; any permit condition; or any fee or filing requirement.

4.7.6 The C ONTROL O FFICER may seek criminal fines not to exceed $10,000 per day per violation against any P ERSON who knowingly makes false material statement, representation or certification in any form, in any notice or report required by a permit, or who knowi ngly renders inaccurate any required monitoring device or method.

4.8 Upon a finding by the Air Pollution Control H EARING B OARD that a P ERSON has not complied with the terms of an order, or upon the levying of a penalty by the Hearing Officer and/or Air Pollution Control H EARING B OARD , the
C ONTROL O FFICER , in the name of the Clark County Board of County Commissioners, may initiate action in t he District Court or other court of competent jurisdiction for injunctive relie f, to collect the penalty levied, or for other appropriate remedy.

4.9 It is a condition of the issuance of an O PERATING P ERMIT or any registration required by these Regulati ons that the registrant or holder agrees to permit inspection of the premises to which t he permit or registration relates by the
C ONTROL O FFICER at any time during the regi strant's or holder's hours of operation without prior notice. This condition shall be stated on each registration or application form, and O PERATING P ERMIT

.

4.10 If a source of air contaminant exists or is constructed without registration or is operated without an O PERATING P ERMIT , the C ONTROL O FFICER may inspect itAmended 07/01/04 4-4 CC Air Quality Regulations at any reasonable time, and may enter any premises to search for such a source If entry is refused, or pr ior to attempting to enter, the C ONTROL O FFICER may apply to any magistrate for a search warrant.

4.11 The C ONTROL O FFICER shall maintain all procedural forms and instructions pertaining to procedures set forth in these Regulations, and shall make such forms and instructions available upon request of any interested party.

4.12 Public Notification

4.12.1 The C ONTROL O FFICER shall notify the public on a regular basis of instances or areas in which any A MBIENT A IR quality standard was exceeded during any portion of the preceding calendar year.

4.12.2 The C ONTROL O FFICER shall advise the public of the health hazards

associated with such an exceedance of an A MBIENT A IR quality standard.

4.12.3 The C ONTROL O FFICER shall increase the public awareness of

(1) Measures which can be taken to prevent an A MBIENT A IR quality standard from being exceeded; and

(2) Ways in which the public can parti cipate in regulatory and other efforts to improve air quality.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 5 - INTERFERENCE WITH CONTROL OFFICER

5.1 It is unlawful for any person:

5.1.1 To hinder, obstruct, delay, resist, inte rfere with, or attempt to interfere with,
the C ONTROL O FFICER , or any individual to w hom authority has been duly delegated for the performance of any duty by these Regulations.

5.1.2 To refuse to permit the C ONTROL O FFICER or any individual to whom such authority has been delegated, to administe r or perform any function provided for herein, by refusing him at any r easonable time entrance to property or premises, except a private residenc e, containing equipment or open fire, discharging, or suspected and believed to be discharging, smoke, dust, gas, vapor, or odor into the open air.

5.1.3 To fail to disclose information when requested under oath or otherwise, to
the C ONTROL O FFICER or any individual to whom such authority has been delegated.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 6 - INJUNCTIVE RELIEF

6.1 In addition to any remedy of law hereunder, the C ONTROL O FFICER may apply to a court of competent jurisdiction for ot her equitable and injunctive relief to enforce compliance with, or to restrain violations of any provision of these Regulations, or of any regulation or rule made and adopted pursuant thereto.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 7 – AIR POLLUTION CONTROL HEARING BOARD AND HEARING
OFFICER

7.1 The Air Pollution Control H EARING B OARD shall select a Chairman and ViceChairman and such other officers as it deems necessary and, subject to the approval of the Clark County Board of County Commissioners, may adopt a manual of procedures to govern its operation.

7.2 Members of the Air Pollution Control H EARING B OARD shall serve the following terms: Three shall be appointed for a term of one year, three shall be appointed for a term of two year s and one shall be appointed for a term of three years. Each succeeding term shall be for a period of three years.

7.3 The H EARING O FFICER (s) shall act, independent of eac h other in regards to

decisions. H EARING O FFICER (s) shall be selected by the Clark County Board of County Commissioners, from qualified applicants to the Department of Air Quality and Environmental Management. The H EARING O FFICER (s) will be an independent contractor who serves at the pleasure of the Clark County Board of County Commissioners. T he Clark County Board of County
Commissioners shall review and set su ch fees as are paid to the H EARING O FFICER and shall be in accord with t he fee schedule(s) annually approved by the Clark County Board of County Commissioners.

7.4 Alleged Violations:

7.4.1 Alleged Violations without Corrective Action:

7.4.1.1 The C ONTROL O FFICER may notify person or persons responsible for an alleged violation to appear before the H EARING O FFICER

.

7.4.1.2 If a hearing upon an alleged violation is held and if the Hearing Officer finds that a

violation has occurred:

7.4.1.2.1 The H EARING O FFICER may levy such penalty that he deems appropriate to the violation, in accordance with Section 9 of these Regulations.Amended 07/01/04 7-2 CC Air Quality Regulations 7.4.1.2.2 If the H EARING O FFICER determines that emissions in excess of any limits, contained in the Regulations, were the result of a malfunction, then he shall dismiss the Notice of Violation, exc ept as otherwise provided herein. In determining whether or not a malfunction occurred, the H EARING O FFICER may use the guidelines of Subsection 25.1.1.

7.4.2 Alleged Violations with Corrective Action:

7.4.2.1 If an alleged violator does not agree with a Corrective Action Order issued by the
C ONTROL O FFICER

, he may appeal to the Air Pollution Control H EARING
B OARD

.

7.4 .2.2 The Air Pollution Control H EARING B OARD may affirm, modify, or rescind a Corrective Action Order previously issued by the C ONTROL O FFICER ; and

7.4.2.2.1 The Air Pollution Control H EARING B OARD may issue an order for abatement, control or other appropriate corrective action.

7.5 Request for Variance

7.5.1 The owner or operator of a source of Air C ontaminant or a person who

desires to establish such a source may apply to the Air Pollution Control

H EARING B OARD for a variance. There sha ll be a $140.00 fee for filing any request for a variance. The Air Pollution Control H EARING B OARD may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:

7.5.1.1 The emissions occurring or pr oposed do not endanger or tend to endanger human health or safety; and

7.5.1.2 Compliance with the Regulations w ould produce serious hardship without equal or greater benefits to the public.

7.5.2 Variance Applicants shall truthfu lly disclose all information required to process the variance application. Information determined to be false or misrepresented shall void the varianc e application and the application fee

shall be forfeit.

7.5.2.1 Variances granted based on false or misrepresented application information shall be nullified by the Air Pollution Control H EARING B OARD and may result in enforcement action. All fees paid for the variance shall be forfeit.

7.5.3 A variance shall not be granted unless the Air Pollution Control H EARING
B OARD has considered the relative interest s of first, the public; second, other owners of property likely to be affected by the E MISSIONS ; and last, the applicant.Amended 07/01/04 7-3 CC Air Quality Regulations 7.5.4 The Air Pollution Control H EARING B OARD may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.

7.5.5 No S TATIONARY S OURCE shall be granted a varianc e from any applicable requirement, as defined in Section 0, or any requirement in Section 19.

7.6 Renewals of Variance

7.6.1 A variance may be renewed only under circumstances and upon conditions which would justify its original granting.

7.6.2 Application for any renewal must be made at least sixty (60) days prior to expiration of the variance to be r enewed, and the Air Pollution Control

H EARING B OARD shall give public notice of the application.

7.6.3 If a protest is filed with the Air Pollution Control H EARING B OARD against the renewal, the Air Pollution Control H EARING B OARD shall hold a public hearing

and shall not renew the variance unless it makes specific, written findings, of fact which justify the renewal.

7.7 Duration of Variance

7.7.1 If the variance is granted for any r eason, it shall be granted for one year or

less.

7.8 No applicant is entitled to the granting or renewal of a variance as a right

.

7.9 Advice

7.9.1 Any interested person may file a petition with the Air Pollution Control

H EARING B OARD for a declaratory order or advisory opinion as to the applicability of these Regulations or of actions by the Clark County Board of County Commissioners, or the C ONTROL O FFICER

.

7.10 Appeals

7.10.1 Any person aggrieved by:

7.10.1.1 The issuance, denial, renewal , suspension or revocation of an O PERATING
P ERMIT ; or

7.10.1.2 The issuance, modification or rescission of any other order by the C ONTROL O FFICER may appeal to the Air Pollution Control H EARING B OARD

.Amended 07/01/04 7-4 CC Air Quality Regulations 7.10.2 The Air Pollution Control H EARING B OARD shall decide the appeal, and may order the affirmance, modification or reversal of any action taken by the
C ONTROL O FFICER which is the subject of the appeal.

7.10.3 The Air Pollution Control H EARING B OARD shall decide the appeal, and may order the affirmance, modification or reversal of any action taken by the

H EARING O FFICER which is the subject of the appeal.

7.10.4 The Air Pollution Control H EARING B OARD shall provide by rule for the time and manner in which appeals are to be ta ken to the Air Pollution Control

H EARING B OARD . Appeals from any order issued pursuant to Subsection

4.7.2 shall be made in writi ng within ten (10) days of re ceipt by the violator of the order or from receipt by the viol ator of the writt en decision of the H EARING O FFICER , whichever is later.

7.11 Judicial Review

7.11.1 Any person aggrieved by an order or decision of the Air Pollution Control

H EARING B OARD may seek judicial review in accordance with law.

7.11.2 Judicial review procedures for permits issued pursuant to Section 19.

7.11.2.1 Any person aggrieved by the fo llowing may seek judicial review:

(a) Failure of the C ONTROL O FFICER to take final action within the time specified in Section 19:

(1) Permit Issuance

(2) Permit Renewal

(3) Permit Revision

(b) Failure of the C ONTROL O FFICER to take final action on an application requesting minor permit modification wit hin ninety (90) days of receipt of such application.

(c) Failure of the C ONTROL O FFICER to reopen a permit under Subsection 19.5.6.1(e).

7.11.2.2 Subsection 7.11 shall be the exclusiv e means for obtaining judicial review of the permit terms and conditions

7.11.2.3 Petitions requesting judicial review shall be filed no later than thirty (30) days
after the final decision of the Air Pollution Control H EARING B OARD asAmended 07/01/04 7-5 CC Air Quality Regulations provided in Subsection 7.10.2, or the failure of the C ONTROL O FFICER to act
as set forth in Subsection 7.11.2.1.

7.12 Procedures

7.12.1 The Air Pollution Control H EARING B OARD shall meet withi n twenty (20) days after receipt of a request by the A IR Q UALITY C OMMITTEE , the C ONTROL O FFICER , or on its own initiative.

7.12.2 The Chairman, or in his absenc e the Vice-Chairman of the Air Pollution
Control H EARING B OARD , may issue subpoenas to compel attendance of any person at hearing, and require the pr oduction of books, records, and other documents material to a hearing.

