District Board of Health Regulations Governing Air Quality Management
Updated 06/11

47 SOURCE PERMITTING AND OPERATION

030.000 SOURCE PERMITTING AND OPERATION (Amended 10/20/93)

It is unlawful for any person to:

A. Construct any new source;

B. Make any modifications affecting the emissions of any existing source; or

C. Operat e any new source, within the meaning of these regulations, except those sources

in Section 030.003

,

without first submitting an application to the Control Officer and obtaining an Authorization to

Construct.

030.002 CONSTRUCTION OR MODIFICATION OF PE RMITTED OPERATIONS (Amended 4/89,
10/20/93)

A written Authority to Construct shall be required to construct, erect, alter or replace any
equipment which may cause, potentially cause, reduce, control or eliminate the issuance of air
contaminants. A sing le Authority to Construct may be issued for all components of an integrated
system or process. Plans and specifications drawn in accordance with acceptable engineering
practices shall be required before issuance of an Authority to Construct. The applican t for any
Authority to Construct must notify the Control Officer in the application of any source which is or
will become subject to 40 CFR Part 70 upon completion of the proposed construction. An
Authority to Construct is not needed for routine operation and maintenance. This includes
maintenance prescribed by the manufacturer, replacement of worn or broken components with like
equipment, etc.

030.003 EXEMPT SOURCES (Amended 10/20/93, Revised 10/25/95)

The following existing or new single sources do not require Authorities to Construct and/or Permits
to Operate unless they would otherwise be subject to the Part 70 regulations as defined in

030.905 :

A. Agricultural land use.

B. Motor vehicles, special mobile equipment licensed for highway travel and any internal
combustion engines associated with the operation of licensed mobile equipment.

C. Land clearance or covering which is less than one (1) acre in size.

030.004 In addition to the conditions contained in NRS 534A.060, an air pollutant em ission control plan
must be submitted and approved by the Control Officer prior to commencement of drilling or reworking a geothermal well (productive or exploratory).District Board of Health Regulations Governing Air Quality Management
Updated 06/11

48 Geothermal wells within 5.0 kilometers of a residential dwelling(s), must limit the hyd rogen sulfide
emission rate on a continuous basis during air drilling cleanout, initial testing and reworking to no more than 5.5 pounds per hour (2.5 kilograms per hour). If the reworking or drilling cleanout operation lasts for two (2) hours (120 minute s) or less, an exemption to the 5.5 pound/hour

emission limit may be obtained from the Control Officer. This exemption would limit the facility to
operations only during favorable meteorological conditions as determined in advance by the

Control Officer. (Adopted 4/89)

030.005 No local government authority within the Health District may issue a building permit to any person
who wishes to operate, construct, establish, or relocate or modify any stationary source which
requires an authority to construct o r permit to operate until the Authority to Construct or Permit to
Operate has been issued by the Control Officer.

030.010 GENERAL SOURCES (Amended 6/27/90)

The Control Officer shall not issue an Authority to Construct or Permit to Operate if the regi stration
application, engineering data or any other documentation submitted by the applicant shows, or the

Control Officer determines, that the source:

A. Cannot meet the requirements of, or be operated in compliance with, federal, state, or
local regul ations;

B. Will prevent the attainment or maintenance of state or national ambient air standards; or

C. Will cause a violation of the approved State Implementation Plan.

D. Will not meet all requirements of Section 030.410

.

030.015 AUTHORITY TO CONSTRUCT DURATION

An Authority to Construct shall remain valid for the same time period as is allowed a building
permit in the jurisdiction of the facilities location, but in no case shall this period exceed eighteen (18) months. If a permittee begins construction and then stops, after construction has ceased for
18 months, the Authority to Construct shall expire. Once the 18

- month period is exceeded, the
approval of the Authority to Construct lapses, and the Authority to Construct is invalid. A new

r egistration application must be submitted if the operator wishes to build or renew construction. An
Authority to Construct can only be converted to a Permit to Operate if the construction of the
source is completed in compliance with all applicable Distric t requirements. (Revised 10/25/95)

030.018 CONSTRUCTION OF CONTROL EQUIPMENT CONTRARY TO AUTHORITY TO CONSTRUCT

If the Control Officer finds the equipment has not been constructed in accordance with the authority to construct, and/or provides less eff ective control than the equipment specified in the
authority to construct, he may deny the permit to operate.

030.020 PERMIT APPLICATION (Amended 10/20/93, Revised 10/25/95)

A. Application for Authority To Construction and/or Permit To Operate shall b e made onDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

49 forms furnished by the Control Officer.

B. A separate application is required for each source. One application is sufficient for those
sources requiring both an Authority to Construct and a Permit To Operate.

C. Each application must contai n, as a minimum:

1. Name and address of business and any other identifying information;

2. Nature of business, including products produced and processes to be used,
including any applicable SIC codes;

3. Name and phone number of agent, manag er or contact person;

4. Site information, including flow diagrams, description of site, description of all
insignificant activities for Part 70 permits, and all emission points in sufficient
detail to determine applicability and fees;

5. Nature and quantity of emissions for all regulated pollutants on an hourly, daily
or annual basis, expressed in units as necessary to determine compliance,
including notation as to if the proposed modification will be a major source or
modification and which poll utants the source will be major for;

6. Facilities or process equipment to be permitted or have their permit revised,
including the control equipment, control measures or work practices to be

utilized in emission reduction;

7. Operating times, te mperatures, fuels used, raw materials consumption,
production rates, or other pertinent information;

The information shall be sufficient in scope to enable the Control Officer to make
any determination pursuant to the requirements of Section 030.010 o f these
regulations.

8. Such other information or documentation requested by the Control Officer as
necessary to determine compliance with all requirements and standards;

9. Signature of a responsible person of the firm or business;

10. A pla n review fee and any other fees as set by the District Board of Health;

11. Calculations and methods used to estimate emissions.

12. For sources which are or will become subject to a Part 70 permit, the application
shall also include citation and descript ion of all applicable requirements, the test
methods for determining compliance with each applicable requirement, and
explanations of any proposed exemption from any otherwise applicable
requirement. The source shall also submit a compliance plan consiste nt with the
requirements of Sections 030.970 (A) and (B) of these regulations. AnyDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

50 applications for minor permit modifications under 030.950 (D) shall also include
items I through IV below. Title V permit applications shall include all of the
following:

I. A description of the change, the emissions resulting from the change
and any new applicable requirements that will apply as a result of the
change;

II. The source's suggested draft permit;

III. Certification by a responsible official that the proposed modification
meets the criteria for use of minor permit modification procedures and a
request that such procedures be used;

IV. Completed forms for the Control Officer to use in notifying the EPA and

affected states.

V. Description o f any processes and products associated with alternative
operating scenarios;

VI. Description of compliance monitoring devices or activities;

VII. Where emissions trading provisions are requested by a source,
proposed replicable procedures and pe rmit terms;

VIII. A statement that the source will meet all applicable requirements that
become effective during the permit term in a timely manner;

IX. A certification that all the information being submitted in the Part 70
permit application is based on information and belief formed after a
reasonable inquiry.

