S TAT E O F N EVA D A jlrn G~bbons, Governor 

Leo M Drozdofi PE, Adrnrnrstrator 

protecting the future for generations 

September 29,2008 l733ZiVED 

Deborah Jordan 

Director, Air Division 

U.S. EPA Region 9 

75 Hawthorne Street (AIR-1) AIR DIVISION 

U.S. EPA. REGION 0 

San Francisco, CA 94 105 

Subject: NSPS and NESHAP Delegation Request from the Nevada Division of 

Environmental Protection 

Dear Ms. Jordan: 

The Nevada Division of Environmental Protection (NDEP) requests formal delegation of 

authority to implement and enforce recently promulgated Standards of Performance for New 

Stationary Sources (NSPS) pursuant to Title 40 of the Code of Federal Regulations (CFR) Part 

60 and National Emission Standards for Hazardous Air Pollutants (NESHAP) pursuant to 40 

CFR Part 63. The Clean Air Act authority for delegation is found in Section 1 11 (c) for NSPS 

and Section 112(1) for NESHAP. NDEP's mechanism for obtaining the regulatory authority 

necessary to accept delegation is through incorporation of the federal rules by reference into our 

state regulations. 

In letters dated December 4,2007 and January 3,2008, U.S. EPA approved a similar request 

from NDEP for a group of Part 63 and Part 60 standards, respectively. The direct final rule, 

which delegated to NDEP the authority to implement and enforce the referenced Part 63 

NESHAP, was published in the April 3,2008 Federal Register (FR) [73 FR 181691. NDEP is 

not aware of the final Part 60 delegations having yet been published in the FR. 

Since its last request dated November 1,2007, NDEP has incorporated the following federal 

rules by reference into our state regulations. A copy of the current effective Nevada 

Administrative Code 445B.22 1, which lists the NSPS and NESHAP that Nevada has adopted, is 

enclosed (Attachment 1). 

40 CFR Part 60 

Subpart JJJJ, as set forth in 73 FR 3568, January 18, 2008; and 

The amendments to Subpart A, as set forth in 73 FR 3568, January 18,2008. 

40 CRF Part 63 

The amendments to Subpart DDDD as set forth in 72 FR 61 060, October 29,2007; 

The amendments to Subparts A and ZZZZ as set forth in 73 FR 3568, January 18,2008; 

The amendments to Subpart EEEEE as set forth in 73 FR 721 O,, February 7,2008; 

Subpart WWWWW, as set forth in 72 FR 7361 1, December 28,2007; 

90 1 S. Stewart Street, Suite 400 1 Carson City. Nevada 8970 1 p: 775.687.4670 f: 775.687.5856 www.ndep.nv.gov - -.p Z+ 

prirircd oo recycled pope, 

-"- . -- -- - 
U.S. EPA 

September 29,2008 

Page 2 

Subpart YYYYY, as set forth in 72 FR 74088, December 28,2007; 

Subpart ZZZZZ, as set forth in 73 FR 226, January 2,2008; 

The amendments to Subparts EEEEEE and FFFFFF as set forth in 72 FR 36363, July 3, 

2007; 

Subparts LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP and QQQQQQ as set 

forth in 72 FR 38864, July 16,2007; 

The amendments to Subparts LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP 

and QQQQQQ as set forth in 73 FR 15923, March 26,2008; and 

Subparts RRRRRR, SSSSSS and TTTTTT as set forth in 72 FR 73 180, December 26, 

2007. 

NDEP is requesting delegation for each of these standards, as listed in Attachment 2. 

NDEP acknowledges that delegation constitutes our agreement to follow all applicable 

provisions of 40 CFR Parts 60,61, and 63, including the use of U.S. EPA's test methods and 

procedures. We also understand that U.S. EPA retains the exclusive right for authorizing 

approval of equivalent and alternative control technologies and test methods. Therefore, we 

understand that the applicable subsections of the requested NSPS and NESHAP may not be 

delegated. 