7.12.3 Four members of the Air Pollution Control H EARING B OARD must be present to hold a hearing, and a majority of those present must concur in any

decision.

7.12.4 All testimony must be given under oath and recorded ver batim, by human or electronic means. Upon request, the Chai rman shall provide for a transcript at the expense of the requesting party.

7.12.5 Air Pollution Control H EARING B OARD procedures shall be governed by a manual of procedures adopted by the B oard where not inconsistent with Chapter 233B of NRS.

7.12.6 For the purpose of this Subsecti on an order of the Air Pollution Control

H EARING B OARD shall be final ten (10) days after mailing to or personal service upon all of the aggrieved parties.

7.12.7 An aggrieved party may request a rehearing before the Air Pollution Control

H EARING B OARD within ten (10) days of his receipt of the final order.

7.13 Procedures of the H EARING O FFICER

7.13.1 The H EARING O FFICER (s) shall meet upon the request of the C ONTROL O FFICER or on their own initiative.

7.13.2 The H EARING O FFICER may issue subpoenas to compel attendance of any person at the hearing, and require the production of books, records, and other documents material to a hearing.

7.13.3 The decision of the H EARING O FFICER or the C ONTROL O FFICER shall be final
unless the violator or the C ONTROL O FFICER petitions for appeal of theAmended 07/01/04 7-6 CC Air Quality Regulations decision to the Air Pollution Control H EARING B OARD pursuant to Subsection

7.10.

7.13.4 All testimony shall be given under oath and recorded ver batim, by human or electronic means. Upon request, the H EARING O FFICER shall provide for a transcript at the expense of the requesting party.

7.13.5 H EARING O FFICER shall be governed by a manual of procedures adopted by the Clark County Board of County Commissioners, consistent with the Air
Pollution Control H EARING B OARD procedures and policies and where not inconsistent with Chapter 233B of NRS.

7.13.6 For the purpose of this Subs ection, a written order of the H EARING O FFICER shall be final ten (10) days after mailing to or personal service upon all of the affected parties.

7.13.7 Actions of the H EARING O FFICER will be forwarded as an informational item to
the Air Pollution Control H EARING B OARD

.

7.14 Conflict of Interest

7.14.1 A H EARING O FFICER or a member of t he Air Pollution Control H EARING B OARD may vote upon or consider a matter, if the benefit or detriment accruing to

him as a result of the decision either individually or in a representative capacity as a member of a general business profession, occupation or group, is not greater than that accruing to any other member of the general business, profession, occupation or group.

7.14.2 A H EARING O FFICER or a member of the Air Pollution Control H EARING B OARD shall not vote upon, consider, or advoc ate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

(a) His acceptance of a gift or loan;

(b) His pecuniary interest; or

(c) His commitment in a private capacity to the interest of others.

7.14.3 If a member of t he Air Pollution Control H EARING B OARD declares that he will abstain from voting because of the r equirements of Subsection 7.14.2, the necessary quorum to act upon and the num ber of votes necessary to act upon the matter, is reduced as though t he member abstaining were not a
member of the Air Pollution Control H EARING B OARDAmended 07/01/04 7-7 CC Air Quality Regulations 7.14.4 If a H EARING O FFICER declares that he must abstain from rendering a decision because of the requirements of Subsection 7.14.2, the scheduled hearing will then be forwarded to a second H EARING O FFICER . If there are no qualified individuals, then the H EARING O FFICER (s) who are not disqualified per Subsection 7.14.2, then the Air Pollution Control H EARING B OARD will take action on the item as the reviewing administrative body.

History: Amended: September 3, 1981; July 8, 1985; April 23, 1987; November 18, 1993; May 26, 1994; December 19, 1996; April 24, 1997; December 21, 2000; June 3, 2003; July 1, 2004.Amended 07/01/04 8-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 8 - PERSONS LIABLE FOR PENALTIES - PUNISHMENT:

DEFENSE

8.1 All P ERSONS owning, operating, or in control of any equipment or property who shall cause, permit, or participate in, any violation of these Regulations shall be individually and collectively liable to any penalty or punishment imposed by and under these Regulations.

8.2 It shall be a defense to any prosecu tion instituted against any employee or a

P ERSON owning, operating, or conducting an y business, industry, or operation that the acts complained of were done and performed pursuant to the orders

and directions of such O WNER O R O PERATOR , or his agent or representative, conducting such business, industry or operation.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 9 - CIVIL PENALTIES

9.1 Any person who violates any provisi on of these Regulations, including, but not limited to, any application requirement; any permit condition; any fee or filing requirement; any duty to allow or carry out inspection, entry or monitoring activities or any requirements by the Department of Air Q uality and Environmental Management is guilty of a civil offense and shall pay civil penalty levied by the Air
Pollution Control H EARING B OARD and/or the H EARING O FFICER of not more than $10,000. Each day of violation constitutes a separate offense.

9.2 The following penalties apply to violations of Section 42 (Open Burning)

9.2.1 First Violation $ 200.00

9.2.2 Second Violation $ 400.00

9.3 The following minimum penalties appl y to violations of Section 94 (Permitting and Dust Control for C ONSTRUCTION A CTIVITIES ) (effective date January 1, 2001):

9.3.1 Violation of Section 94.4.5 (Failure to post sign) $ 250.00

9.3.2 Violation of Section 94.4.11 (Fa ilure to have Dust Monitor on Site $ 250.00

9.3.3 Violation of Secti on 94.6.6 or 94.7 (Failure to attend required Dust Control Class) $ 250.00

9.3.4 Any failure to comply as set forth in Section 94.6.7 $ 500.00

9.3.5 Any failure to comply as set forth in Section 94.6.8(a), Section 94.6.8(c), Section 94.6.8(e) or Section 94.6.8(f) $1,000.00

9.3.6 Any failure to comply as set fo rth in Section 94.6.8(b) or Section 94.6.8(d) $2,000.00

9.4 The minimum penalty for any violation of Section 90 (F UGITIVE
D UST From O PEN A REAS A ND V ACANT L OTS ) (effective date JanuaryAmended 07/01/04 9-2 CC Air Quality Regulations 1, 2001) is: $ 500.00

9.5 The minimum penalty for any violation of Section 91 (F UGITIVE
D UST From Unpaved Roads, Unpaved Alleys and Unpaved

E ASEMENT Roads) is: $ 500.00

9.6 The minimum penalty for any violation of Section 92 (F UGITIVE
D UST From U NPAVED P ARKING L OTS ) is: $ 500.00

9.7 The minimum penalty for any violation of Section 93 (F UGITIVE
D UST from P AVED Roads and Street Sweeping Equipment) (effective date January 1, 2001) is: $ 500.00

9.8 For a F UGITIVE D UST violation at any commercial site where the current permit for C ONSTRUCTION A CTIVITIES covers 1 acre or more, the minimum penalty shall be not less than: (in effect until December 31, 2000) $2,000.00

9.9 The minimum penalty for a F UGITIVE D UST violation at any
S TATIONARY S OURCE shall be: $2,000.00

9.10 The minimum penalty for a violati on of Section 4.7.2.4 (failure to comply with the terms of a final Corrective Action Order) related to
C ONSTRUCTION A CTIVITIES or at a S TATIONARY S OURCE capable of emitting P ARTICULATE M ATTER shall be: $2,000.00

9.11 The minimum penalty for violation of Section 26 (E MISSION of Visible Air Contaminants), Section 14 (Visible E MISSION Limitation
based on New Source Perform ance Standards), Section 12 (Preconstruction Review for New or Modified S TATIONARY S OURCES ), or E MISSION limitation violations of Section 16 (Operating Permits) shall be: $2,000.00

9.12 Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in Chapter 233B of NRS.

9.13 Nothing contained in Section 9 of t hese Regulations shall be construed as limiting the authority of the Air Pollution Control H EARING B OARD or H EARING O FFICER to take other appropriate remedies as provided in these Regulations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended : September 3, 1981; January 25, 1990; May 28, 1992; November 18, 1993; December 19, 1996; April 24, 1997; June 22, 2000; December 21, 2001; June 3, 2003; July 1, 2004.______________________________________________________________________ Amended 07/01/04 10-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 10 - COMPLIANCE SCHEDULES

10.1 Any existing source not in compliance with E MISSION limitations hereinafter adopted, or which is not operating unde r a compliance schedule approved by

the Air Pollution Control H EARING B OARD , shall submit a compliance schedule

to the C ONTROL O FFICER for review no later than 90 days after adoption of such

E MISSION limitations.

10.2 The Air Pollution Control H EARING B OARD shall hold a public hearing on each compliance schedule within 60 days after submission of such schedule to the

C ONTROL O FFICER

.

10.3 The Air Pollution Control H EARING B OARD may approve, disapprove, alter, or change all or any part of a compliance schedule, or may impose its own schedule upon the source involved.

10.4 Compliance schedules shall contain as a minimum:

10.4.1 A narrative description of how t he source will achieve compliance with such requirements and a schedule of re medial measures, including an enforceable sequence of actions with m ilestones, leading to compliance with

A PPLICABLE R EQUIREMENTS

.

10.4.2 Any such schedule of compliance shall not sanction noncompliance with the

A PPLICABLE R EQUIREMENTS on which it is based.

10.4.3 A schedule for submission of certified progress reports.

10.4.4 Appropriate in crements of progress.

10.4.5 Final date of comp liance with the appropriate E MISSION limitations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: November 18, 1993; Febr uary 20, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 11-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

U 

### SECTION 11 - AMBIENT AIR QUALITY STANDARDS

U

11.1 Definitions:

11.1.1 “Primary standards” means standards that set limits to protect public health, including the health of “sensitiv e” populations such as asthmatics, children, and the elderly.

11.1.2 “Secondary standards” means standards that set limits to protect public welfare, including protection agains t decreased visibility, damage to animals, crops, vegetation, and buildings.

11.1.3 “ **μ** g/m

P 3

P “ means micrograms of all contami nant per cubic meter of air.

11.1.4 “ mg/m

P 3

P “ means milligrams of air contaminant per cubic meter of air.

11.1.5 “ppm” means parts of air contami nant by volume per million parts of air by volume.