D. Operators of new or existing single sources emitting fifty (50) tons or more of total

contaminants per year shall:

1. Submit a plan for curtailment of operations in the event tha t ambient levels of
contaminants approach or reach those stated in the Emergency Episode Plan (Section 050.005 et. seq. of these regulations).

E. In case of a dispute, the Control Officer may require that the application and reports be
certified by a li censed professional engineer as to the accuracy of the technical
information concerning equipment of the applicant. The certification shall be given under
oath or upon information and belief that statements made in the application are truthful,

accurate o r correct.

F. Any change or alteration to the plans, equipment or process affecting the emissions fromDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

51 any new or existing source shall be reported to the Control Officer and shall be approved
prior to implementation.

030.023 EVALUATION OF REGISTRATIO N 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 Officer will 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 technology will

m

eet regulatory requirements, and determine what, if any, 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 i s 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 revi ew of the project take more than 180 days to complete.

030.025 The acceptance of registration application, or the issuance of an Authority to Construct by the
Control Officer, does not constitute acceptance or approval of the operation of any article,

mac hine, equipment, facility, property or process listed on the application. Not until all
requirements are met and until the Control Officer ascertains that the actual operation is in
compliance with all applicable federal, state and local standards and emi ssion limitations will the
source be deemed approvable and a Permit to Operate be issued.

030.030 The lack of emission limits or controls in these regulations for equipment or processes requiring a
registration application does not remove the registration requirement.

New equipment or changes in processes capable of becoming a new source of air pollution or
increasing present emission levels must be provided with the control capability necessary to meet
all emission standards and requirements specified in these regulations and any additional
requirements specified by the Control Officer in issuing the Authority to Construct or Permit to
Operate.

FEDERAL STANDARDS (NSPS & NESHAP)

030.100 NEW SOURCE PERFORMANCE STANDARDS (Amended 10/24/90; Revised 8 /28/08)

A. General

40CFR60, Subpart A (60.1 et seq), along with all duly promulgated revisions as of June

1, 1990 is herewith adopted by reference, except as follows:

1. "Administrator" shall, in this context, be taken to mean the Control Officer. The substitution does not apply to 60.8 (b)2, 60.8 (b)2, and 60.11 (e) of this subpart.

2. Delete Sections 60.4, 60.5, and 60.6.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

52 3. No sections dealing with equivalency determinations or innovative technology

waivers, as covered in Sections III(h)(3) an d II(j) respectively, of the Clean Air Act
may be delegated.

B. The Standards for Performance for those Subparts of 40CFR60 listed below, along with
all the duly promulgated revisions as of June 1, 1990, are herewith adopted by reference

with the listed exceptions.

1. Subpart D

- Fossil Fuel

- Fired Steam Generators

2. Subpart Db

- Steam Generating Units, Industrial

- Commercial

- Institutional

3. Subpart E

- Incinerators

4. Subpart F

- Portland Cement Plants

5. Subpart G

- Nitric Acid Plan ts

6. Subpart H

- Sulfuric Acid Plants

7. Subpart I

- Asphalt Concrete Plants

8. Subpart J

- Petroleum Refineries

9. Subpart K

- Storage Vessels for Petroleum Liquids (June 11, 1973, through May
19, 1978)

10. Subpart Ka

- Storage Vessels for Petroleum Liquids (constructed after May 18,
1978)

11. Subpart Kb

- Volatile Organic Liquid Storage (construction after July 23, 1984)

12. Subpart L

- Secondary Lead Smelters

13. Subpart M

- Secondary Brass and Bronze Ingot Production Plants

14

. Subpart N

- Iron and Steel Plants

15. Subpart O

- Sewage Treatment Plants

16. Subpart P

- Primary Copper Smelters

17. Subpart Q

- Primary Zinc Smelters

18. Subpart R

- Primary Lead Smelters

19. Subpart S

- Primary Aluminum Reduction Plants; except 60.195 (b)

20. Subpart T

- Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants

21. Subpart U

- Phosphate Fertilizer Industry: Superphosphoric Acid PlantsDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

53 22. Subpart V

- Phosphate Fertilizer Industry: Granular Triple Superph osphate

23. Subpart W

- Phosphate Fertilizer Industry: Triple Superphosphate Plants

24. Subpart X

- Phosphate Fertilizer Industry: Granular Triple Superphosphate
Storage Facilities

25. Subpart Y

- Coal Preparation Plants

26. Subpart Z

- Ferro alloy Production Facilities

27. Subpart AA

- Steel Plants: Electric Arc Furnaces

28. Subpart AAa

- Steel Plants: Electric Arc Furnaces Constructed After August 17,

1983

29. Subpart BB

- Kraft Pulp Mills

30. Subpart CC

- Glass Manufacturing Pl ants

31. Subpart DD

- Grain Elevators

32. Subpart EE

- Surface Coating of Metal Furniture

33. Subpart GG

- Stationary Gas Turbines; except 60.32(a)(3) and 60.335(a)(ii)

34. Subpart HH

- Lime Manufacturing Plants

35. Subpart KK

- Lead

- Acid Ba ttery Manufacturing Plants

36. Subpart LL

- Metallic Mineral Processing Plants

37. Subpart MM

- Automobile and Light Duty Truck Surface Coating Operations

38. Subpart NN

- Phosphate Rock Plants 39

39. Subpart PP

- Ammonium Sulfate Manufacture

40. Subpart QQ

- Graphic Arts Industry: Publication Rotogravure Printing

41. Subpart RR

- Pressure Sensitive Tape and Label Surface Coating Operations

42. Subpart SS

- Industrial Surface Coating: Large Appliances

43. Subpart TT

- Metal Coil Surfa ce Coating

44. Subpart UU

- Asphalt Processing and Asphalt Roofing ManufactureDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

54 45. Subpart VV

- Synthetic Organic Chemical Manufacturing Industry: Equipment

Leaks of VOC; except 60.482

- 1(c)(2) and 60.484

46. Subpart WW

- Beverage Can Surface Coati ng Industry; except 60.496(a)(1) and
60.493(b)(2)(i)(A)

47. Subpart XX

- Bulk Gasoline Terminals

48. Subpart AAA

- New Residential Wood Heaters

49. Subpart FFF

- Flexible Vinyl and Urethane Coating and Printing

50. Subpart GGG

- Equipment Leaks of VOC in Petroleum Refineries; except 60.592(c)

