DEOH Agenda Item No. 12

June28, 2012

District Board ofHealth

FROM: Kevin Dick, Director AirQuality Management Division

SUBJECT: Public Hearing: Proposed approval and adoption ofthe revisionsto the "Washoe County Portion ofthe Nevada Infrastructure State implementation Planforthe 2006 PM2.5 NationalAmbientAirQuality Standard" Agenda Item: 12

StaffRecommendation Approve and adopt revisions to the "Washoe County Portion ofthe Nevada Infrastructure State Implementation Planforthe 2006 PM2.5 NationalAmbientAirQuality Standard"
Background The U.S. Environmental ProtectionAgency (EPA) establishes health based national ambient air quality standards (NAAQS) for six criteria pollutants including PM2.5. The Clean AirAct (CAA) directs states to address basic State Implementation Plan (SIP) requirements to implement, maintain, and enforce the NAAQS. Many ofthe CAA Section 110(a)(2) SIP elements relate to the general information and authorities that constitute the "infrastructure" of a state's air quality management program. States are required to submit an Infrastructure SIP (I-SIP) within three years afterpromulgation ofanewor revised standard.

In November2009, theWashoe County Health District, AirQuality Management Division (AQM) submitted an I-SIP to the U.S. Environmental Protection Agency (EPA) to address these CAA Section 110(a)(2) SIP elements. EPA identified several portions ofthe I-SIP that did not fully addressthese elements.

To fully address EPA's comments, the AQM is proposing to formally adopt five existing regulations and submitthem to EPA as a revision to the Nevada PM2.5 I-SIP. This will provide documentation of the regulation adoption process which is required for the I-SIP approval by EPA. These five existing Washoe County District Board of Health Regulations Governing Air Quality Management are: 030.023 (Evaluation of Registration Application), 030.218 (Demonstration of Compliance), 030.230 (Record Keeping), 030.235 (Requirementsfor Source Sampling and Testing), and 030.970.A (Part70 Permit Monitoring and Compliance).

This revision to the I-SIP was prepared in coordination with the Clark County Department ofAir Quality, Nevada Division ofEnvironmental Protection, and EPA Region IX.

A notice oftoday's public hearing was published in the Reno Gazette-Journal on May 25, June 6, and June 19, 2012. The I-SIP has been available for public inspection at the AQM D office since May25,2012.

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Recommended Motion Move to approve and adopt revIsions to the "Washoe County Portion of the Nevada Infrastructure State Implementation Plan for the 2006 PM2.5 National Ambient Air Quality Standard", and direct Staff to forward them to EPA as an amendment to the Washoe County portion ofthe Nevada PM2.5 State Implementation Plan.

Alternatives The District Board of Health may: 1. Elect notto adoptthe revision tothe I-SIP; or 2. Continue this public hearing and direct Staff to research some portion ofthe I-SIP and report backtothe Board at afuture meeting.

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030.023

030.218

030.230

030.235 EVALUATION OF REGISTRATION APPLICATION

When an Authority to Construct application is received by the Control Officer, he shall evaluate it to determine if all necessary information on the source processes has been included. When all the required information has been received, the Control Officerwill review the proposal using standard engineering practices and methods, decide which local, state or federal regulations apply to the source, determine by approved modeling or other methods if the proposed control technologywill meet regulatory requirements, and determinewhat, ifany, pre-construction monitoring or other testing will be required before the authority to construct is issued. If it is determined that the equipment proposed in the Authority to Construct application is insufficient to meet regulatory requirements, the Control Officer will notify the applicant of the deficient items in writing and state what additions may be made to bring the project into compliance with regulatory requirements. In no case may the review of the project take more than 180daysto complete.

DEMONSTRATION OF COMPLIANCE

The Control Officer may require the operator of a source to provide any applicable data to demonstrate compliance with the conditions of the Permit to Operate. Such data submission requirements may include, but would not be limited to, graphs, charts or other records of items such as plant operational temperatures, plant production levels, continuous stack monitor outputs, plant operating hours, equipment engineering and design specifications or chemical product consumption. Requested data must be provided in atimely manner, as specified by the Control Officer. Failure to provide this data as requested by the Control Officer constitutes aviolation ofthe conditions ofthe Permit to Operate, and the affected source would be subject to a citation underthese regulations, suspension oftheir Permitto Operate orboth.

RECORD KEEPING (Amended 9/23/92)

The Control Officer may require any holder of a Permit to Operate to keep adequate records concerning contaminant emissions for any equipment or process for which the permit was issued. All permittees operating add-on emissions control equipment will maintain records sufficient to legally demonstrate that the equipment has operated in compliance with all applicable Federal, State and District regulations. The permittee shall also record anytimes
or occasions when the emissions control equipment is not in operation due to equipmentfailure, maintenance oranyotherreason.
REQUIREMENTS FOR SOURCE SAMPLINGAND TESTING

To determine the exact quantity and effect of emissions produced by stationary sources, the Control Officer may require source stack testing, or other types of
source testing including, but not limited to, mass balance types of analysis, be made by the operator. Alternatively, and after consultation with the permittee,

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030.970 the Control Officer may require that testing be reviewed and overseen by an independentthird party ofthe Control Officer's selection to insurethe quality and accuracy ofthe test results. The Control Officer may also require othertypes of pollutant impact analysis, including but not limited to, epidemiological testing of persons who may be affected by the operations of the source, risk assessment determinations, source or receptor modeling and off-site ambient pollutant level monitoring. Completion of testing may be required prior to the issuance or continuance ofapermitto operate. The Control Officer may requirethatall costs of any testing required under this section be borne by the operator or source owner.

PART 70 PERMIT MONITORING AND COMPLIANCE (Adopted 10/20/93, Revised 10/25/95)



### A. Compliance Statements

Sources subject to Part 70 permits shall submit a statement of compliance signed by a responsible official. The annual compliance statement shall be due each year on the anniversary of the date of issuance (or more frequently if required in an applicable requirement). The compliance statement shall address each term or condition of operation on an item by item basis. The compliance statement shall contain the following:

1. Identification of each term or condition of operation that is the basis for certification. 2. The compliance status of the facility with respect to each term or condition of operation and a statement that the operator will continue to comply with such requirements. 3. Whetherthe compliancewith each term orcondition ofoperation was continuous
or intermittent. 4. The method(s) used for determining the compliance status of the source including adescription of monitoring, record keeping and reporting requirements, and test methods. 5. For anyterm or condition ofoperation forwhich the source is not in compliance, the source must submit a compliance schedule and a narrative description of howthe source will achieve compliance with such requirements as described in 030.970 (8)ofthese regulations. 6. For any source for which the Control Officer has established requirements for progress reports on compliance schedules, the source must provide these progress reports in a timely manner and address dates milestones and other activities that have been specified by the Control Officer. The progress report shall also include the dates on which any milestones were achieved and an explanation of any dates or milestones that were not or are not expected to be met, whytheywere not met and any corrective actionsto be taken as aresult. 7. Any other specific information needed to determine compliance as required by the Control Officer. 

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9. Any additional requirements as may be specified pursuantto sections 114(a) and 504(b) oftheAct.

All Statements ofcompliance must be made in writing to both the EPAAdministrator as well as to the Control Officer. Failure to submit a statement of compliance in a timely
mannermay result in citation, penalties, suspension or revocation ofthe Part70 permit.