11.2 The following concentrations of air contaminants shall not be exceeded at any single point in the ambient air:

National Ambient Air Quality Standards (NAAQS)

Pollutant Standard Standard Value* Standard Type
Carbon Monoxide (CO) 8-Hour Average 9 ppm (10 mg/m

P 3

P ) Primary

1-Hour Average 35 ppm (40 mg/m

P 3

P ) Primary

Nitrogen Dioxide (NO

B 2

B ) Annual Arithmetic Mean 0.053 ppm (100 μg/m

P 3

P ) Primary & Secondary

Ozone (O

B 3

B ) 1-Hour Average 0.12 ppm (235 μg/m

P 3

P ) Primary & Secondary

8-Hour Average 0.08 ppm (157 μg/m

P 3

P ) Primary & Secondary

Lead (Pb) Quarterly Average 1.5 μg/m

P 3

P Primary & Secondary

Particulate Matter (PM

B 10

B ) Annual Arithmetic Mean 50 μg/m

P 3

P Primary & Secondary

24-Hour Average 150 μg/m

P 3

P Primary & Secondary

Particulate Matter (PM

B 2.5

B ) Annual Arithmetic Mean 15 μg/m

P 3

P Primary & Secondary

24-Hour Average 65 μg/m

P 3

P Primary & Secondary

Sulfur Dioxide (SO

B 2

B ) Annual Arithmetic Mean 0.03 ppm (80 μg/m

P 3

P ) Primary

24-Hour Average 0.14 ppm (365 μg/m

P 3

P ) Primary

3-Hour Average 0.50 ppm (1300 μg/m

P 3

P ) Secondary

* Parenthetical value is an approx imate equivalent concentration.Amended 07/01/04 11-2 CC Air Quality Regulations 11.3 Measurement Methods

The methods of measurement for A MBIENT Air Quality Standards described in Subsections 11.2, inclus ive, shall be those prescribed in Title 40 CFR Part 50 Appendix A through N as amended.

11.4 Adoption of these A MBIENT Air Quality Standards shall not be considered in any manner to a llow significant deterioration of existing air quality in any portion of Clark County.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: October 25, 1979; Ap ril 23, 1987; May 27, 1993; February 20, 2001; June 3, 2003; BCC-October 7, 2003, effective October 21, 2003; July 1, 2004.SECTION 12.0: APPLICABILITY, GENERAL REQUIREMENTS AND TRANSITION
PROCEDURES

12.0 Applicability, General Requirements and Transition Procedures

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

12.0.1 Applicability

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

12.0.2 General Requirem ents

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

12.0.3 Transition Procedures

............................................................................. 212.0 Applicability, General Requirements and Transition Procedures

12.0.1 Applicability

The requirements of Section 12 apply as follows:

(a) Section 12 is applicable to any stationary source located in Clark County, Nevada, except for a plant which generates electricity by u sing steam produced by the burning of fossil fuel, which shall be pe rmitted under the jurisdictional requirements of the Nevada Division of Environmental Protection (NDEP).

(b) Section 12.1 is applicable to any stationary source located in Clark County that has a potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.1.1(c ) but has a potential to emit less than necessary for it to be a major stati onary source under Sections 12.2.2.1(ff) or 12.3.2(y), or a major

source under 40 CFR § 70.2. This includes any Part 70 source that is exempt from the requirement to obtain a Part 70 Permit and that has a PTE equal to or greater than the thresholds listed in 12.1.1(c).

(c) Section 12.2 is applicable to any stationary source located in Clark County that has the potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.2.2.1(ff) or makes any change that meets the definition of a major modification in Section 12.2.2.1(dd) and is located in an area designated attainment or unclassified for the specific pollutant emitted.

(d) Section 12.3 is applicable to any stationary source located in Clark County that has a potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.3.2(y) or makes any change that meets the definition of a major modification in Section 12.3.2(x) and is located in an area designated nonattainment for the specific pollutant emitted.

(e) Sections 12.4 and 12.5 are applicable to any stationary source that is required to obtain a Part 70 Operating Permit. Section 12.4 contains the application requirements for any major source subject to the r equirements of Sections 12.2, 12.3 or 12.5.

(f) Section 12.11 is applicable to any stationary source that is not a m ajor stationary source, with a potential to emit that equals or exceeds the thresholds listed in Section 12.1.1(c) and that meets the applic ability requirements specified in Section 12.11.1.

12.0.2 General Requirements

All stationary sources, including any stationary source not required to obtain a Permit to Operate under the se regulations, shall be subject to other appl icable requirements that regulate activities at stationary sources, even though a Permit to Operate is not required. Such applicable requirements include, but are not limited to, opacity standards, nuisance prohibitions, and fugitive dust control.

12.0.3 Transition Procedures

(a) Unless otherwise provided in the permit, the conditions in an Author ity to Construct Permit, Permit to Operate or Part 70 Operating Permit issued by the Control Officer before the effective date of these reg ulations continues in effect until one of the following occurs:

(1) The Authority to Construct Permit, Permit to Operate or Part 70 Operating Permit is terminated.

(2) The Control Officer issues or denies a permit to the source pu rsuant to Section 12. 1, 12.4, 12.5, or 12.11 after the effective date of these regulations.

(b) After the effective date of these regulations, all minor sources shall be subject to Section 12.1 as follows:

(1) A minor source that has submitted an application for a permit authorizing its construction and has not been issued a permit before the effective date of these regulations shall have that a pplication processed pursuant to Section 12.1 as amended on this date, unless its application was deemed complete before

the effective date of these regulations. If the application was deemed complete before the effective date of these regulations, then the application shall be processed pursuant to the requir ements of Section 12 as they existed at that time.

(2) An existing minor source operating u nder a permit issued by the Control Officer prior to the effective date of these regulations must submit an application within five years of this date or earl ier if requested in writing by the Control Officer.

(3) An existing minor source that does not have an initial minor source permit may submit a permit application at any time after the effective date of these regulations, but shall submit a permit application within one hundred eighty (180) days of receipt of

written notice from the Control Officer that an application is r equired.

(4) An existing minor source making a change that is subject to the notice, logging or permit revision provisions under Section 12.1.5, as amended on the effective date of these regulations, shall comply with the provisions of that se ction.(c) After the effective date of these regulations, all Part 70 sources r equired to obtain a Part 70 Operating Permit shall be subject to Se ctions 12.2, 12.3, 12.4, and/or 12.5 in accordance with the provisions

in those sections.

History: Adopted November 3, 2009SECTION 12.1: PERMIT REQUIREMENTS FOR MINOR SOURCES

12.1 Permits for Minor Sources

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

12.1.0 Applicability

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

12.1.1 Definitions

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

12.1.2 Emission Units and Activities Exempt from Permit Requirements

................... 2

12.1.3 Permit Application

........................................................................................... 5

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Ex isting

Minor Sources

................................................................................. 5

12.1.3.2 Timely Application

........................................................................... 5

12.1.3.3 Comple te Application

...................................................................... 6

12.1.3.4 Permit Application Shield

................................................................ 6

12.1.3.5 Duty to Supplement or Correct Application

..................................... 6

12.1.3.6 Application Contents

....................................................................... 7

12.1.4 Permit Content

................................................................................................ 9

12.1.4.1 Terms and Conditions

..................................................................... 9

12.1.4.2 Acknowledgment of Responsibility for Compliance

....................... 15

12.1.5 Permit Application Processing Procedures

................................................... 15

12.1.5.1 Action on Application

..................................................................... 15

12.1.5.2 Permit Processing Deadlines

........................................................ 16

12.1.5.3 Public Participation

........................................................................ 16

12.1.5.4 Permit Transfers

............................................................................ 19

12.1.6 Revisions to an Existing Minor Source Permit

............................................... 19

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and

Standards

...................................................................................................... 2412.1 Permits for Minor Sources

12.1.0 Applicability

Section 12.1 is applicable to any stationary source located in Clark County that has the potential to emit (PTE) a regulated air pollutant equal to or greater than the thresholds listed in Section 12.1.1(c), but less than the m ajor source thresholds listed in 12.2.2.1(ff) or 12.3.2(y). This includes any Part 70 source that is exempt from the requirement to obtain a Part 70 Pe rmit and has a PTE that equals or exceeds the thresholds listed in Section 12.1.1(c) or that takes a Voluntarily Accepted Emission Limit pursuant to

Section 12.1.7.

12.1.1 Definitions

Unless the context requires otherwise, the following terms shall have the meanings set forth below for purposes of Section 12.0, 12.1, 12.4, 12.5, and 12.11. When a term is not defined, it shall have the meaning provided in Section 0, Chapter 9.08 of the Clark County Code, Nevada Revised St atutes (NRS) § 445B, the Federal Clean Air Act, or common usage, in that order of priority.

(a) “Exempt stationary source” means any stationary source with a p otential to emit that is less than the levels listed in paragraph (c) below

or that is listed in Section 12.1.2.

(b) “Existing minor source” means any minor source that has been i ssued an “Authority to Construct” or “Permit to Operate” and that has

not been issued an initial minor source permit but is required to have one, or that is determined by the Control Officer to be an exempt st ationary source prior to the effective date of this rule.

(c) “Minor source” means a stationary source that is not required to o btain an “Authority to C onstruct” pursuant to Section 12.4.3 or a Part 70 Operating Permit and that has a potential to emit equal to or greater than the following levels for any listed pollutant:

Type of Air Pollutant Potential to Emit (tpy)

PM 10 5

CO 25

VOC 5

NO
x 5

SO 2 25

Lead (Pb) 0.3

H 2 S 1(d) “Minor Source Permit” means a single permit that authorizes the construction and operation of a new minor source or the modification and operation of an existing minor source.

(e) "Modification" or "Modify" means a physical change in, or a change in the method of operation, of a minor source that increases the source’s potential to emit any regulated air pollutant.

(f) “New minor source” means any stationary source that has had its application for an initial minor source permit authorizing its constru ction and operation declared complete pursuant to Section 12.1.3.3 a fter [the effective date of this rule].

(g) “Significant” means an increase at a minor source in the potential to emit of any of the following pollutants at a rate that would equal or exceed any of the following:

Type of Air Pollutant Potential to Emit (tpy)_

PM 10 7.5

CO 35

VOC 20

NO
x 20

SO 2 40

Lead (Pb) 0.6

H 2 S 5

Total Reduced Sulfur (including H 2 S) 5

12.1.2 Emission Units and Activities Exempt from Permit Requirements

(a) Construction and operation of any emission units or performance of any of the activities listed in Sections 12.1.2(c) or 12.5.2.5 shall be exempt from the requirement to obtain a permit under Section 12 subject to the following requirements:

(1) The exempt emi ssion units and activities shall be listed in the source’s application and permit;

(2) The exempt emission units and activities shall remain subject to any other applicable requirements; and

(3) The potential to emit of all exempt units and activities shall be

co nsidered in determining if a stationary source is required to obtain a permit pursuant to Sections 12.1, 12.2, 12.3, 12.4, or

12.5.(b) If a stationary source, based on information submitted by its owner or operator, is determined by the Control Officer to be an exempt stati onary source, or is categorically exempt under paragraph (c), the owner or operator may request a letter of exemption confirming that status. The letter shall list all exempt emission units and activities.