51. Subpart HHH

- Synthetic Fiber Production Facilities

52. Subpart JJJ

- Petroleum Dry Cleaners; except 60.623

53. Subpart OOO

- Nonmetallic Mineral Processing Plants

54. Subpart PPP

- Wool Fib erglass Insulation Manufacturing Plants

55. Subpart SSS

- Magnetic Tape Coating Facilities

56. Subpart TTT

– Industrial Surface Coating: Surface Coating of Plastic Parts for

Business Machines

57. Subpart UUU

– Calciners and Dryers in Mineral Industries

58. Subpart VV V

– Polymeric Coating of Supporting Substrates Facilities

59. Subpart WWW

– Municipal Solid Waste Landfills

60. Subpart AAAA

– Small Municipal Waste Combustion Units for which construction
is commenced after August 30, 1999 or for which modification or reconstru ction is

commenced after June 6, 2001

61. Subpart CCCC

– Commercial and Industrial Solid Waste Incineration Units for

which construction is commenced after November 30, 1999 or for which

modification or reconstruction is commenced on or after June 1, 2001

62. S ubpart EEEE

– Other Solid Waste Incineration Units for which construction is

commenced after December 9, 2004 or for which modification or reconstruction is

commenced on or after June 16, 2006

63. Subpart IIII

– Stationary Compression Ignition Internal Combus tion EnginesDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

55 64. Subpart JJJJ

– Stationary Spark Ignition Internal Combustion Engines

65. Subpart KKKK

– Stationary Combustion Turbines

030.105 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (Amended
9/23/92)

A. GENERAL

40CFR61, Subpart A (61.01 et seq), along with all duly promulgated revisions is herewith

adopted by reference, except as follows:

1. Delete Sections 61.06, 61.14, 61.15, 61.53(c)(4), 61.04(b), 61.12(d)(1) and 61.13
(h)(1)(ii).

2. Any sections dealing with equivalency determin ations that are nontransferable through Section 112(e)(3) of the Clean Air Act.

B. The National Emission Standards for Hazardous Air Pollutants for those subparts of
40CFR61 listed below, along with all the duly promulgated revisions are herewith adopted
by reference.

1. Subpart B

- Radon 222: Underground Uranium Mines

2. Subpart C

- Beryllium

3. Subpart D

- Beryllium Rocket Motor Firing

4. Subpart E

– Mercury

5. Subpart F

- Vinyl Chloride

6. Subpart H

- Radionuclides: DOE Facilities

7. Subpart I

- Radionuclides: NRC and Federal Facilities

8. Subpart J

- Benzene

- Fugitive Emission Sources

- Equipment Leaks; except 61.112(c)

9. Subpart K

- Radionuclides: Elemental Phosphorus Plants

10. Subpart M

- Asbestos

11. Subpart V

- Volatile Hazardous Air Pollutants

- Fugitive Emission Sources

- Equipment

Leaks; except 61.242

- 1(C)(2) and 61.244

030.106 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCEDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

56 CATEGORIES (Adopted 10/22/97; Revised 8/28/08)

40CFR, Part 63

, National Emission Standards for Hazardous Air Pollutants for Source Categories (as listed below), along with all duly promulgated revisions, are herewith adopted by

reference:

1. Subpart A

- General Provisions (63.1

- 63.15)

2. Subpart B

- Requiremen ts for Control Technology D Determinations for Major Sources in Accordance with Clean Air Act Sections, 112 (g) and 112 (j) (63.40

- 63.44), and (63.50

- 63.56)

3. Subpart M

- National Perchlorethylene Air Emission Standard for Dry Cleaning Facilities ( 63.320

- 63.325)

4. Subpart N

- National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (63.340

- 63.347)

5. Subpart O

- Ethylene Oxide Emissions Standards for Sterilization Fac ilities (63.360

- 63.367)

6. Subpart R

- National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) (63.420

- 63.429)

7. Subpart T

- National Emission Standards for Halogenated Solvent C leaning (63.460

- 63.469)

8. Subpart KK

- National Emission Standards for the Printing and Publishing Industry (63.820

- 63.831)

9. Subpart BBBBBB

– National Emission Standards for Hazardous Air Pollutants for
Source Categories: Gasoline Distribution Bulk Ter minals, Bulk Plants and Pipeline Facilities (63.11080

– 63.11100)

10. Subpart CCCCCC

– National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities (63.11110

- 63.11132)

11. Subpart HHHHHH

- National Emission Stand ards for Hazardous Air Pollutants:
Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources (63.11169

– 63.11180)

12. Subpart OOOOOO

- National Emission Standards for Hazardous Air Pollutants:
Flexible Polyurethane Foam Fabrication Operati ons (63.11414

– 63.11420)

13. Subpart VVV

- National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works (63.1580

– 63.1595)

14. Subpart WWWWW

- National Emission Standards for Hospital Ethylene OxideDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

57 Sterilizers (63.10382

– 63.10448 )

15. Subpart WWWWWW

- National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations (63.11475

– 63.11512)

16. Subpart XXXXXX

- National Emission Standards for Hazardous Air Pollutants:

Area Source Standar ds for Nine Metal Fabrication and Finishing Source Categories (63.11514

– 63.11523)

17. Subpart ZZZZ

- National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (63.6580

– 63.6675)

030.107 HAZARDOUS AIR POLLUTANTS (Adopted 10/24/90, Revised 5/24/95, 10/25/95)

A. Asbestos Sampling and Notification

No permit for the demolition or for the renovation of any NESHAP regulated facility may
be issued by any public agency within the Health District until such time as a n asbestos
survey, conducted by a person qualified to make such a survey, is made on the premises.
No potential asbestos containing materials may be disturbed until such a survey is
performed. The person performing the survey must possess U.S. EPA AHERA

c

ertification. The survey must be completed to the satisfaction of the Control Officer or
additional samples may be required. A complete, signed copy of an asbestos survey
report must be filed at the Washoe County District Health Department and an "Asbest os Assessment Acknowledgment Form" obtained before any permit for demolition or
renovation, as noted above, is issued. Failure to conduct an asbestos survey, or obtain
a completed "Asbestos Assessment Acknowledgement Form", may result in a citation or

o

ther enforcement action, including the issuance of a stop work order if a reasonable
possibility for the release of asbestos fibers exists. If the survey indicates the presence of
asbestos, the permit applicant must adhere to the requirements of Sections 030.105 and
this section prior to and during the removal of any asbestos. The owner, operator or his
representative shall submit to the Control Officer notice of intent in compliance with 40
CFR 61.145. Such notice shall be required for the following ope rations:

1. All renovations disturbing regulated asbestos containing materials (RACM)

which exceed, in aggregate, more than 160 feet square, 260 lineal feet or 35

cubic feet whichever is most restrictive.

2. Notice shall be required for any building demolition, including single residential
dwellings.

This notification shall contain all information as requested by the Control Officer, including
a plan of action as to the methods and techniques to be used for removal. Standard fees
as set by the Bo ard Of Health must be submitted with all such notifications before they

can be considered valid.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

58 B. Asbestos Control Work Practice

For the purposes of this regulation, in addition to the requirements of the NESHAP,
acceptable work practices for RACM r emoval shall include, but are not limited to,
adequate wetting, containment of materials in glove bags or containment areas, negative
air systems, decontamination areas, double bag disposal or other methods as required by
the Control Officer. Acceptable w ork practices for commercial ACM roofing removal shall
include adequate wetting of the material and removal in covered chutes. As an
alternative, ACM roofing materials may be removed by bagging or careful wrapping and
lowering. The Control Officer may re quire separate removal of friable roofing materials
prior to demolition. All asbestos removal work which is done with barriers isolating the
work area shall include transparent viewing ports which allow observation of stripping and

removal of ACM from out side the barrier. Sufficient view ports shall be installed to make
at least 90 percent of the work area visible from outside the barrier, except in unusual
situations as approved by the Control Officer. Air clearance testing after removal work is
complete may be required by the Control Officer for the protection of public health.