I hereby certify that the information contained in this request is correct to the best of my current 

knowledge and belief. If you have any questions or concerns, please do not hesitate to contact 

me at (775) 687-9329. 

w 

Bureau of Air Quality Planning 

Enclosures (2) 

cc: Andrew Steckel, Chief, Rules Office, U.S. EPA, Region 9 (AIR-4) 

\Mae Wang, AIR-4, U.S. EPA, Region 9; (AIR-4) w/enclosure 

Cynthia Allen, AIR-4, U.S. EPA, Region 9; (AIR-4) w/enclosure 

Greg Remer, Chief, Bureau of Air Pollution Control, NDEP 

Colleen Cripps, Deputy Administrator, NDEP 

CERTIFIED MAIL: 7007 2560 0000 5997 8216 
ATTACHMENT 1 

September 26,2008 Delegation Request 

NAC CHAPTER 445B - AIR CONTROLS 

AIR POLLUTION 

General Provisions 

NAC 445B.221 Adoption by reference and applicability of certain provisions of 

federal law and regulations. (NRS 445B.210) 

1. Title 40 C.F.R. $$ 5 1.100(s) and 5 1.100(nn) and Appendix S of 40 C.F.R. Part 5 1 

are hereby adopted by reference as they existed on July 1,2007. 

2. Title 40 C.F.R. $ 5 1.165 is hereby adopted by reference as it existed on July 1, 

2002. 

3. Appendix W of 40 C.F.R. Part 5 1 is hereby adopted by reference as it existed on 

July 1,2007. 

4. Title 40 C.F.R. $ 52.21 is hereby adopted by reference as it existed on July 1, 2007. 

5. Except as otherwise provided in subsection 6, the following subparts of 40 C.F.R. 

Part 60 are hereby adopted by reference: 

(a) Subpart A, except $$ 60.4, 60.8(b)(2), 60.8(b)(3) and 60.1 1(e), as it existed on July 

1, 2007; 

(b) Section 60.21 of Subpart By as it existed on July 1,2006; 

(c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, 

L,M,N,Na,O,P,Q,R,S,T,U,V,W,X,Y,Z,AA,AAa,BB,CC,DD,EE,GG,HH, 

KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, BBB, DDD, FFF, GGG, 

HHH, 111, JJJ, KKK, LLL, NNN, 000, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, 

WWW, AAAA, CCCC, DDDD, EEEE, FFFF, 1111 and KKKK as they existed on July 1, 

2007; 

(d) Subpart HHHH, except $5 60.41 05(b)(2), 60.41 06,60.4120 to 60.4142, inclusive, 

60.41 53(a) and (b) and 60.4176, as set forth in Volume 70 of the Federal Register at 

pages 28606 et seq., May 18,2005, and the arnendmentsto Subpart HHHH as set forth in 

Volume 7 1 of the Federal Register at pages 333 88 et seq., June 9,2006& 

(e) Subpart JJJJ as set forth in Volume 73 of the Federal Register at pages 3568 et 

seq., January 18,2008. 

6. The amendments to Subpart A of Title 40 C.F.R. Part 60 as set forth in Volume 73 

of the Federal Register at pages 3568 et seq., January 18,2008, are hereby adopted by 

reference. 

7. Appendices B and F of 40 C.F.R. Part 60 are hereby adopted by reference as they 

existed on July 1, 2007. 

8.SubpartsA,C,D,E,F,H,I,J,K,L,N,O,P,Q,R,T,V,W,Y,BBandFFof40 

C.F.R. Part 6 1 are hereby adopted by refcience as iheji existed on July i, 2007. 

9. Except as otherwise provided in subsection 10, the following subparts of Title 40 

C.F.R. Part 63 are hereby adopted by reference: 

(a)SubpartsA,B,C,F,G,H,I,J,L,M,N,O,Q,R,S,T,U, W,X,Y,AA,BB,CC, 

DD, EE, GG, HH, 11, JJ, KK, LL, MM, 00, PP, QQ, RR, SS, TT, UU, VV, WW, XX, 

YY, CCC, DDD, EEE, GGG, HHH, 111, JJJ, LLL, MMM, NNN, 000, PPP, QQQ, RRR, 
TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, 1111, 

JJJJ, KKKK, MMMM, NNNN, 0000, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, 

VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, 

EEEEE, FFFFF, GGGGG, HHHHH, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, 

PPPPP, QQQQQ, SSSSS, DDDDDD, EEEEEE, FFFFFF and GGGGGG as they existed 

on July 1, 2007; 

(b) Subpart WW WW'W as set forth in Volume 72 of the Federal Register at pages 

7361 1 et seq., December 28,200.7; 

(c) Subpart YYYYY as set forth in Volume 72 of the Federal Register at pages 74088 

et seq., December 28,2007; 

(d) Subpart ZZZZZ as set forth in Volume 73 of the Federal Register at pages 226 et 

seq., January 2,2008; 

(e) Subparts LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP and QQQQQQ 

as set forth in Volume 72 of the Federal Register at pages 38864 et seq., July 16,2007; 

and 

(f) Subparts RRRRRR, SSSSSS and TTTTTT as set forth in Volume 72 of the Federal 

Register at pages 73 180 et seq., December 26,2007. 