(c) The following emission units and ac tivities are exempt from the pe rmitting requirements of Section 12.1:

(1) A laboratory, which means a place or activity, such as a med ical, analytical, or veterinary laboratory, devoted to experimental study or teaching or to the testing and analysis of drugs, chem icals, chemical compounds, or other substances, or to similar a ctivities, provided that these activities are conducted on a laboratory scale and not sold or distributed commercially. Su pport activities necessary to the operation of the laboratory are considered part of the laboratory. Support activities do not i nclude the provision of power to the laboratory from emission units that provide power to multiple projects or that would ot herwise require permitting, such as boilers providing power to a

sourc e or solid waste disposal units (such as incinerators);

(2) Production of hot water for use by on

- site personnel not related to any industrial or production process;

(3) Emissions associated with paved and unpaved roads and par king lots that have public access, as well as activities associated with the repair and maintenance of paved and unpaved roads, including paving or sealing, or both, of parking lots and roa dways. Such activities and emissions are subject to the requir ements of Sections 91 and 92 of these regu lations;

(4) Temporary “padding” machines used on an underground utility project, including the engine that powers them, provided there is no crusher and the project is being performed under the cond itions of a Dust Control Permit issued pursuant to Section 94 ;

(5) Temporary on

- site demolition debris “grinders,” including the engine that powers them, provided the project is being pe rformed under the conditions of a Dust Control Permit issued pursuant to Section 94;

(6) Temporary trenching machines, including the engine that po wers them, provided the project is being perf PERMIT REQU IREMENTS FOR MINOR SOURCES ormed under the conditions of a Dust Control Permit issued pursuant to Section 94;(7) Temporary operations and experimental trials that involve co nstruction, reconstruction, or modification of a source or emission unit and that meet the following criteria:

(A) The construction, reconstruction, or modification will not i ncrease the affected stationary source’s potential to emit in excess of the applicable major source threshold as defined in Section 12.2.2(ff) or 12.3.2(y);

(B) The cumulative potential to emit from the construction, r econstruction, or modification of an emission unit or a st ationary source will not increase the cumulative potential to

emit of the affecte d stationary source by more than fifteen (15) tons of all regulated pollutants for the duration of the operation;

(C) The duration of the temporary operation or experimental trial is less than thirty (30) days of total operating time;

(D) If the construction, reconstruction, or modification activities are part of a soil or water remediation project, and their purpose is to identify parameters necessary to design the project, the activities are exempt from permitting if their d uration is less than twenty

- four (24) hours or, as determined necessary by the Control Officer, a greater period, not to exceed seventy

- two (72) hours, based on the nature of the activities;

(E) If the construction, reconstruction, or modification would otherwise require a permit revision, the owner or operator shall provide the Control Officer written notice of the pr oposed construction, reconstruction, or modification at least seven (7) days before it begins. The notice shall contain the following information:

(i) A description of the purpose of the c onstruction, r econstruction, or modification.

(ii) A description of how the construction, reconstru ction, or modification is experimental or not part of the normal operation or production of the facility or

source;

(iii) The dates the owner or operator anticipates th e construction, reconstruction, or modification will b egin, operations will begin, and operations will cease;(iv) An estimate of the potential emissions increase and the estimated actual emissions increase resulting from the construction or reconstruction; and

(v) The equipment involved in the construction, reco nstruction, or modification.

(F) If the construction, reconstruction, or modification would otherwise require a permit revision, the owner or operator shall provide the Department with written notice of the p r oposed construction, reconstruction, or modification no more than seven (7) days after concluding the temporary operation or experimental trial. The notice shall contain the following information:

(i) The actual start date of the construction, reconstru ction, or modification;

(ii) The duration of the temporary operation or exper imental trial; and

(iii) The actual emissions during the temporary oper ation or experimental trial.

(G) The exemption provided by Section 12.1.2(c)(7) shall not apply to facilities or sources whose normal course of bus iness involves operations that are experimental in nature, part of pilot plants, or characterized by frequent product changes.

12.1.3 Permit Application

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing
Minor Sources

Except as provided in Section 12.1.6, no person shall commence constru ction of, operate, or make a modification to a minor source except in co mpliance with a minor source permit that authorizes such construction, operation, or modification.

12.1.3.2 Timely Application

(a) An existing minor source that does not have an initial minor source permit issued pursuant to Section 12.1 prior to the effective date of this regulation may submit a permit application at any time after the effective date of this section, but shall submit a permit application within one hundred eighty (180) days of receipt of written notice from the Control Officer that an application is required.(b) For purposes of permit renewal, a timely application is one that is submitted to the Control Officer at least one hundred twenty (120) days, but no more than two hundred seventy (270) days, before the date of permit expiration.

12.1.3.3 Complete Application

To be deemed complete, an application must contain all information r equired under Section 12.1.3.6. It must also be accomp anied by payment of the applicable fee(s) established in Section 18. Unless the Control Officer determines that an application is not complete within sixty (60) days of r eceipt, the application shall be deemed complete. If, while processing an a pplication that has been deemed complete, the Control Officer determines that additional information is necessary to evaluate or take final action on the application, he or she may request such information in writing and set a

reasonable deadline for its submission. Failure to provide the additional i nformation by the deadline could result in denial of the application.

12.1.3.4 Permit Application Shield

If an existing minor source submits a timely and complete application for continued operation under an initial minor source permit or renewal of a m inor source permit, the source’s failure to have the permit or renewal is not a violation of these regulations until the Control Officer takes final action on the application. This application shield shall cease to apply if, after a co mpleteness determination, the applicant fails to submit any additional info rmation identified as needed to process the application by a deadline the Control Officer has specified in writing.

12.1.3.5 Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts or submits incorrect i nformation in a permit application shall, upon becoming aware of such failure or incorrect submission, submit such supplementary facts or corrected i nformation promptly. An applicant shall also provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant files a complete application, but before release of a draft permit.12.1.3.6 Application Contents

(a) A permit application for (1) a new minor source, (2) an existing minor source that has not been issued an initial permit, (3) the renewal of an existing minor source permit, (4) a voluntarily accepted emission limitation or standard, (5) a significant permit revision to a minor source permit, or (6) a minor permit revision to a minor source permit shall contain the following information:

(1) Identifying information, including but not limited to company name and address (and plant name and address, if different from the company name), owner or operator’s name and agent, email address, telephone number and name(s) of plant site manager/contact with associated email addresses and tel ephone numbers.

(2) A description of the source’s processes and products using the

North American Industrial Classifica tion System (NAICS);

(3) The following emissions

- related information:

(A) The potential to emit of all regulated air pollutants emitted

from each emission unit.

(B) Identification and description, including but not limited to manufacturer, model, rating and serial number of each emission unit in sufficient detail to establish the applicable requirements;

(C) The following information, to the extent it is needed to d etermine or regulate emissions: fuels, fuel use, raw mat erials, material usage rates, production rates, and operating schedules;

(D) Identification and description of air pollution control equi pment and compliance monitoring devices or activities, i ncluding design specifications;

(E) Any limitations on source operation affecting emissions or on any work practice standards affecting emissions;

(F) Other information required by any applicable requirement;

(G) The calculations on which the information in paragraphs (A) through (F) is based; and

(4) A justification for any exemption sought from any otherwise a pplicable requirement;(5) At t he option of the applicant, a declaration that it wants the e ntire permit, or specifically identified permit conditions or applic able requirements, to be federally enforceable;

(6) A certification signed by the responsible official stating that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, acc urate, and complete. Signature of the certification statement shall subject the applicant to liability under Nevada state laws forbi dding false or misleading statements;

(7) For a new or modified source, a schedule of construction, if a pplicable;

(8) A list of emission limitations and other requirements applicable to the source; and

(9) A list of emission units or activities claimed as exempt under 12.1.2(c).

(b) In addition to the information required by paragraph (a), if the appl ica tion is for a new minor source that will have a potential to emit that is significant for any regulated air pollutant, a demonstration of RACT for the affected pollutant shall be proposed and shall include the m ethodology by which RACT was determined and how compliance with

RACT will be demonstrated.

(c) In addition to the information required by paragraph (a), if the appl ica tion is for a modification to an existing minor source and requires a minor source significant permit revision pursuant to Section 12.1.6(a)(7), the application shall contain the following:

(1) A description and quantification of the increase in the potential to emit resulting from the modification;

(2) A description and quantification of actual emissions of all reg ulated air pollutants before and after the modification;

(3) A proposed RACT for each affected pollutant, the methodology by which RACT was determined and how compliance with RACT is to be demonstrated, including material usage limits, performance testing, or continuous emissions monitoring, if a pplicable; and

(4) A schedule of compliance, if applicable.

(d) In addition to the information required by paragraph (a), if the appl ica tion is for a voluntarily accepted emis sion limitation, the applicantshall demonstrate that the emission limitation to be imposed to avoid an applicable requirement is more stringent than any emission limit ation that would otherwise be applicable to that source, including

those in the Nevada S IP.

(e) An application for a minor permit revision for a minor source shall contain the information necessary to demonstrate that the change qualifies as a minor permit revision pursuant to Section 12.1.6(b).

12.1.4 Permit Content

12.1.4.1 Terms and Conditions

A minor source permit issued by the Control Officer shall include terms and conditions that contain all of the following:

(a) Identification of all applicable requirements;

(b) A physical description of each emission unit or units and operating i nformation consistent with the application information;

(c) Emission limitations for any source or emission unit that ensure:

(1) The ambient air quality standards will be attained or maintained;

(2) The public health will be protected; and

(3) Compliance with the requirements of these AQRs and the Act.

(d) Monitoring, testing, reporting, and recordkeeping requirements that ensure reasonable information is provided to evaluate compliance consistent with permit terms and conditions, the underlying requir ements of these regulations, and the Act. At a minimum, the following shall be contained in each minor source permit:

(1) The permit shall incorporate all applicable monitoring requir ements, including, where applicable, the following:

(A) All emissions monitoring and analysis procedures or test methods required by any applicable requirement;

(B) Where an applicable requirement does not require periodic testing or instrumental or non

- instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring specifications sufficient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit. Such monitoring requirements shall ensure that terms, testmethods, units, averaging periods, and other statistical conventions are consistent with the applicable requir ement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and

(C) As necessary, requirements concerning the use, mainte nance and, where appropriate, installation of monitoring equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where a pplicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place, as listed i n the permit, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions at the time of sampling or

measurement.

(B) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, r eport, or application. Support information includes, but is not limited to, all calibration and maintenance records, all ori ginal strip

- chart recordings for continuous monitoring i nstrumentation, data from the data acquisition system and copies of all reports required by the permit.

(3) With respect to reporting, the permit shall incorporate all appl icable reporting requirements and require the following:

(A) Submittal of reports of any required monitoring at a fr equency determined by the Control Officer. All instances of deviations from permit requirements must be clearl y ident ified in such reports. All required reports must be certified by a responsible official consistent with section 12.1.4.1(m)(3).(B) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined

in t he permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Control Officer shall define "prompt" in the permit in rel ation to the degree and type of deviation likely to occur and the applicable requiremen ts.

(e) A requirement that any revision of an emission limitation, monitoring, testing, reporting, or recordkeeping requirement be made consistent with the permit revision requirements in Section 12.1.6;

(f) Emission limitations and standards, including those operational r equirements and limitations necessary to: (1) ensure compliance with any RACT determination, if one has been required; (2) ensure the source does not require a major source Authority to Construct or Part 70 Operating Permit; (3) ensure compliance with all applicable r equirements at the time of permit issuance; and (4) ensure that any ambient air increment as prescribed by Section 12.2.3 is not e xceeded.