C. Asbestos Contamination And Abatement

Under no condition may any person store, remove, transport or destroy any asbestos
containing materials in a manner which is likely t o release asbestos fibers into the
atmosphere. Safe asbestos removal work practices, sufficient to prevent a danger to
public health as defined below, shall be required for any remodeling or demolition of
NESHAP regulated facilities which disturbs any qua ntity of RACM. The Control Officer
may require cleanup or abatement of damaged or degraded asbestos containing
materials where their storage, handling or continued presence represents a danger to
public health. Unsafe work practices or danger to public h ealth as noted above shall be
concluded only when testing results demonstrate asbestos levels exceeding one of the following limits: 1) 0.01 asbestos fibers per cubic centimeter as determined by any

method of air sampling as specified by the Control Office r; or 2) greater than one percent

asbestos as determined by vacuum, bulk or wipe sampling of surfaces. The Control
Officer may require such sampling to be performed at the owners expense by a qualified
person when unsafe work practices or a danger to publ ic health are suspected. The
Control Officer shall approve procedures for sample collection, including the type of
sampling as listed above, sample duration and volume, or analytical methods, such as
the use of TEM or PCM depending on the type of suspecte d contamination and building
materials present. Failure to use acceptable work practices during RACM removal or
disturbance may result in the issuance of a stop work order, a citation, or both.

030.108 PROHIBITION ON USE OR SALE OF ASBESTOS

- CONTAINING M ATERIALS FOR

SURFACING, LANDSCAPING OR PAVING (Adopted 9/27/00)

The Control Officer may require testing for the asbestos content of any material represented as
being suitable or used for surfacing, including landscaping or paving operations. For the

purp oses of this regulation, surfacing means the act of covering any surface used for pedestrian,

vehicular, or non

- vehicular travel; or decoration, including, but not limited to, roads, road
shoulders, streets, access roads, alleys, lanes, driveways, parking lots, playgrounds, yard areas,
trails, squares, plazas, and fairgrounds.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

59 A. Effective October 1, 2000, no person shall import, use, sell, supply, or offer for sale or
supply in Washoe County, any of the following materials for surfacing, including

landsc aping or paving operations:

1. Serpentine or serpentine rock material,

2. Any rock material that has been tested and found to have an asbestos content of
0.25 percent or more. The asbestos content of rock materials shall be determined
using Californ ia Air Resources Board Test method 435, or an equivalent method
approved by the Control Officer.

B. After October 1, 2000, any existing supplies of materials listed under A (1) or A (2) may

only be sold for use in locations outside of Washoe County.

030.109 FEE FOR ASBESTOS SAMPLING

If the Control Officer deems an onsite sampling evaluation for asbestos is necessary for
investigation or enforcement action on the improper removal, storage, demolition or disposal of

asbestos

- containing materials, the owner o f the property shall pay a fee per sample set by the

District Board of Health.

030.110 Before issuance of an authority to construct, an applicant for any new major stationary source or
major modification shall meet all general registration requirements, a nd, depending upon
location, meet all the requirements set forth in Sections 030.500 and 030.600

.

030.140 If at any time prior to issuing a Permit to Operate, the Control Officer determines that the
proposed construction, installation, alteration or estab lishment of the source:

A. Will not be in accordance with the provisions of the plans, specifications and other design
criteria submitted with the registration application;

B. Is being done before receiving an authority to construct;

It shall be cons idered a violation of these regulations and, in addition to a notice of violation, the
Control Officer may issue a stop work order prohibiting the construction, installation or alteration

or establishment of the source.

030.1401 A person served with a sto p work order shall immediately stop all activities specified in the stop
work order. Service of the stop work order shall be done in the manner outlined in Section

020.030

.

030.1402 A stop work order shall specify the reasons for the issuance.

030.1403 A person served with a stop work order may apply to the Control Officer for its revocation, setting
forth the reasons he believes the stop work order is no longer valid. The Control Officer must
take final action on an application for revocation of a stop work order within twenty

- four (24)

hours after receipt of the application. If the Control Officer finds that the reasons for which theDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

60 stop work was issued no longer exist, he shall revoke the order immediately. If the Control

Officer finds that the reas ons for which the stop work order was issued still exist, he shall furnish
a written statement of his reasons to the person concerned.

030.1404 Any person aggrieved by the issuance or affirmance of a stop work order by the Control Officer
may appeal to re view the actions of the Control Officer in issuing the stop work order. An appeal
to the Hearing Board does not vacate the effect of the stop work order. A stop work order may
only be removed or vacated by the Control Officer, the Hearing Board, the Dist rict Board of

Health or court action.

WASHOE COUNTY PERMIT TO OPERATE REQUIREMENTS

030.200 PERMIT TO OPERATE (Amended 10/20/93, Revised 10/25/95)

Any source with the potential to emit two pounds per day of any criteria pollutant or one pound
per day o f any toxic pollutant shall be required to obtain and hold a Permit to Operate.

A person shall not cause, suffer or allow the operation of any equipment or process requiring a
Permit To Operate, except those specifically exempted by these regulations, wi thout a valid
permit issued by the Control Officer. Any new source required to obtain a Part 70 permit under

Section 030.905 of these regulations must obtain a permit prior to beginning operation of
equipment. Sources in existence on the date of EPA Part 70 program approval which meet the
applicability criteria in Section 030.905 shall submit applications as specified in Regulation

030.900

.

030.210 PERMIT TO OPERATE ISSUANCE (Revised 10/25/95)

The Permit to Operate will be issued when the Control Offic er determines:

A. All registration requirements have been fulfilled;

B. The source can be operated in compliance with all local, state and federal regulations;

C. The source will not interfere with the attainment or maintenance of the Ambient Air

Qua lity Standards; and

D. The proper fees, as established by the District Board of Health, have been paid.

1. Sources emitting less than 730 pounds of total pollutants per year will be
assessed a flat rate permit to operate fee as set by the District Boa rd of Health.

2. A 50% reduction in the permit to operate fee will be allowed for any source around which fewer than fifty (50) people reside within a twenty

- five (25) mile radius,

including those residing at the site of the source, if the emissions are not significant (Table 4)

.

030.215 Nothing contained herein exempts any person in control of, or responsible for any article,District Board of Health Regulations Governing Air Quality Management
Updated 06/11

61 machine, structure or process for which a Permit To Operate has been issued pursuant to these
regulations from the responsibilit y of complying with the regulations, with all applicable control
strategies contained in the approved State Implementation Plan which limits, either directly or
indirectly, the emission of air contaminants into the atmosphere and with all national, state a nd
local ambient air quality standards.

