# S

# TAT

# E O

# F 

# NEVAD 

# 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: TheNevada Division of Environmental Protection (NDEP) requests formal delegation of authority to implement and enforce recently promulgated Standards ofPerformance 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 111(c) for NSPS and Section 112(1)for NESHAP. NDEP's mechanism for obtaining the regulatory authority necessary to accept delegation isthrough 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 3,2008Federal Register 

### (FR) [73 FR 181691. NDEP is not aware ofthe final Part 60delegations 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 ofthe 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 CRFPart 63 

### The amendments to Subpart DDDD as set forth in 72 FR 61060, 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 721O,, February 7,2008; Subpart WWWWW, as set forth in 72 FR 7361 1,December 28,2007;

901 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 ofU.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 ofthe 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 ofAir 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. Title40 C.F.R. $ 5 1.165 is hereby adopted by reference as it existed on July 1, 2002. 3. Appendix W of40 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 Byas 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, 1111and KKKK as they existed on July 1, 2007; (d) Subpart HHHH, except 

## $5 60.4105(b)(2), 60.4106,60.4120 to 60.4142, inclusive, 60.4153(a) and (b) and 60.4176, as set forth in Volume 70 ofthe Federal Register at pages 28606 et seq., May 18,2005,and the arnendmentsto Subpart HHHH as set forth in Volume 7 1 ofthe Federal Register at pages 33388 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 amendmentsto 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 WWWW'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 ofthe 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 73180 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 ofthe Federal Register at pages 61060 et seq., October 29, 2007; (c) Subpart EEEEE as set forth in Volume 73 ofthe Federal Register at pages 721 0 et seq., February 7,2008; (d) SubpartsEEEEEE 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 15923et 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 StandardIndustrial Classification Manual, 1987edition, 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 ofthe Department ofCultural Affairs for 10 cents per page. (b) Government Printing Office, free of charge, at the Internet addresshttp://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 1and 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 ofthis 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 107to 60.4 114, inclusive, 60.4151 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; 10-15-85; 8- 22-86; 10-22-87; 10-18-88; 9-19-90; 9-4-92; 10-29-93; 12-13-93; 3-29-94; 10-30-95; R105-97, 3-5-98; R126-98, 11-2-98; 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, 9-18-2006; 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: 

### $81 and 2, NRS 445B.2 10; $3, NRS 445B.2 10 and 445B.300.

A REGULATIONrelating to air pollution;revising the definition of a Class I11 source;revising the provisions governing the adoptionby 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 1,000pounds of lead per year; 3. Which is not subject to the requirementsof42 U.S.C. $$ 7661 to 766lf, inclusive; 4. Which does not exceed 750horsepower and is not subjectto the requirements of 40 C.F.R. Part 60, except for : (a) A stationary compressionignition internal combustion engine subject to Subpart 1111 

### tEtRQ

; or (b) A stationary spark ignition internal combustion engine subject toSubpart JJJJ; 5. Which is not subject to the requirements of 40 C.F.R. Part 6 

### 1;

--1-- Adopted Regulation R076-086. Which is not subject to the requirements of 40 C.F.R. Part 63 

### #, exceptfor 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 relatingto 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 5l.lOO(nn) and Appendix S of40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1,2007. 2. Title 40 C.F.R. 5 1.165is hereby adopted by reference as it existed on July 1, 2002. 3. Appendix W of40 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 otherwiseprovidedin subsection 6, the following subparts of 40 C.F.R. Part 60 are hereby adoptedby 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 60.21 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, Nay0,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, 1111and 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 asset forth in Volume 73of the Federal Register atpages 3568 etseq., January 18,2008. Theamendments to SubpartA of40 C.F.R.Part 60as set forth in Volume 73ofthe Federal Register atpages 3568 et seq., January 18, 2008, are hereby adoptedby 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 1arehereby adopted by reference as they existed on July 1,2007. @+ 9. E-wept GS ~therwise provided in subsectien 10, the following subpor!~ of40 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 RegulationR076-08NNNN, 

### 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) asthey existed

on July 1,2007

### &

'hb) Subpart WWWWWas set forth in Volume 72ofthe Federal Register atpages 73611et 28,2007; 

### YYYYYas set forth in Volume 72ofthe Federal Register atpages 74088et seq.? December 28,2007;

UJ

(d) SubpartZZZZZ as set forth in Volume 73ofthe Federal Register atpages 226 et seq., January 2,2008;

1 he)Subparts LLLLLL, MMMMMM, NNNNNNN, 000000, PPPPPP and QQQQQQas set forth in Volume 72oftheFederal Register atpages 38864 et seq., July 16,2007; and 4 

## Vfl Subparts RRRRRR, SSSSSS and TTTTTTas set forth in Volume 72ofthe Federal Register;at pages 73180et seq., December 26,2007. 10. The amendments to the following subparts of40 C.F.R. Part 63are hereby adopted by reference:

'/;a) SubpartsA andZZtZ as set forth in Volume 73ofthe Federal Register atpages 3568

et seq., January 18,2008;

.jr(b)Subpart DDDD as set forth in Volume 72ofthe Federal Register atpages 61060et seq., October29,2007;

--4-- Adopted RegulationR076-08- (c) Subpart EEEEE as set forth in Voliime 73 ofthe Federal Register at pages 7210et seq., February 7,2008;



### :. (d) Subparts EEEEEE and FFFFFF as set forth in Volume 72ofthe Federal Register at pages 36363 etseq., July 3,200 7; and



# '*&) Subparts LLLLLL, MMMMMM, NNNNNN, 000000,PPPPPP and 

### QQQQQQ as set forth 

### in Volume 73 ofthe Federal Register atpages 15923 et seq., March 26,2008. 11. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existedon 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 of40 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 of40 C.F.R. Part 76 conflict with or are not included in NAC 445B.001 to 445B.3791, inclusive,the provisions of40C.F.R. Part 76 apply. &l+ 13. Title 42 of the United States Code, section 7412(b), List of Hazardous Air Pollutants, is hereby adoptedby reference as it existed on October 1, 1993. 14. The StandardIndustrial Classfication Manual, 1987edition, published by the United States Office of Managementand Budget, is hereby adopted by reference. A copy of the manual may be obtained, free ofcharge, from the United States Department ofLabor at the Internet address http://ww.dol.pov. +H-j 15. A copy ofthe publications which contain the provisions adoptedby reference in subsections 1to &l+ 13, inclusive, may be obtained from the: (a) Division of State Library and Archives of the Department of Cultural Affairs for 10cents 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 of40 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 subjectto 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 SubpartHHHH 

### $5 60.4101 to 60.4105, inclusive, 60.4107 to 60.4 114,inclusive, 60.4151to 60.4173, inclusive, and 60.4175, and Parts 6 1and 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 StandardIndustrial Classfication Manual, which is adopted by reference ,r: in PU'AC445B.221.

--6-- Adopted Regulation R076-08