(g) The following conditions shall also apply:

(1) The permit shall specify and reference the origin of and author ity for each term or condition.

(2) If these regulations allow a determination of an alternative emi ssion limit for a source (equivalent to that contained in these re gulations) to be made in the permit issuance, renewal, or significant revision process, and the Control Officer elects to use this limit, any permit containing an alternative emission limit based on such an equivalency determination shall include pr ovisions to ensure that the emissions limit has been demonstra ted to be quantifiable, acco untable, enforceable, and based on replicable procedures.

(3) If emission limitations are to be applicable to startup and shu tdown, they shall be addressed on a case

- by

- case basis in the permit. Such limitations shall be designed to minimize the fr equency of such events and the excess emissions they cause to the extent feasible, taking into consideration available technol ogies, safety, cost, and other applicable requirements. The limit ations shall specify the allowable duration of the startup or shutdown and the maximum total hours allowed for startup and shutdown in a 12 month period.

(h) A permit term not to exceed five (5) years from the date of issuance;(i) A severability clause to ensure the continued validity of permit r equirements in the event of a challenge to any portion of the permit;

(j) A list of exempt activities pursuant to Section 12.1.2(c);

(k) A provision to ensure the source pays fees to the Control Officer consistent with the approved fee schedule in Section 18;

(l) Terms and conditions that allow for changes by the source among reasonably anticipated operating scenarios identified in its applic ation, as approved by the Control Officer. Such terms and conditions shall require the source:

(1) To record in a log at the permitted facility, while making a change from one operating scenario to another, the scenario under which the facility is operating; and

(2) For each such alternative operating scenario, to comply with all applicable requirements and the requirements of this rule.

(m) Compliance testing, monitoring, reporting, an d recordkeeping r equirements sufficient to assure compliance with the terms and cond itions of the permit, including the following:

(1) The Control Officer may require stack testing, monitoring, or r eporting to assure compliance with all applicable requirements

. Any monitoring or testing shall be performed in accordance with Section 12.8 or other methods approved by the Control Officer.

(2) As a condition of the issuance of the permit, that the owner or operator agrees to permit inspection of the premises to which the permit relates, including the location where records must be kept under the conditions of the permit, by any authorized re presentative of the Control Officer at any time during the permi ttee’s hours of operation without prior notice to perform the

foll owing:

(A) Have access to and copy any records that must be kept un der the conditions of the permit;

(B) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(C) Sample or monitor substances or parameters for the pu rpose of assuring compliance with the permit or applicable requirements; and(D) Document alleged violations using devices such as ca meras or video equipment.

(3) Any application form, report, or compliance ce rtification submi tted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other certification required under this se ction, shall state that, based on information and belief formed a fter reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(4) A permit renewal for an existing source shall include a schedule for compliance with any requirement with which the source is

n ot in compliance at the time of permit issuance. This shall i nclude a schedule of remedial measures, including an enforce able sequence of actions (with milestones) leading to compliance with any requirements with which the source was not in co mpliance at the time of permit issuance. This compliance sch edule shall resemble, and be at least as stringent as, that contained in any judicial consent decree or administrative order the source is subject to. Any such schedule shall be suppleme ntal to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(5) The permit shall include any other compliance provisions the Control Officer may require.

(n) If the permit is for a new minor source or a modification to an existing minor source that requires a significant permit revision, the permit shall require that the permittee provide a written notice to the Control Officer no later than thirty (30) days prior to commencing operation

that:

(1) The source as constructed or modified is the same as the source or modification authorized by the permit or revision; or

(2) The source as constructed or modified differs from the source or modification authorized by the permit or revision issued, and the differences are listed and described. A source may be subject to enforcement action as a result of differences between the pe rmitted and constructed source.

(3) If the permit is for a new source or modification to an existing source that requires no additional construction, then the owner or operator shall, as part of the application, provide the notice specified in paragraph (1) or (2) at the time the application is deemed complete. In a situation involving a transfer in owne rship of the air quality permit, the requirements of Section 12.12 shall apply.

(o) A condition stating that it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or r educe the permitted activity in order to maintain compliance with the conditions in a permit issued pursuant to Section 12.1.

(p) A condition stating that the permit may be modified, revoked, re opened and reissued, or terminated for cause by the Control Officer. The filing of a request by the permittee for a permit modification, te rmination, or of a notification of planned changes or anticipated no ncompliance, does not stay any permit condition.

(q) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit may be reopened and revised under any of the fo llowing circumstances:

(1) Additional requirements (including excess emissions requir ements) become applicable to an affected source under the acid rain program. Upon approval by the Control Officer, excess emissions offset plans shall be deemed to be incorporated into the permit.

(2) The Control Officer determines that the permit contains a m aterial mistake or that inaccurate statements were made in esta blishing the emissions standards or other terms or conditions of the permit.

(3) The Control Officer determines that the permit must be revised or revoked to assure compliance with the applicable requir ements.

(4) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of t he permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(r) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation of these regulations and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal a pplication.

(s) The permit does not convey any property rights of any sort, or any exclusive privilege.(t) The permittee shall furnish to the Control Officer, within a reasonable time, any information that the Control Officer may request in writing to determine whether cause exists for modifying, revoking and rei ssuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Control Officer along with a claim of co nfidentiality pursuant to Section 12.6.

(u) Include a condition that any person who has been issued a permit pursuant to this section shall post such permit in compliance with the requirements of Section 12.13

(v) Include a condition that the permit shall not waive, or make less stringent, any limitations or requirements contained in or issued pu rsuant to the Nevada SIP, or that are otherwise federally enforceable.

(w) The Control Officer may impose additional conditions necessary to ensure compliance with any applicable requirement.

12.1.4.2 Acknowledgment of Responsibility for Compliance

The permit shall contain a statement that the permittee’s commencement of operation constitutes an acknowledgment that the permittee assumes the responsibility of ensuring that the source’s emission units and emission co ntrol equipment have been constructed and will be operated in compliance with all applicable requirements.

12.1.5 Permit Application Processing Procedures

12.1.5.1 Action on Application

(a) A new minor source permit, significant permit revision, or permit r enewal may be issued only if all of the following conditions have been

met:

(1) The Control Officer has received a complete application as pr escribed by Section 12.1.3.3,

(2) The Control Officer has complied with the requirements for pu blic part icipation under Section 12.1.5.3 as applicable;

(3) The Control Officer has determined that the conditions of the permit provide for compliance with all applicable requirements;

and(4) The Control Officer has determined that the source or emission

units will no t interfere with attainment and maintenance of the NAAQS, and has imposed emission limitations in accordance with Sections 12.1.4.1(c) and 12.1.4.1(f).

(b) Following the close of the public participation process prescribed by Section 12.1.5.3, the Control Offi cer shall issue or deny the permit or significant permit revision. The Control Officer shall deny a permit or significant permit revision if the applicant fails to demonstrate that the source will be designed, controlled, and operated in a manner that

meet s all applicable requirements.

(c) If the Control Officer denies the permit or significant permit revision, a notice of denial shall be served on the applicant by certified mail. The notice shall detail the grounds for denial and describe the applicant’s right to appeal the denial under Section 7.

(d) If the Control Officer issues the permit or significant permit revision, the new or revised permit shall be provided to the applicant. The permit or revision becomes effective upon issuance unless stayed by the Air Pollution Control Hearing Board.

12.1.5.2 Permit Processing Deadlines

The Control Officer shall either issue or deny the actions listed in the t able below within the following deadlines, commencing after the date on which the application is determined to be complete. These time frames are exclusive of the days required for public participation, as specified in

Section 12.1.5.3.

Action Deadline

(1) Permit for a new minor source 150 days

(2) Initial permit for an existing minor source

issued under Section 12.1 75 days

(3) Permit renewal 75 days

(4) Significant permit revision 120 days

12.1.5.3 Public Participation

(a) Notice of Proposed Action.

(1) After receipt of a complete application for (1) a new minor source with a potential to emit any pollutant that exceeds 50 tpy for CO; 40 tpy for VOCs, SO 2 , or NO X ; 15 tpy for PM 10 ; or 0.6 tpy for lead; (2) a new minor source that will be located within 1,000 feet of the outer boundary of a school, hospital, or res idential area; or (3) a significant permit revision that is required

because of a significant increase in an existing minor source’spotential to emit, the Control Officer shall publish in a newsp aper of general circulation within Clark County, Nevada, and on the Department’s web site, a Notice of Proposed Action on the application con taining the following:

(A) The name and address of the permittee or permit applicant and, if different, of the facility regulated by the permit;

(B) The date the Control Officer received the completed appl ication;

(C) The location where documents relevant to the appli cation, including the application, the proposed permit conditions, and determinations of RACT, if applicable, will be avail able;

(D) The nature of the source involved in the permit action;

(E) The pollutants to be emitted by the source and the pr ojected quantities of those pollutants;

(F) The name, address, and telephone number of the Depar tment representative whom interested persons may contact for instructions on how to obtain additional information, such as a copy of the draft permit, the statement of basis, the application, relevant supporting materials, and other

materials available to the Control Officer that are relevant to the permitting decision;

(G) The location of the administrative record, the times at which the record will be open for public inspection, and a

s tatement that all data submitted by the applicant (except confidential information, in accordance with Section 12.6) are available as part of the administrative record;

(H) The Control Officer’s preliminary determination whether the application for a permit s hould be approved or disa pproved;

(I) An opportunity for any person to submit written comments on the application for a permit and any relevant doc uments; and

(J) An opportunity for any person to request a public hearing, consistent with the requirements of subsection (b) below, at which oral and written comments on the application will be received, or notice of such a hearing if one has been

scheduled.(2) All written comments must be received by the Control Officer within thirty (30) days from the publication date of the Notice of Proposed Action.

(3) The Control Officer shall consider all written and oral comments, and all other documents on the administrative record, before taking final action on the permit.

(4) The Control Officer shall send a copy of the Notice of Propose d Action to the applicant and to officials and agencies having j urisdiction over the location where the proposed construction would occur, including:

(A) The U.S. Environmental Protection Agency (EPA), if r equested, except that the Notice of Proposed Action (NPA) shall be sent to EPA if the subject of the NPA is a volunt ari ly accepted emission limit pursuant to Section 12.1.7 that an applicant requests to avoid having to obtain a Part 70 Operating Permit ; and

(B) Any other person who requests such notice.

(b) During the Notice of Proposed Action public comment period spec ified in paragraph (a)(2), any person may petition the Control Officer in writing for a public hearing. All such petitions shall contain the pet itioner’s name, address, daytime telephone number, email address, and reason for requesting a hearing.

(1) 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, but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all r elevant factors, including, but not limited to, the number of pet itione rs, the nature of their concerns as stated in their petitions, the type and quantity of emissions emitted by the source and the proximity of the source to sensitive areas such as parks, schools, hospitals or residential areas.

(2) The petitioner and the applicant shall receive at least seven (7) days’ prior written notice of the date and location of the public hearing. If the petition for hearing is denied, the Control Officer shall notify the petitioner within 30 days of receipt of the petition.