10. The amendments to the following subparts of Title 40 C.F.R. Part 63 are hereby 

adopted by reference: 

(a) Subparts A and ZZZZ as set forth in Volume 73 of the Federal Register at pages 

3568 et seq., January 18,2008; 

(b) Subpart DDDD as set forth in Volume 72 of the Federal Register at pages 61 060 et 

seq., October 29, 2007; 

(c) Subpart EEEEE as set forth in Volume 73 of the Federal Register at pages 721 0 et 

seq., February 7,2008; 

(d) Subparts EEEEEE and FFFFFF as set forth in Volume 72 of the Federal Register 

at pages 36363 et seq., July 3,2007; and 

(e) Subparts LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP and QQQQQQ 

as set forth in Volume 73 of the Federal Register at pages 15923 et seq., March 26, 2008. 

11. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 

2007. If the provisions of 40 C.F.R. Part 72 conflict with or are not included in NAC 

445B.001 to 445B.3791, inclusive, the provisions of 40 C.F.R. Part 72 apply. 

12. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 

2007. If the provisions of 40 C.F.R. Part 76 conflict with or are not included in NAC 

445B.001 to 445B.3791, inclusive, the provisions of 40 C.F.R. Part 76 apply. 

13. Title 42 of the United States Code, section 7412(b), List of Hazardous Air 

Pollutants, is hereby adopted by reference as it existed on October 1, 1993. 

14. The Standard Industrial Classification Manual, 1987 edition, published by the 

United States Office of Management and Budget, is hereby adopted by reference. A copy 

of the manual may be obtained, free of charge, from the United States Department of 

Labor at the internet address http:iiwww.doi.gov. 

15. A copy of the publications which contain the provisions adopted by reference in 

subsections 1 to 13, inclusive, may be obtained from the: 

(a) Division of State Library and Archives of the Department of Cultural Affairs for 

10 cents per page. 

(b) Government Printing Office, free of charge, at the Internet address 
http://www.gpoaccess.~ov/nara/index.html. 

16. For the purposes of the provisions of 40 C.F.R. Parts 60,61 and 63, adopted by 

reference pursuant to this section, the Director may not approve alternate or equivalent 

test methods or alternative standards or work practices. 

17. Except as otherwise provided in subsections 1 1 and 12, the provisions adopted by 

reference in this section supersede the requirements of NAC 445B.001 to 445B.3791, 

inclusive, for all stationary sources subject to the provisions adopted by reference only if 

those requirements adopted by reference are more stringent. 

18. For the purposes of this section, "administrator" as used in the provisions of 40 

C.F.R. Part 60, except Subpart B 9 60.21 and Subpart HHHH $5 60.4101 to 60.4105, 

inclusive, 60.4 107 to 60.4 1 14, inclusive, 60.4 15 1 to 60.4 173, inclusive, and 60.4 175, and 

Parts 61 and 63, adopted pursuant to this section, means the Director. 

(Added to NAC by Environmental Comm'n, eff. 10-19-83; A 12-5-84; 10-1 5-85; 8- 

22-86; 10-22-87; 10-1 8-88; 9-1 9-90; 9-4-92; 10-29-93; 12-13-93; 3-29-94; 10-30-95; 

R105-97, 3-5-98; R126-98, 1 1-2-98; R022-99, 9-27-99; R103-02, 12- 17-2002; R198-03, 

4-26-2004; R125-04, 9-24-2004; R037-05, 10-31-2005; R189-05 & R206-05, 5-4-2006; 

R15 1-06 & R162-06, 9-1 8-2006; R057-07, 10-3 1-2007; R076-08, 8-26-08) 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R076-08 

Effective August 26,2008 

EXPLANATION -Matter in i~alics is new; matter in brackets [em&&Wedl is materia1 to be omitted. 

AUTHORITY: $8 1 and 2, NRS 445B.2 10; $3, NRS 445B.2 10 and 445B.300. 

A REGULATION relating to air pollution; revising the definition of a Class I11 source; revising 

the provisions governing the adoption by reference of certain federal regulations; and 

providing other matters properly relating thereto. 