030.216 ALTERATION OR FALSIFYING OF PERMIT

No person may deface, alter, forge, or falsify any permit issued under these regulations.

030.217 PERMIT CONDITIONS

To assure compliance with all applicable state, loc al and federal regulations, the Control Officer
may impose written conditions of operation including, but not limited to, restrictions on emissions
outputs, operating times and process temperatures on any permit. The Control Officer may,

after notice and consultation with the permittee, add or amend written conditions on any existing
source permit to assure compliance. When operating permit conditions are changed, the Control
Officer shall specify a reasonable time period for these changes to take effect. Commencing
work or operation under such a permit shall be deemed acceptance of the conditions so
specified. The permittee may appeal these conditions to the Control Officer in writing within ten (10) days of the notice of changes to the conditions in th e permit. Until such an appeal is heard, however, all operations shall be subject to the conditions specified on the permit. (Also see

030.240

- 030.260 ).

030.2175 OPERATIONS CONTRARY TO PERMIT (Amended 10/20/93)

No person may operate equipment contra ry to the permit conditions specified on the Permit to
Operate for that equipment. Violation of the conditions of a permit to operate shall constitute a
major violation under the provisions of Section 020.040 and Section 020.042 , or both of these
regulati ons, and may constitute grounds for immediate suspension of the permit.

030.218 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 Perm it 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, e quipment engineering and design specifications or chemical
product consumption. Requested data must be provided in a timely manner, as specified by the
Control Officer. Failure to provide this data as requested by the Control Officer constitutes a

violat ion of the conditions of the Permit to Operate, and the affected source would be subject to a
citation under these regulations, suspension of their Permit to Operate or both.

030.219 EMISSION STATEMENTS for sources which emit or may emit NOx or reactive V OCs (Adopted 9/23/92)

In accordance with sections 182(a)(3)(B) and 184(b)(2) of the 1990 Clean Air Act Amendments

owners or operators of any source operation which emits or has the potential to emit 25 tons perDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

62 year or more of oxides of nitrogen (Nox) o r reactive volatile organic compounds (VOCs) shall

provide the Control Officer with a written statement, in such form as the Control Officer
prescribes, showing actual emissions of NOx and VOC's from that source. The statement shall

contain emissions for the time period specified by the Control Officer. The statement shall also
contain a certification by a responsible official of the company that the information contained in
the statement is accurate to the best knowledge of the individual certifying the statement. The
first statement will cover 1992 emissions and shall be submitted to the District by April 1, 1993.
Statements shall be submitted annually thereafter by April 1st.

030.220 The Control Officer may issue a temporary Permit to Operate, on a c onditional basis, to any new
or existing single source requiring some reasonable time for initial testing or to any existing
source which is not in compliance with applicable emission limitations, but which has a
compliance schedule or variance approved by the District Board of Health.

030.221 TEMPORARY PERMIT TO OPERATE NEW OR MODIFIED EQUIPMENT

A. New Equipment

- A person shall notify the Control Officer before operating or using any
new equipment for which an Authority to Construct has been granted. Upon such
notification, the Control Officer may choose to grant permission for the operation of such
equipment with the authority to construct deemed as being a temporary permit to operate.
The Control Officer may also choose to impose additional conditio ns to the Temporary
Permit to Operate before start

- up, or may require a complete new application for a permit
to operate. The equipment must not be operated in a manner contrary to the conditions
specified in the Temporary Permit to Operate.

B. Modified Equipment

- A person shall notify the Control Officer before operating or using
any modified equipment for which an Authority to Construct has been granted. Upon
such notification, the Control Officer may grant permission for the operation of such
equipm ent with the Authority to Construct deemed as being a temporary permit to operate
for that newly modified equipment. If the modification is an additional control device for
reducing pollutant emissions, the continued operation of that control device shall be
required for the operation of the plant as a whole. In no case may the equipment be
operated in a manner contrary to the conditions specified in the authority to construct.

030.225 Each Permit to Operate shall be renewed annually, and each renewal m ust be accompanied by
the appropriate fee. Any change in emissions or operation must be noted in the renewal.

030.228 METHODS TO DETERMINE SOURCE EMISSION RATES

The Control Officer shall use accepted engineering practice to determine source emission ra tes for the purposes of establishing annual permit renewal fees, new source control technology
requirements or in taking enforcement action. These methods may include, but are not limited
to, the use of emission factors from approved publications such as "AP

- 42 COMPILATION OF
AIR POLLUTION EMISSION FACTORS" published by the U.S. EPA, stack emissions surveys,
or mass balance emissions calculations. It is the burden of the source operator to provide
satisfactory scientific evidence of different emission r ates if the operator wishes to dispute the
findings of the Control Officer.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

63 030.230 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 equi pment 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 Dist rict regulations. The permittee shall also record any times or
occasions when the emissions control equipment is not in operation due to equipment failure,
maintenance or any other reason.

030.235 REQUIREMENTS FOR SOURCE SAMPLING AND TESTING

To determi ne 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. Al ternatively, and after
consultation with the permittee, the Control Officer may require that testing be reviewed and
overseen by an independent third party of the Control Officer's selection to insure the quality and
accuracy of the test results. The Cont rol Officer may also require other types 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 of a permit to operate. The Control Officer may require that all costs of
any testing required under this section be borne by the operato r or source owner.

030.240 A person who has been granted a Permit to Operate shall display the permit in a room or office
on the premises which is readily accessible to air pollution control personnel for inspection or
examination, and reasonably close to the equipment or other contrivance which is the subject of
the permit.

030.245 A Permit to Operate is not transferable, by operation of law or otherwise, from one location to
another, or from one piece of equipment or process to another but may be transf erred from one
person to another upon approval of the Control Officer and payment of a transfer fee set by the District Board of Health. (Revised 4/22/98)

The new permit holder is entitled to use the permit until expiration at no further cost. It is unl aw ful

t o deface, alter, forge, counterfeit, or falsify any Permit to Operate issued by the Control Officer.

030.250 Permits to Operate are subject to suspension or revocation for violation of these regulations. If
the Control Officer determines that a perm ittee is in violation, or has had two (2) or more written

Revocation of a Permit violations in a 365 day period, he may serve upon the permittee, at the
address given on the Registration Application, through personal service or certified mail, a Notice

of Suspension or to Operate, setting forth in detail the violations charged, The suspension or revocation becomes final and effective ten (10) days after service of the written notice and the

Permit To Operate shall thereupon be surrendered to the Control Of ficer unless the permittee files with the Hearing Board, in writing, within ten (10) days of receipt of the notice of suspension

or revocation pending the decision of the District Board of Health. The Hearing Board shall meet
to hear the appeal no later t han thirty (30) days after receiving the appeal.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

64 030.255 If a Permit to Operate is suspended, reinstatement may be accomplished by submitting to the
Control Officer sufficient evidence for him to determine if the reason for which the permit was
suspended has been corrected.