(c) An existing minor source that has applied for its initial minor source permit pursuant to Section 12.1 shall only be subject to the public participation requirements of Section 12.1.5.3, paragraphs (a) and(b), if the source’s PTE exceeds one or more of the following: 50 tpy for CO; 40 tpy for VOCs, SO 2 , and NO
x ; 15 tpy for PM 10 and 0.6 tpy

for lead.

(d) An existing minor source that has applied for an initial minor source permit pursuant to Section 12.1 and has a PTE below all the air po llu tant thresholds listed in paragraph (c) shall have the proposed permit or permit revision posted on the Department’s website for a period of thirty (30) days, during which any person may submit co mments to the Control Officer on those provisions in the proposed permit that differ from co nditions in the source’s existing permit. The

Control Officer shall consider such comments in determining the final language of the permit.

12.1.5.4 Permit Transfers

A minor source permit issued under Section 12.1 may be transferred from the existing permittee to a new permittee if the applicable permit transfer fee is paid pursuant to Section 18 and all the applicable requirements of Section

12.12 are met.

12.1.6 Revisions to an Existing Minor Source Permit

(a) Significant Permit Revision. The following changes at a minor

s ource require a significant permit revision and are subject to the permit application requirements in Section 12.1.3 and the public pa rticipation requirements in Section 12.1.5.3:

(1) Establishing or revising a voluntarily accepted emission limit ation or standard, as described in Section 12.1.7;

(2) A change in fuel not authorized by the permit, except for a switch from fuel oil or coal to natural gas or propane;

(3) A change that relaxes monitoring, testing, recordkeeping, or r eporting requirements, except when the c hange results from:

(A) Equipment removal that results in a permanent decrease in actual emissions, if the source keeps on

- site records of the change in a log that meets the requirements of paragraph (e) below and if the relaxed requirements in the permit a ppl y solely to the equipment that was removed; or

(B) A change in an applicable requirement.

(4) A change that will cause the source to violate an existing appl icable requirement if the permit was not revised.(5) A change that will require any of the following:

(A) Except f or a RACT determination required by Section 12.1.6.(a)(7), a case

- by

- case determination of an emission limitation or other standard;

(B) A source

- specific determination of ambient impacts, or a visibility or increment analysis; or

(C) A case

- by

- case determination of a monitoring, recordkee ping, and reporting requirement.

(6) Replacement of a piece of air pollution control equipment listed in the permit with one that the permittee cannot demonstrate will have the same or better pollutant removal efficiency. In dete rmini ng the comparative removal efficiency of air pollution control equipment, the Control Officer shall rely upon relevant perfo rmance testing results, vendor performance guarantees, and emissions factors or data that meet the requirements of Section 12.9(c).

(7) A modification that increases the source’s potential to emit a r egulated air pollutant by an amount equal to or exceeding a si gnificant increase. The modification shall apply RACT to each emissions unit to which the increase applies except the follo wing emission increases are exempt:

(A) Emissions of a regulated air pollutant that are subject to an emissions standard promulgated by the Administrator u nder Section 112 of the Act after November 15, 1990; and

(B) Emissions from an emissions unit subject to a general permit issued under Section 12.11 that establishes RACT.

(b) Minor Permit Revision. Making any of the changes listed in par agraphs (2)(A) through (E) at a minor source requires a minor permit

revision.

(1) Within thirty (30) days of the Control Officer’s receipt o f an a pplication for a minor permit revision pursuant to paragraph (2),

the Control Officer shall:

(A) Issue the minor revision as proposed;

(B) Deny the minor revision because:

(i) It does not qualify as a minor permit revision b ecause it is a significant permit revision;(ii) It does not otherwise qualify as a minor permit rev ision under the criteria in paragraph (b) above; or

(iii) There is insufficient information to determine if it qualifies as a minor permit revision.

(C) Amend and issue the revised minor source permit.

(2) The changes below may be implemented seven (7) calendar days after filing a complete application on a form obtained from

the Control Officer. The application shall specify how the change qualifies as a minor permit revision under this section and propose language for the permit revision sought. No change listed in this section shall proceed if the Control Officer objects within the 7 day waiting period.

(A) Increasing operating hours or rates of production above the permitted level, any other physical change or change in method of operation that will result in an increase in the source’s PTE that is less than the significant levels listed in Section 12.1.1(g).

(B) A change in fuel from fuel oil or coal to natural gas or pr opane, if not authorized in the permit;

(C) A change that results in emissions subject to any new or revised monitoring, recordkeeping, or reporting requir ement that is not already in the permit if the revision pr oposes monitoring, recordkeeping, and/or reporting that provides the required quantification; or

(D) Replacement of an item of air pollution control equipment listed in the permit with one that has the same or better e fficiency, but that employs a different technology or su bstantially different design. The application for the minor permit revision must demonstrate the efficiency of the r eplacement air pollution control equipment.

(c) Administrative Permit Revision. The following changes at a minor source require a permit revision, but are considered administrative and occur automatically upon notice to the Control Officer. These changes are not subject to the revision processes in Sections 12.1.6(a) and (b):

(1) Corrects typographical errors;

(2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar m inoradministrative change at the source (except transfers of owne rship, which are subject to the requirements of Section 12.12);

(3) Requires more frequent monitoring or reporting by the permi ttee;

(4) Incorporates newly applicable requirements that become newly applicable because of an amendment to an existing rule or adoption of a new rule;

(5) Incorporates alternative testing or compliance monitoring r equirements that have received the Administrator's approval u nder 40 CFR Part 60, Part 61, or Part 63;

(6) Incorporates newly applicable monitoring or testing requir ements specified in 40 CFR Part 60, Part 61, or Part 63 that a pply because of a change in applicability of those requirements to the source, including removal from the permit of monitoring or testing requirements that no longer apply as a result of the change; or

(7) Incorporates test methods or monitoring requirements specified in an applicable requirement that the source may use as an a lternative to the testing or monitoring requirements in the permit.

(8) An administrative revision to a permit condition adopted pu rsuant to Title IV of the Act shall be governed by regulations promulgated by the Administrator under Title IV.

(d) Changes That Can Be Made With Prior Notice. The following changes at a minor source may be made without a permit revision if the source provides prior written notice of the change on a form sp ecified by the Control Officer by the deadlines specified in the applic able paragraph below. No change listed under this section shall proceed if the Control Officer objects within the applicable waiting p eriod.

(1) Replacing an item of air pollution control equipment listed in the permit with one that is not identical, but is substantially similar and has the same or better pollutant removal efficiency: thirty (30 ) days after the date of receipt of the written notice by the Department. The Control Officer may require a verification of the efficiency of the new equipment by performance tests;

(2) A physical change, or a change in the method of operation, that

increases actual emissions less than ten (10) percent of the a pplicable major source threshold for the air pollutant(s) emitted, but does not increase the source’s potential to emit: seven (7)days after the date of receipt of the written notice by the Control

Offic er.

(3) A change that would trigger an applicable requirement that a lready exists in the permit: thirty (30) days after the date of r eceipt of the written notice by the Control Officer, unless otherwise required by the applicable requirement;

(4) A change that amounts to reconstruction of the source or an i ndividual emission unit, unless the reconstruction triggers a new applicable requirement: seven (7) days after the date of receipt of the written notice by the Control Officer. For purposes of this requirement, reconstruction of a source or an emission unit shall be presumed if the fixed capital cost of the new component(s) exceeds fifty (50) percent of the fixed capital cost of a compar able entirely new source or emission unit; or

(5) A change that will result in the emissions of a new regulated air pollutant above an applicable regulatory threshold, but that does not trigger a new applicable requirement for that source categ ory: thirty (30) days after the date of receipt of the written notice by the Control Officer. For purposes of this requirement, the a pplicable regulatory threshold for a regulated air pollutant shall be ten (10) percent of the applicable major source threshold for that pollutant.

(e) Changes That Can Be Made With On

- Site Logging. The following changes may be made at a minor source if the source maintains an

on

- site record or log of the changes on a form obtained from the

Co n trol Officer:

(1) Implementing an alternative operating scenario provided for in the permit, including raw material changes;

(2) Changing process equipment or operating procedures, or ma king any other physical change, if the permit requires the change to be logged;

(3) Adding any emission unit or activity listed in Section 12.1.2; or

(4) Replacing an item of air pollution control equipment listed in the permit with an identical (i.e., same model, different serial nu mber) item. The Control Officer may require verification of the eff iciency of the new equipment by performance tests.

(f) The Control Officer may revise a permit annually for a minor source

wi thout notice or public input to incorporate changes in notices filedpursuant to paragraphs (c) and (d) above and information contained

in on

- site records or logs maintained pursuant to paragraph (e).

(g) Any modification at a minor source that results in an increase in PTE equal to or greater than the emissions of a major stationary source (as defined in Sections 12.2 and 12.3) is subject to the applicable permit requirements in Section 12.4, as well as those in Sections

12.2 and/or 12.3.

(h) In the event that a change to a minor source may correspond to more than one category of revision or change listed in this section, the ca tegory of revision or change imposing the more stringent requir ements shall apply.

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and
Standards

(a) A source may voluntarily propose in its application, and accept in its permit, emission limitations or other standards that are permanent, quantifiable, enforceable as a practical matter, and more stringent than an otherwise applicable requirement to avoid being subject to a major source New Source Review under Sections 12.2 or 12.3; ha ving to obtain a Part 70 Operating Permit under Section 12.5; beco ming a major Hazardous Air Pollutants (HAPs) source; being subject to RACT; or meeting other applicable requirements. For the purposes of this section, “enforceable as a practical matter” shall mean that the permit meets the following criteria:

(1) The permit conditions are permanent and quantifiable;

(2) The permit includes a legally enforceable obligation to comply;

(3) The limits impose an objective and quantifiable operational or production limit, or require the use of in

- place air pollution co ntrol equipment;

(4) The permit limits have short

- term averaging times consistent with the averaging times of the applicable requirement;

(5) The permit conditions are enforceable and independent of any other applicable limitations; and

(6) The permit conditions for monitoring, recordkeeping, reporting, and testing to determine compliance as specified in Section 12.1.4.1(d).(b) A source that proposes a voluntarily accepted emission limitation or other standard shall comply with the requirements of Section 12.1.3.6(d).

(c) Because the addition of a voluntarily accepted emission limitation or standard requires a significant permit revision, the public participation procedures set forth in Section 12.1.5.3 shall be followed for sources requesting a voluntarily accepted emission limitation or standard.

History: Adopted November 3, 2009SECTION 12:10: CONTINUOUS MONITORING REQUI REMENTS FOR
STATIONARY SOURCES

12.10.1 Monitoring Requirements

The Control Officer may require any source of regulated air pollutants, to monitor, sample or perform other studies to quantify emissions or the levels of air pollution that may be reasonably attributable to such source. In the case of determining compliance with an applicable requirement for which a source is required to obtain a permit under Section 12, monitoring may i nclude continuous emission or continuous opacity monitoring.