Section 1. NAC 445B.038 is hereby amended to read as follows: 

445B.038 "Class 111 source" means a stationary source which is subject to the requirements 

set forth in NAC 445B.001 to 445B.3791, inclusive, and: 

1. Which emits or has the potential to emit, individually or in combination, a total of not 

more than 5 tons per year of PMlo, NO,, SOz, VOC and H2S; 

2. Which emits less than 1,000 pounds of lead per year; 

3. Which is not subject to the requirements of 42 U.S.C. $$ 7661 to 766lf, inclusive; 

4. Which does not exceed 750 horsepower and is not subject to the requirements of 40 

C.F.R. Part 60, except for : 

(a) A stationary compression ignition internal combustion engine subject to Subpart 1111 tEtRQ 

; or 

(b) A stationary spark ignition internal combustion engine subject to Subpart JJJJ; 

5. Which is not subject to the requirements of 40 C.F.R. Part 6 1; 

-- 1 -- 

Adopted Regulation R076-08 
6. Which is not subject to the requirements of 40 C.F.R. Part 63 #, except for a stationary 

reciprocating internal combustion engine subject to Subpart ZZZZ and which does not exceed 

750 horsepower; 

7. Which is not a temporary source; 

8. Which is not located at or a part of another stationary source; 

9. Which does not operate a thermal unit that emits mercury, as defined in NAC 445B.3643; 

and 

10. Whose owner or operator: 

(a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63; or 

(b) Is not required to obtain an operating permit to operate the stationary source solely to 

comply with NAC 445B.22037 relating to surface area disturbances. 

Sec. 2. NAC 445B.221 is hereby amended to read as follows: 

445B.22 1 1. Title 40 C.F.R. $8 5 1.100(s) and 5 l.lOO(nn) and Appendix S of 40 C.F.R. 

Part 5 1 are hereby adopted by reference as they existed on July 1,2007. 

2. Title 40 C.F.R. 5 1.165 is hereby adopted by reference as it existed on July 1, 2002. 

3. Appendix W of 40 C.F.R. Part 51 is hereby adopted by reference as it existed on July 1, 

2007. 

4. Title 40 C.F.R. 8 52.21 is hereby adopted by reference as it existed on July 1,2007. 

5. fTke) Except as otherwiseprovided in subsection 6, the following subparts of 40 C.F.R. 

Part 60 are hereby adopted by reference: 

(a) C~hpart. A, except $9 60.4, 60.8(b)(2), 60.8(b)(3) and 60.1 1 (e), as it existed on July 1, 

2007; 

(b) Section 60.2 1 of Subpart B, as it existed on July I, 2006; 

--2-- 

Adopted Regulation R076-08 
(c) Subparts C, Cb, Cc, Cd, Ce, D, Day Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Kay Kb, L, M, 

N, Nay 0, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, 

NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, BBB, DDD, FFF, GGG, HHH, 111, JJJ, KKK, 

LLL, NNN, 000, PPP, QQQ, RRR, SSS, TTT, UUU, VW, WWW, MA, CCCC, DDDD, 

EEEE, FFFF, 1111 and KKKK as they existed on July I, 2007; )Etff$) 

(d) Subpart HHHH, except $5 60.4 105(b)(2), 60.4 106, 60.41 20 to 60.41 42, inclusive, 

60.4153(a) and (b) and 60.4176, as set forth in Volume 70 of the Federal Register at pages 28606 

et seq., May 18,2005, and the amendments to Subpart HHHH as set forth in Volume 71 of the 

Federal Register at pages 33388 et seq., June 9,2006 f) ; and 

4e) Subpart JJJJ as set forth in Volume 73 of the Federal Register at pages 3568 et seq., 

January 18,2008. 

The amendments to Subpart A of 40 C.F.R. Part 60 as set forth in Volume 73 of the 

Federal Register at pages 3568 et seq., January 18, 2008, are hereby adopted by reference. 

7. Appendices B and F of 40 C.F.R. Part 60 are hereby adopted by reference as they existed 

on July 1,2007. 

8. SubpartsA,C,D,E,F,H,I,J,K,L,N,O,P,Q,R,T,V,W,Y,BBandFFof40 

C.F.R. Part 6 1 are hereby adopted by reference as they existed on July 1,2007. 

@+ 9. E-wept GS ~therwise provided in subsectien 10, the following subpor!~ of 40 C.F.R. 