030.260 If a Permit to Operate is revoked, all fees paid shall be forfeited. Reinstatement of a revoked
permit must be accompanied by a new registration application and payment of the annual fee. In

such cases, the date of the reinst atement becomes the annual renewal date.

030.265 EMERGENCY TEMPORARY SUSPENSION OF PERMIT TO OPERATE

If the Control Officer determines that the emissions or operations of a source represent a hazard
to public health, or an imminent risk to public welfar e, he may issue an emergency closure order
or an emergency suspension of the Permit to Operate. The Control Officer's decision shall be
based upon the best medical and scientific information available to him at the time of his
decision. The operator of a ny source so ordered shall cease all emissions as soon as safely
practicable, and shall not resume operations until the cause of the hazard or risk has been
eliminated, and the Control Officer approves of the resumption of operations. An emergency

closure order issued under these regulations may be immediately appealed to the District Board of Health, and the Board shall provide the opportunity for a hearing within three (3) working days

of the date of the request therefore. If no hearing is provided with in that time, the operator may
immediately seek judicial review of the suspension order.

030.270 SUSPENSION OF PERMIT TO OPERATE FOR REPEATED VIOLATIONS

A Permit to Operate will be automatically suspended if the permittee committed five (5) or more

viol ations of these regulations in a 365

- day period. The suspension becomes effective ten (10)

days after the District Board of Health has upheld the fifth violation and may not be appealed.
The permit may be reinstated only after the Control Officer and the District Board of Health have

received evidence that the cause of the violations has been corrected.

030.280 SUSPENSION OF PERMIT TO OPERATE FOR FAILURE TO PAY FINES

A Permit to Operate will be automatically suspended if the permittee fails to pay admi nistrative
fines levied for violations of these regulations. The suspension becomes effective 45 days after
the District Board of Health has upheld the fine and may not be appealed. The permit will be
reinstated only after any and all administrative fine s have been paid in full.

FEES AND FEE SCHEDULES

030.300 EXEMPTIONS (Amended 11/16/94; Text Deleted in its entirety by DBOH 10/25/2007, Effective January 1, 2008)

030.304 DUST CONTROL PLAN (Revised 4/22/98)

Fees for the processing of dust control pla ns shall be set by the District Board of Health for
projects where the area disturbed exceeds one acre.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

65 030.305 PLAN REVIEW (Amended 10/20/93)

Plan review fees shall be charged for review of Authority to Construct applications. Fees for
new, existing o r modified sources shall be set by the District Board of Health. Separate fees for
emission sources requiring Part 70 Permits under section 030.905, shall be set by the Board of

Health.

030.310 PERMIT TO OPERATE (Amended 10/20/93)

Except as otherwise p rovided in Section 030.3101 and 030.3102 , Permit to Operate fees are as
set by the District Board of Health. The District Board of Health shall increase the permit fee rate
each year by an amount equal to or greater than the Federal Consumer Price Index. This
increase shall be made before the beginning of each calendar year.

030.3101 STORAGE TANKS

The fee for stationary tanks, reservoirs or other containers of more than 40,000 gallons capacity
containing any liquid have a Reid vapor pressure of 1.5 pou nds per square inch or greater under
conditions of storage is as set by the District Board of Health.

030.3102 HAZARDOUS MATERIAL PROCESSES (Adopted 6/27/90, Revised 4/22/98)

Any operations which emit more than one pound per day of hazardous air pollut ants, including
those pollutants set forth in the National Emission Standards for Hazardous Air Pollutants and

those substances listed in Section 030.400 , shall be assessed an annual hazardous air pollutant
emission fee set by the District Board of Health. For sources also currently requiring operating
permits, the fees will be assessed concurrently with those operating permits. Persons
performing asbestos removal operations under the requirements of the National Emission

Standards for Hazardous Air Pollu tants shall pay an inspection fee as set by the District Board of
Health. All inspection fees will be assessed at the time of NESHAP notification.

030.320 The fee for transfer of a Permit to Operate is as set by the District Board of Health.

030.330 The cost of replacement of a lost or destroyed Permit to Operate is as set by the District Board of

Health.

030.335 LATE PERMIT FEE ASSESSMENT (Adopted 9/25/03)

The owner or operator of a source who does not submit the annual permit to operate fee by the

sp

ecified due date will be assessed a late penalty in the amount of 25 percent of the amount of the
total fee due. The late fee must be paid in addition to the annual fee.

TOXIC OR HAZARDOUS AIR POLLUTANTS

030.400 TOXIC AIR POLLUTANTS LISTING (Adopted 6/ 27/90)

For the purpose of toxic air contaminant determinations and other definitions identifying harmful

non

- criteria air pollutants, the Board of Health adopts by reference, the listing of toxic airDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

66 pollutants contained in the Clean Air Act amendments o f 1990.

The Control Officer may, from time to time, review and update the toxics list. Any alteration of
the list by the Control Officer must be accompanied by a written explanation of the need for the
change and the basis for his decision.

030.410 NEW SOURCES EMITTING TOXIC AIR POLLUTANTS (Adopted 6/27/90)

A. New or modified air pollution sources which emit any contaminant listed in Section
030.400 must obtain a Permit To Operate and use the Best Available Control Technology (BACT) to control the co ntaminants emitted. The operator must then perform a risk

assessment to determine the increased health risk associated with the emissions from
the new facility after the BACT controls. The assessment must be performed using
techniques specified by the Co ntrol Officer. If preliminary analysis of the application
indicates the cancer risk will be less than one in one million and projected emissions are
unlikely to cause adverse health effects, the Control Officer may exempt the source from
the requirements of this section. Any exemption issued by the Control Officer must be
documented in the source's permit file.

B. For any source with a predicted risk exceeding one in one million after BACT controls are
applied, additional controls must be applied to red uce the projected cancer risk to below
one in one million before the source is granted authority to construct.

C. For sources processing, consuming or producing but not normally emitting listed
substances, information stating which listed substances will be found, the quantities to be
stored or consumed and maximum potential emissions in a catastrophic release must be
provided with the application for a permit to construct the source.

D. For any new source required to prepare a risk analysis under the r equirements of this
section, the Control Officer shall publish a notice by prominent advertisement in at least
one newspaper of general circulation within the District, stating the preliminary decision of
the Control Officer. The information submitted by the source (less any data determined to

be confidential trade secrets in accordance with Section 020.055 of these (regulations)

will be made public. Any report of analysis made by the Control Officer reviewing these

materials shall also be made available to the public at that time. The notice shall allow at
least 30 days for the public to submit written comments on the preliminary decision. The
Control Officer shall consider all public comments received during the comment period
before taking final actio n on the application to construct the source or Permit to Operate.
The costs of publication shall be borne by the applicant.

030.420 REVIEW OF EXISTING SOURCES OF TOXIC AIR POLLUTANTS (Adopted 6/27/90)

Existing sources of toxic air pollutants listed i n Section 030.400 may be required to perform
screening risk assessments or to demonstrate compliance with any State Of Nevada, Federal or
District ambient pollutant standards. Any risk assessments must conform to the requirements
established by the Contro l Officer. If the source's predicted cancer risk exceeds one in one
million, fails to meet any ambient standard, or shows quantities of emissions likely to cause

observable health effects, emissions control sufficient to reduce concentrations below theseDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

67 criteria must be applied.