12.10.2 Calibration, Operation, and Maintenance of Equipment

(a) Any owner or operator of a stationary source listed in 40 CFR 51, Appendix P, Sections 1.1.1 through 1.1.4 that is not subject to a 40 CFR 60 “New Source Performance Standard” shall install, calibrate, operate, and maintain all monitoring equipment necessary for cont inuously monitoring the pollutants specified in Appendix P, Sections 1.1.1 through 1.1.4, for each applicable source category. These st ationary sources must also meet the basic requirements of 40 CFR 51, Appendix P, Section 2.0 et seq

.

(b) Any owner or operator of a stationary source subject to the requir ements of 40 CFR 75 shall comply with the applicable installation, c alibration, operational, and monitoring requirements as incorporated by reference in Section 22 of the Clark County Air Quality Regul ations (AQRs).

(c) If an emission unit is subject to more than one federal performance standard pertaining to Continuous Emission Monitoring System i nstallation, certification, operation or evaluation, then the permit shall specify which of the federal requirements the owner or operator must comply with, including a reference to the applicable federal statute.

12.10.3 Monit oring Locations

(a) All Continuous Emissions Monitoring Systems or monitoring devices must be installed as specified in the applicable performance specif ications of Appendix B of 40 CFR Part 60 or, if not specified, so that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for loc ation of Continuous Emissions Monitoring Systems are contained in the applicable performance specifications of Appendix B of 40 CFR

Part 60.(b) When the effluents from a single affected facility, or two (2) or more affected facilities subject to the same emission standards, are co mbined before being released to the atmosphere, and compliance with the emission standard is determined by a Continuous Emissions

Monitor ing System, the owner or operator may install applicable Co ntinuous Emissions Monitoring Systems for each effluent or for the combined effluent. When the affected facilities are not subject to the same emission standards, separate Continuous Emissions Moni to ring Systems must be installed for each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install applicable Cont inuous Emissions Monitoring Systems on each separ ate effluent u nless the installation of fewer systems is approved by the Control O fficer.

12.10.4 Verification of Operational Status

(a) Unless otherwise approved by the Control Officer or specified in these AQRs, the requirements of Section 12.10 apply to all Cont inu ous Emissions Monitoring Systems required under applicable pr ovisions of these AQRs.

(b) All Continuous Emissions Monitoring Systems and monitoring devi ces must be installed and operational prior to conducting the applic able performance tests. Verification of operational status must, as a minimum, consist of the following:

(1) For Continuous Emissions Monitoring Systems referred to in p aragraph (a) of Section 12.10.5, completion of the conditioning period specified by applicable requirements in Appendix B of 40

CFR Part 60.

(2) For Continuous Emissions Monitoring Systems, completion of seven (7) days of operation.

(3) For monitoring devices referred to in this section, completion of the manufacturer’s written requirements or recommendations for checking the operation or cal ibration of the device.

12.10.5 Performance Evaluations

(a) During any required performance tests or within thirty (30) days th ereafter, and at such other times as may be required by the Control Officer as necessary to verify compliance, the owner or operator of any affected facility shall conduct continuous evaluations of the pe rformance of monitoring systems and furnish the Control Officer within sixty (60) days thereof a copy of the written report of the results of such tests. If the reporting criteria are specified in a federal requir ement that is applicable to the stationary source, then the owner or operator shall comply with the federal reporting requirements. These evaluations must be conducted in accordance with the specifications and procedures provided in th is section.

(b) Continuous Emissions Monitoring Systems listed in this section must be evaluated in accordance with the requirements and procedures contained in the applicable performance specification of Appendix B

of 40 CFR Part 60:

(1) Opacity of emissions must comply with Performance Specific ation 1;

(2) Nitrogen oxide emissions must comply with Performance Spec ification 2;

(3) Sulfur dioxide emissions must comply with Performance Spec ification 2; and

(4) The oxygen content of carbon dioxide content of effluent gases

mus t comply with Performance Specification 3.

12.10.6 Adjustments

Owners or operators of all Continuous Emissions Monitoring Systems i nstalled in accordance with the provisions of this section shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturer recommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and span must, as a minimum, be adjusted whenever

the 24

- hour zero d rift or 24

- hour calibration drift limits of the applicable pe rformance specifications in Appendix B of 40 CFR 60 are exceeded.

12.10.7 Minimum Procedures

Unless otherwise approved by the Control Officer, the following procedures, as applicable, must be followed:

(a) For extractive Continuous Emissions Monitoring Systems measuring gases, minimum procedures must include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero gases certified by their manufa cturer to be traceable to National Institute of Standards and Technol ogy reference gases must be used whenever these reference gases are available. The span and zero gas mixtures must be the same composition as specified in Appendix B of 40 CFR 60. Every six (6) months after the date of manufacture, span and zero gases must be reanalyzed by conducting triplicate analyses with Reference Methods6 for SO 2 , 7 for NO, and 3 for O 2 and CO 2 , respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

(b) For nonextractive Continuous Emissions Monitoring Systems me asuring gases, minimum procedures include upscale checks using a certified calibration gas cell or test cell which is functionally equiv alent to a known gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by m echanically producing a zero condition.

12.10.8 Measurement of Opacity

(a) For Continuous Emissions Monitoring Systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases must be cleaned before performing the zero or span drift adjustments, e xcept that for systems using automatic zero adjustments, the optical

surfaces must be cleaned when the cumulative automati c zero co mpensation exceeds four (4) percent opacity.

(b) For Continuous Emissions Monitoring Systems measuring opacity of emissions, minimum procedures include a method for producing a simulated zero opacity condition and an upscale (span) opacity co ndition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. These procedures must provide a system check of the analyzer internal optical surfaces and all electronic circuitry, including the lamp and photodetector a ssembly.

12.10.9 Frequency of Operation

Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required by Section 12.10.6, all Continuous Emissions Monitoring Systems must be in continuous operation and meet minimum frequency of operation requirements, as follows:

(a) All Continuous Emissions Monitoring Systems referred to in Section 12.10.5 for measuring opacity of emissions must complete a min imum of one cycle of operation (sampling, analyzing, and data recor di ng) for each successive 10

- second period.

(b) All Continuous Emissions Monitoring Systems referred to in Section 12.10.5 for measuring oxides of nitrogen, sulfur dioxide, carbon di oxide, or oxygen must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15

- minute period.12.10.10 Recordation of Data

(a) Owners or operators of all Continuous Emissions Monitoring Sy stems for the measurement of opacity shall reduce all data to 6

- minute averages, and for systems other tha n opacity, to 1

- hour averages.

(b) For systems other than opacity, 1

- hour averages must be computed from four or more data points equally spaced over each 1

- hour p eriod.

(c) Data recorded during periods of system breakdowns, repairs, calibr ation checks, and zero a nd span adjustments must not be included in the data averages computed under this section. An arithmetic or i ntegrated average of all calibrated data must be used. The data output of all Continuous Emissions Monitoring Systems may be recorded in

reduced or nonreduced form, e.g., ppm pollutant and percent O 2 or lb/million Btu of pollutant.

(d) All excess emissions must be converted into units of the standard u sing the applicable conversion procedures specified in these regul ations. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in those se ctions to specify the applicable standard, e.g., rounded to the nearest one (1) percent opacity.

(e) As used in this section, “calibrated data” means data which is precise and accurate within a stated acceptance criteria for the instrument.

12.10.11 Records; Reports

(a) Any owner or operator subject to the provisions of this section shall maintain records of the occurrence and duration of any startup, shu tdown, or malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment or any periods du ring which a Continuous Emissions Monitoring System or monitoring device is inoperative.

(b) Each owner or operator required to install a Continuo us Emissions Monitoring System shall submit a written report of excess emissions to the Control Officer every six (6) months. All reports must be pos tmarked by the 30th day following the end of each six

- month period and must include the following informati on:

(1) The magnitude of excess emissions computed in accordance with this section, any conversion factors used, and the date and time of commencement and completion of each time period of excess emissions;(2) Specific identification of each period of excess emi ssions that occurs during startups, shutdowns and malfunctions of the a ffected facility;

(3) The nature and cause of any malfunction, if known, and the co rrective action taken or preventative measures adopted;

(4) Specific identification of each period during which the Cont inuous Emissions Monitoring System was inoperative, except for zero and span checks, and the nature of any repairs or adjus tments that were made; and

(5) Specific identification of each period when no excess emissions have occurred and the Continuous Emissions Monitoring Sy stem has not been inoperative, repaired, or adjusted.

(c) In addition to the reporting requirements of this section, an owner or operator shall also comply with the reporting requirements of Section

25.6 for an occurrence of emission s in excess of an applicable r equirement or the emission limits prescribed by the permit.

(d) Any owner or operator subject to the provisions of this section shall maintain a file of all measurements, including:

(1) Continuous Emissions Monitoring Systems, monitoring devices and performance testing measurements;

(2) All Continuous Emissions Monitoring System performance eva luations;

(3) All Continuous Emissions Monitoring Systems or monitoring d evice calibration checks;

(4) Adjustments and maintenance performed on these systems or devices; and

(5) All other information required by this section, recorded in a pe rmanent form suitable for inspection.

The file must be retained for at least five (5) years following the date of the measurements, maintenance, reports and records.

12.10.12 A lternative Monitoring Procedures or Requirements

(a) Upon written application by an owner or operator, the Control Officer may approve alternatives to any monitoring procedures or requir ements of this section, including, but not limited to, the following:(1) Alte rnative monitoring requirements when installation of a Co ntinuous Emissions Monitoring System or monitoring device sp ecified by those sections would not provide accurate measur ements due to liquid water or other interferences caused by substances with the effluent gases, except when the monitoring device requirement is specified in 40 CFR 60, 61, and 63;

(2) Alternative monitoring requirements when the affected facility is infrequently operated;

(3) Alternative monitoring requirements to accommodate Cont inuous Emissions Monitoring Systems that require additional measurements to correct for stack moisture conditions;

(4) Alternative locations for installing Continuous Emissions Mon itoring Systems or monitoring devices when the owner or oper ator can demonstrate that installation at alternate locations will enable accurate and representative measurements;

(5) Alternative methods of converting regulated air pollutant co ncentration measurements to units of the standards;

(6) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells;

(7) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedures specified by any provision of this section;

(8) Alternative Continuous Emissions Monitoring Systems that do not meet the design or performance requirements in Perfo rmance Specification 1, Appendix B of 40 CFR 60, but adequat ely demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a sy stem complying with the requirements in Performance Specific ation 1. The Control Officer may require that such demonstration be performed for each affected facility; or

(9) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent from two or more affected facilities are released to the atmosphere through more than one point.

(b) Notwithstanding the provisions of paragraph (a) of this section, the Control Officer shall not approve an alternative method or equ ivalent method to determine compliance with a standard or emission limit ation contained in 40 CFR 60, 61, or 63 for:(1) An emissions unit that is subject to a testing requirement pu rsuant to 40 CFR 60, 61, or 63; or

(2) An affected source.