Part 63 are hereby adopted by reference: 

(a) SubpartsA,B,C,F,G,H,I,J,L,M,N,O,Q,R,S,T,U,W,X,Y,AA,BB,CC,DD, 

EE, GG, HH, 11, JJ, KK, LL, MM, 00, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, 

DDD, EEE, GGG, HHH, 111, JJJ, LLL, MMM, NNN, 000, PPP, QQQ, RRR, TTT, UUU, 

VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, 1111, JJJJ, KKKK, MMMM, 

--3-- 

Adopted Regulation R076-08 
NNNN, 0000, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, 

YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, 

JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, DDDDDD, EEEEEE, 

FFFFFF and GGGGGG +&%? C.F.K. P..r) as they existed 

on July 1,2007 & 

'hb) Subpart WWWWW as set forth in Volume 72 of the Federal Register at pages 73611 et 

28,2007; 

YYYYY as set forth in Volume 72 of the Federal Register at pages 74088 et 

seq.? December 28,2007; 

UJ (d) Subpart ZZZZZ as set forth in Volume 73 of the Federal Register at pages 226 et seq., 

January 2,2008; 1 

he) Subparts LLLLLL, MMMMMM, NNNNNNN, 000000, PPPPPP and QQQQQQ as set 

forth in Volume 72 of the Federal Register at pages 38864 et seq., July 16,2007; and 

4 Vfl Subparts RRRRRR, SSSSSS and TTTTTT as set forth in Volume 72 of the Federal 

Register; at pages 73180 et seq., December 26,2007. 

10. The amendments to the following subparts of 40 C.F.R. Part 63 are hereby adopted by 

reference: 

'/;a) Subparts A and ZZtZ as set forth in Volume 73 of the Federal Register at pages 3568 

et seq., January 18,2008; 

.jr(b) Subpart DDDD as set forth in Volume 72 of the Federal Register at pages 61060 et 

seq., October 29,2007; 

--4-- 

Adopted Regulation R076-08 
- (c) Subpart EEEEE as set forth in Voliime 73 of the Federal Register at pages 7210 et seq., 

February 7,2008; 

:. (d) Subparts EEEEEE and FFFFFF as set forth in Volume 72 of the Federal Register at 

pages 36363 et seq., July 3,200 7; and 

'*&) Subparts LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP and QQQQQQ as set 

forth in Volume 73 of the Federal Register at pages 15923 et seq., March 26,2008. 

11. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1,2007. If 

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

445B.3791, inclusive, the provisions of 40 C.F.R. Part 72 apply. 

12. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 

2007. If the provisions of 40 C.F.R. Part 76 conflict with or are not included in NAC 445B.001 

to 445B.3791, inclusive, the provisions of40 C.F.R. Part 76 apply. 

&l+ 13. Title 42 of the United States Code, section 7412(b), List of Hazardous Air 

Pollutants, is hereby adopted by reference as it existed on October 1, 1993. 

14. The Standard Industrial Classfication Manual, 1987 edition, published by the 

United States Office of Management and Budget, is hereby adopted by reference. A copy of the 

manual may be obtained, free of charge, from the United States Department of Labor at the 

Internet address http://ww.dol.pov. 

+H-j 15. A copy of the publications which contain the provisions adopted by reference in 

subsections 1 to &l+ 13, inclusive, may be obtained from the: 

(a) Division of State Library and Archives of the Department of Cultural Affairs for 10 cents 

per page. 

--5-- 

Adopted Regulation R076-08 
(b) Government Printing Office, free of charge, at the Internet address 

http://www.gpoaccess.gov/nara/index.html. 

+M+ 16. For the purposes of the provisions of 40 C.F.R. Parts 60,61 and 63, adopted by 

reference pursuant to this section, the Director may not approve alternate or equivalent test 

methods or alternative standards or work practices. 

+l4+ 17. Except as otherwise provided in subsections f9) 11 and 12, the provisions 

adopted by reference in this section supersede the requirements of NAC 445B.001 to 445B.3791, 

inclusive, for all stationary sources subject to the provisions adopted by reference only if those 

requirements adopted by reference are more stringent. 

tre) 18. For the purposes of this section, "administrator" as used in the provisions of 40 

C.F.R. Part 60, except Subpart B 5 60.21 and Subpart HHHH $5 60.4101 to 60.4105, inclusive, 

60.4107 to 60.4 1 14, inclusive, 60.41 5 1 to 60.41 73, inclusive, and 60.41 75, and Parts 6 1 and 63, 

adopted pursuant to this section, means the Director. 

Sec. 3. NAC 445B.3637 is hereby amended to read as follows: 

445B.3637 "Precious metals mining" means the mining of gold or silver ore by the owner or 

operator of a stationary source that belongs to Industry Group 104, Gold and Silver Ores, of 

Major Group 10, Metal Mining, of the Standard Industrial Classfication Manual, which is 

adopted by reference ,r: in PU'AC 445B.22 1. 

--6-- 

Adopted Regulation R076-08