030.450 ESTABLISHMENT OF AN INVENTORY OF TOXIC AIR EMISSIONS (Adopted 6/27/90)

The Control Officer shall establish an inventory of sources of toxic air emissions as defined in

Section 030.400 . This inventory must contain esti mates of the toxic air contaminant
contributions from all identifiable sources, including area and industrial sources. This listing shall
be complete by September 1, 1990 and shall be updated and revised every two years. The

information contained in this inventory is a public record.

030.460 STRATOSPHERIC OZONE PROTECTION PLAN (Adopted 6/27/90)

The Control Officer shall review the scientific literature and identify those contaminants deemed
harmful to the stratospheric ozone layer. An inventory of em issions of these contaminants shall
be prepared by September 1, 1990. The inventory must contain estimates of emissions from
major identifiable sources including area and industrial sources. The Control Officer shall review
the inventory and make recomme ndations to the District Board of Health on feasible strategies to

reduce emissions of these substances.

030.480 TREATMENT OF HAZARDOUS OR TOXIC WASTE MATERIALS (Adopted 6/27/90)

Solid or liquid waste which must be treated to remove hazardous or toxic chemicals prior to
disposal, release, or public use shall not be decontaminated by ventilation of those hazardous or
toxic chemicals to the atmosphere. This includes, but is not limited to, waste regulated under RCRA (Resource Conservation and Recovery Ac t) or contaminated with materials designated as

toxic under USEPA or state regulation. All emissions of these substances must pass through an
approved control device before discharge to the atmosphere. Any operator treating these
materials must register as an air pollution source with the Control Officer and must use the Lowest Achievable Emission Rate control technology (LAER) as specified in Section 030.700

.

FEDERAL NEW SOURCE REVIEW (NSR)

030.500 NEW SOURCE REVIEW (NSR) APPLICABILITY

A major new so urce or major modification which would locate in an area designated as
nonattainment for a pollutant for which the source or modification would be major shall not be
allowed to construct unless the stringent conditions set forth below are met. These condi tions
are designed to insure that the new source's or modification's emission will be controlled to the greatest degree possible, that more than equivalent offsetting emission reductions ("emission offsets") will be progress toward achievement of the natio nal ambient air quality standards. For
the purposes of this part, a reconstructed source shall be treated as a new stationary source.
Since major facility definition and requirements vary upon State and EPA area designations, a

map (Figure 1) is included to facilitate the determination of which requirements must be met.

030.502 REVIEW FOR EMISSION LIMITATION COMPLIANCE

Authority to construct any new source or modification shall be denied unless the new source or
modification meets all applicable emissi on requirements in the Nevada State ImplementationDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

68 Plan (SIP), all applicable Federal New Source Performance Standards, and all applicable

National Emission Standards For Hazardous Air Pollutants.

030.503 CONDITIONS FOR APPROVAL (Amended 7/28/93, Revised 10/25/95)

If a major stationary source or major modification would be constructed in an area designated as
nonattainment for a pollutant for which the stationary source or modification is major, an
Authority to Construct shall be denied unless the follo wing conditions are met:

Condition 1 The new source or modification is required to meet an emission
limitation which specifies lowest achievable emission rate for such

source.

Condition 2 The applicant must certify that all existing major sources owned or operated by the applicant for any entity controlling, controlled by, or
under common control of the applicant in the State of Nevada are in
compliance with all applicable emission limitations and standards under the Clean Air Act (or are in compliance with an expeditious schedule which is federally enforceable or contained in a court decree).

Condition 3 Emission reductions ("offsets") from existing sources in the same

nonattainment area as the proposed new source or modification (whether or not under the same ownership) are required such that they

shall not interfere with or contribute to the interference with the
attainment of the applicable National Ambient Air Quality Standards. Only intrapollutant emission offsets will be acceptable (e.g.

hydroca rbon increases may not be offset against SO 2 reductions). All

emission reductions for the purpose of offsets shall be enforceable

under the Clean Air Act.
The terms of the offset emission reductions shall be specified and
federally enforceable prior t o permit issuance.

All offset emissions reductions shall be, by the time a new or modified
source commences operation, in effect and enforceable and shall
assure that the total tonnage of increased emissions of the air pollutant

from the new or modifi ed source shall be offset by an equal or greater

reduction.

All offset emissions reductions must be obtained from decreases in

actual emissions from the same or other sources in the area. No
emissions reductions otherwise required by the Clean Air Act or other
regulatory action my be credited for the purpose of meeting offset
requirements.

Condition 4 The emission offsets will provide a positive net air quality benefit in the
affected area. Atmospheric simulation modeling is not necessary for

volati le organic compounds and NOX. Fulfillment of Condition 3 and

Section 030.504 of these regulations will be considered adequate toDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

69 meet this condition.

Condition 5 The applicant must perform an analysis of at least two (2) alternative

sites for the facili ty, production processes, and environmental control
techniques. This analysis must demonstrate that the benefits of the
proposed source significantly outweigh the environmental and social
costs imposed as a result of its location, construction or modifica tion.

Condition 6 The Control Officer shall also require the review of any Major Stationary
Source or Major Modification subject to New Source Review under this
section that may have an impact on visibility in any mandatory Class I

Federal area. Such vi sibility review will ensure the source's emissions
will be consistent with making reasonable progress toward State and
National visibility goals.

Condition 7 The Administrator has not made a determination that the applicable
implementation plan is not be ing adequately implemented for the
attainment area in which the proposed source is to be constructed or

modified.

Condition 8 The proposed major source or major modification shall not contribute to
nonattainment in, or interfere with maintenance by, any other State with
respect to any national ambient air quality standard, or interfere with
measures required to be included in the applicable implementation plan
for any other State with respect to prevention of significant deterioration
of air quality or to protect visibility.

All emission limitations shall be assessed in light of the limits of "good engineering practice" on
stack heights as specified in Section 030.614

.

Any major stationary source or major modification commencing construction without a n Authority
to Construct shall be subject to an enforcement action. Obtaining an Authority To Construct
does not relieve the owner from complying with any applicable local, state or federal regulation.

At such time that a particular source or modificati on becomes a major stationary source or major
modification solely by virtue of a relaxation in any enforcement limitation which was established
after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant,

such as a res triction on hours of operation, then the requirements of regulations approved
pursuant to this section shall apply to the source or modification as though construction had not
yet commenced on the source or modification. All permits issued by the Control officer shall
comply with all applicable terms of the State Implementation Plan for the non

- attainment area in

which the source is to be constructed.