History: Adopted Mar ch 16, 2010SECTION 12.11: GENERAL PERMITS FOR MINOR STATIONARY SOURCES

12.11 General Permits for Minor Stationary Sources

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

12.11.1 Applicability

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

12.11.2 General Permit Development

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

12.11.3 Application for Authority to Operate Under a General Permit

.......................... 2

12.11.4 General Permit Issuance or Revision Procedures

........................................... 3

12.11.5 General Permit Renewal

................................................................................. 4

12.11.6 Relationship to Individual Minor Source Permits

............................................. 5

12.11.7 Termination of General Permits and Revocation of Authority to Operate under

a General Permit

............................................................................................. 5

12.11.8 Fees Related to General Permits

.................................................................... 612.11 General Permits for Minor Stationary Sources

12.11.1 Applicability

(a) The Control Officer may issue general permits for a source class that contains ten (10) or more minor sources, as defined in Section 12.1.1(c). For the purpose of Section 12.11, a source class is defined as minor sources that are similar in nature, have substantially similar emissions, and wo uld be subject to the same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping. “Similar in nature” refers to source size, processes, operating conditions, and the nature and quantity of

emissions.

(b) The Control Officer may issue general permits, in accordance with paragraph (a), with emission limitations, controls, or other requirements that meet the requirements of Section 12.1.4. A source that seeks to vary from such a general permit and obtain an emission limitation, control, or other requirement not contained in that general permit shall apply for an individual permit pursuant to Section 12.1.3.

(c) General permits shall not be issued for sources regulated pursuant to Title IV of the Act, except as pr ovided in regulations promulgated by

the Administrator under Title IV of the Act.

12.11.2 General Permit Development

(a) The Control Officer may issue a general permit on the Control Officer’s own initiative or in response to a petition.

(b) Any person may submit a petition to the Control Officer requesting the issuance of a general permit for a defined source class. The petition shall propose a particular source class and list the approximate number of sources in the proposed class, along with their size, processes, and operating conditions, and demonstrate how the class meets the criteria for a general permit as specified in Section 12.11.1. The Control Officer shall provide a written response to the petition within one hundred twenty (120) days of receipt.

(c) General permits shall be issued or revoked for source classes pursuant to the procedures in Section 12.11.4 or 12.11.7.

(d) General permits shall include all of the following:

(1) The relevant elements contained in Section 12.1.3.6; and(2) The process for qualifying individual sources to apply for coverage under the general permit by submitting the application prescribed by Section 12.11.3.

(3) A permit term not to exceed 5 years from the date of issuance.

12.11.3 Application for Authority to Operate Under a General Permit

(a) Once the Control Officer has issued a general permit, any source which is a member of the source class covered by the general permit may apply to the Control Officer for authority to construct and operate under the general permit. At the time the Control Officer issues a

gene ral permit, the Control Officer may also establish a specific application form with filing instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if none has been adopted, a standard application form to be promulgated by the department. The specific application form shall, at a minimum, require the applicant to submit the following

information:

(1) Information identifying and describing the source, its processes, and its operating cond itions in sufficient detail to allow the Control Officer to determine qualification for, and assure compliance with, the general permit; and

(2) A compliance schedule that meets the requirements of Section 12.1.4.1(m)(4), if required.

(b) The Control Officer shall act on the application for authority to operate under the general permit as expeditiously as possible, but a final decision shall be reached within one hundred eighty (180) days of receipt of the application. The source shall operate under the

terms of th e general permit for which it has applied during that time.

(1) If the application for authority to operate under the general permit is denied, the Control Officer shall notify the source that it shall apply for an individual minor source permit within sixty (60) days of receipt of notice.

(2) If the application is approved, the Control Officer shall issue an authority to operate under a general permit to the source and post the issuance decision on the department web site.

(3) If the Control Officer defers acting on an application under this section and the Control Officer has provided notice of intent to renew or not renew the permit, the source may operate under the terms of its application until a decision is made by the

Control Officer.12.11.4 General Permit Issuance or Revision Procedures

(a) This section applies to the issuance, renewal, or revision of a general permit.

(b) The Control Officer shall provide notice of a proposed new general permit, for any revision of an existing general permit, or for renewal of an existing gen eral permit in a newspaper of general circulation within Clark County, Nevada, and the department web site. The notice shall describe the following:

(1) The proposed permit, including an emission limitation, work practice standard, or other means of limiting e missions that is RACT for the affected category of source;

(2) The category of sources that would be affected;

(3) The air contaminants the Control Officer expects to be emitted by a typical source in the class and from the class as a whole;

(4) The proposed effective date for issuance of the general permit;

(5) The locations where documents relevant to the proposed permit will be available during normal business hours;

(6) The name, address, and telephone number of a person within

the department who may be contacted for further information;

(7) The address where any person may submit comments or request a public hearing, and the date and time by which comments or a public hearing request are required to be received; and

(8) The process by which sources may obtain authorization to

oper ate under the general permit.

(c) Public Comment. The Control Officer shall provide a period of not less than 30 days from the date of the notice of a proposed new, revised, or renewed general permit for written comments to be submitted. Such comment period may be concurrent with the notice period specified in subsection (b).

(d) Written comments shall include the name of the person commenting and the person’s agent or attorney, if any, and shall clearly set forth reasons why the general permit should or should not be issued pursuant to the criteria for issuance in Section 12.11.2. The Control Officer shall consider all written and oral comments, and any otherdocuments on the administrative record, prior to taking final action on the general permit.

(e) Public Heari ngs. During the public comment period specified in paragraph (c) above, any person may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, and reason

for requesting a hearing.

(f) 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 a proposed new, revised or renewed general permit, but no later than seventy (70) days after the date of the notice of a proposed new, revised, or renewed general permit. In determining if a significant degree of public interest exists, the

Control Office r 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 from sources covered by the proposed general permit, and the proximity of such sources to sensitive areas like parks, schools, hospitals or residential areas.

(g) The petitioner shall receive no less than seven (7) days prior written notice of the date and location of the public hearing, and the Control

Officer sh all provide at least seven (7) days notice to the public by posting the notice of public hearing on the DAQEM website. If the petition for hearing is denied, the Control Officer shall notify the petitioner within 30 days of receipt of the petition and shal l notify the public by posting on the DAQEM website within the same 30

- day period.

(h) At the time a general permit is issued, the Control Officer shall make available a response to all relevant comments on the proposed general permit raised during the public comment period and during any public hearing. The response shall specify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The Control Officer shall notify, in writing, any petitioner and each person who has submitted written comments on the proposed general permit or requested notice of the final permit

decision.

12.11.5 General Permit Renewal

The Control Officer shall review and may renew general permits every five years. A source's authorization to operate under a general permit shall coincide with the term of the general permit, regardless of when theauthorization began during the five

- year period. In addition to the public notice required to issue a proposed permit under Section 12.11.4, the Control Officer shall notify in writing all sources who have been granted, or who have applications pending for, authorization to operate under the general permit. The written notice shall describe the source's duty to reapply and may include requests for information required under the proposed general permit.

12.11.6 Relationship to Individual Minor Source Permits

Any source covered under a general permit may request to be excluded from coverage by applying for an individual minor source permit. A source’s authority to operate under the general permit shall terminate on the date the individual minor source permit is issued.

12.11.7 Termination of General Permits and Revocation of Authority to Operate under a General Permit

(a) The Control Officer may terminate a general permit at any time if:

(1) The Control Officer has determined that the emissions from the

sources in the source class cause or contribute to ambient air quality standard violations which are not adequately addressed by the requirements in the general permit; or

(2) The Control Officer has determined that the sources subject to the general permit no longer meet the requirements of Section

12.11.1.

(b) If a general permit is terminated, the Control Officer shall provide written notice prior to termination to all sources operating under the

per mit. Such notice shall include an explanation of the basis for the termination. Within sixty (60) days of receipt of the notice of the termination of any general permit, sources notified shall submit an application to the Control Officer for an individual minor source permit. Upon submittal of a complete application, the source may continue to operate under the terms and conditions of its general permit until an individual minor source permit is issued by the Control

Officer.

(c) The Control Officer may revoke the authorization to operate under a general permit pursuant to this section and require a source authorized to operate under a general permit to apply for and obtain an individual minor source permit at any time if the source is not in compliance with the terms and conditions of the general permit.(d) If the Control Officer revokes a source’s authority to operate under a general permit pursuant to paragraph (c) above, the Control Officer shall notify the permittee by certified mail. The notice shall include a statement detailing the grounds for the revocation of authority to operate under the general permit. The source shall not operate until the source submits a complete application for an individual minor source permit.

12.11.8 Fees Related to General Permits

(a) Perm it Processing Fee. The owner or operator of a source that applies for authority to operate under a general permit shall pay to the Control Officer the fee required by Section 18 with the submittal of the application.

(b) Administrative or Inspection Fee. The owner or operator of a source with authority to operate under a general permit shall pay, for each calendar year, any other applicable fee(s) pursuant to Section

18.

History: Adopted November 3, 2009SECTION 12.12 : TRANSFER OF PERMIT

12.12.1 Applicability

This section applies to any source or emission unit for which a permit has been issued pursuant to Section 12.1, 12.2, 12.3, 12.4, 12.5 or 12.11.

12.12.2 Requirements

(a) Except as provided for in this section, an Authority to Construct or any permit issued pursuant to the sections listed in 12.12.1 shall not be transferable, whether by operation of law or otherwise, from one owner or operator to another.

(b) Any application to transfer a permit from the permit holder to another person or owner shall be accompanied by the applicable fee(s) as specified in Section 18.

(c) An application for the transfer of ownership shall constitute a temporary Authority to Construct, Part 70 Operating Permit or Permit to

O perate, as applicable, under the conditions of the existing permit.

(d) The owner or operator who holds the permit shall file an application for a transfer of ownership at least 30 days prior to the date of the transfer of ownership.

(e) The Control Officer shall approve an application for the transfer of a permit if all of the following requirements are met:

(1) The emission unit subject to the permit is in compliance with all applicable orders, AQRs and applicable federal requirements.

(2) Submittal of a written agreement or other written proof of transfer of ownership that is deemed sufficient by the Control Officer and which specifies the date of ownership transfer;

(3) The permit has been reviewed by the department to determine that the permit conditions are adequate to ensure compliance with, and enforceability of, applicable requirements to the emission unit for which the permit was issued;

(4) Where (e) (3) has not been met, the Control Officer shall require that the permit be revised to specify the permit conditions

neces sary in accordance with all applicable requirements;(5) All fees and assessed penalties associated with the permit have been paid.

History : Adopted March 16, 2010SECTION 12:13: POSTING OF PERMIT

(a) Any person who has been issued an individual or general permit under this Section 12 shall post such permit provided by the department in a location which is clearly visible and accessible to the employees of the stationary source and representatives of the

Control Officer.

(b) A copy of the complete permit shall be kept at the permitted source.

History: Adopted March 16, 2010