030.504 EMISSION OFFSET RATIOS (Amended 7/28/93)

Emission reductions required under Section 030.503 sh all be offset at a ratio of 1.2 to 1 when the offset sources are five (5) miles or less from the new source or modification. For offsetDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

70 sources that are greater than five (5) miles from the new source or modification, the applicant

shall determine an offs et ratio based on atmospheric simulation modeling or an equivalent
method to ensure a positive net air quality benefit. In no case shall the offset ratio for source
located greater than five miles from the proposed project be less than 1.2 to 1. Non

- reac tive organic compounds (those which are listed in 40 CFR 51.100(s)) cannot be used for offsets.

030.505 COMPLETENESS OF APPLICATION

Following submittal by the applicant, the Control Officer shall determine whether the application
for permit to construc t is complete not later than thirty (30) calendar days after receipt of the

application, or after such longer time as both the applicant and the Control Officer may agree.
Such determination shall be transmitted in writing immediately to the applicant at the address
indicated on the application if it is determined to be incomplete, the determination shall specify
which parts of the application are incomplete and how they can be made complete. Upon receipt
by the Control Officer of any re

- submittal of the application, a new thirty (30) day period in which

the Control Officer must determine completeness shall begin. Completeness of an application or
resubmitted application shall be evaluated on the basis of the guideline for such, published by

the Control O fficer. After acceptance of an application as complete, the Control Officer shall not
subsequently request of an applicant any new or additional information which was not specified
in the Control Officer's list of items to be included within such applicat ions. However, the Control
Officer may, during the processing of the application, request an applicant to clarify, amplify,
correct or otherwise supplement the information required in such list in effect at the time the
complete application was received. Making any such request does not waive, extend, or delay
the time limits in this section for decision on the completed application, except as the applicant
and Control Officer may both agree.

030.506 REQUIREMENTS FOR PUBLIC NOTICE (Amended 7/28/93, Rev ised 10/25/95)

For those sources subject to Section 030.500, following acceptance of an application as
complete, the Control Officer shall:

A. Perform the evaluations required to determine compliance with this section and make a
preliminary written dec ision as to whether an Authority to Construct should be approved,
conditionally approved, or disapproved. The decision shall be supported by a succinct
written analysis;

B. Within ten (10) calendar days following such decision, publish a notice by promi nent advertisement in at least one (1) newspaper of general circulation in the County, stating

the preliminary decision of the Control Officer and where the public may inspect the
information required to be made available. The notice shall provide thirty (30) days from

the date of publication for the publication for the public to submit written comments on the
preliminary decision;

C. At the time notice of the preliminary decision is published, make available for public
inspection at the District office the information submitted by the applicant, the supporting
analysis for the preliminary decision to grant or deny the Authority to Construct, including
any proposed permit conditions, and the reasons therefore. The confidentiality of tradeDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

71 secrets shall b e considered in accordance with Section 020.055 of these regulations;

D. No later than the date of publication of the notice, a copy of said notice and any
appropriate data is to be sent to the Nevada Department of Conservation and Natural

Resources Divi sion of Environmental Protection, the regional planning authority of
Washoe County, local government offices, any Indian governing body whose lands may
be affected by facility emissions, any Federal Land Manager whose lands may be affected (including visib ility effects) and the Regional Office of the U.S. Environmental

Protection Agency; and

E. Applicant to bear cost of all public notices under this section and Section 030.508

.

F. The Control Officer shall contact any Federal Land Manager whose lands ma y be
affected for comments on the proposed project within 30 days after the application has
been deemed complete. This shall be for the purpose of obtaining comments on the
proposed scope of review for affected lands and species.

030.507 COMMENTS

The C ontrol Officer shall consider all written comments submitted during the thirty (30) day public

comment period.

030.508 FINAL ACTION (Amended 7/28/93)

Within 180 days after acceptance of the application as complete and the completion of all
required pre construction monitoring and public notice periods (including those required under the District's Part 70 Permit regulations), the Control Officer shall take final action on the application

after considering all written comments. The Control Officer shall provide written notice of the
final action to the applicant, the U.S. Environmental Protection Agency, other Affected States
and the Nevada Department of Conservation and Natural Resources and shall publish such
notice in a newspaper of general circulation . The notice and all supporting documents shall be
made available for public inspection during normal business hours.

PREVENTION OF SIGNIFICANT DETERIORATION (PSD) (Revised May 24, 2007)

SECTION A

- GENERAL

1. PURPOSE: To govern and control emissions from new large industrial air pollution sources and
certain types of modifications to those sources which will be located in areas designated as
attainment for pollutants for which the source is or will be a "major" emitter. This regulation is
designed to ensure that emissions from the new source or modification will be controlled by implementing the "Best Available Control Technology (BACT)" as required to prevent significant

degradation of air quality and ensure the area will continue to meet the national ambient air quality
standards. This regulation implements the federal New Source Review PSD requirements.

2. APPLICABILITY: This regulation ( 030.600 ) shall apply to all new major stationary sources and all

major modifications to existing major sources w hich are subject to District permit requirements andDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

72 which after construction emit or may emit one or NSR regulated pollutants. Sources to be located
in an area within Washoe County which has been classified as nonattainment pursuant to 40 CFR

81.329, shal l also meet the applicable requirements of Regulation 030.500 . In addition, this regulation ( 030.600 ) shall apply to the following:

a. Any major stationary source requesting a plant

- wide applicability limitation (PAL).

b. Any major stationary source tha t has been issued a (PAL), but which now seeks to allow

the PAL to expire without renewal.

To determine if a proposed project is subject to this regulation, the applicant must determine if the
project will result in both a significant emissions increase a nd a significant net emissions increase.
Definitions for all terms necessary to make this determination are provided in 40 CFR 52.21. As
an aid to the applicant, the following citations are provided to determine if a project will result in

emissions incr eases subject to this regulation:

a. An emissions increase or a net emissions increase for a project shall be determined by the procedures specified in 40 CFR 52.21 (a)(2)(iv)(b) through (d) and (f).

b. To determine the post

- project projected actual emis sions from existing units, the procedures specified in 40 CFR 52.21 (b)(41) shall be used.

c. To determine the pre

- project baseline actual emissions, the procedures specified in 40 CFR 52.21 (b)(48)(i) and (ii) shall be used.

d. Emissions increases calcu lated pursuant to this regulation are significant if they exceed the significance thresholds specified in 40 CFR 52.21 (b)(23).

e. If the project is determined not to be a major modification pursuant to the provisions of 40 CFR 52.21 (a)(2)(iv)(b) through (d) and (f), but there is a reasonable possibility that the

project may result in a significant emissions increase, the owner or operator shall comply with all of the provisions of 40 CFR 52.21 (r)(6) and (r)(7).

SECTION B

- DEFINITIONS: For the purpose of this regulation, the definitions specified in 40 CFR 52.21 (b)(1) through (54) shall apply, except that the term "reviewing authority" as used in 40 CFR 52.21 shall mean the Washoe

County District Health Department, Air Quality Management Division.

1. An NSR regulated pollutant means any pollutant for which a NAAQS has been established by EPA
and for which Washoe County air basins or other portions of the county have been classified as

attainment, as indicated in 40 CFR 81.329.

SECTION C

- STANDARDS: The following standards shall apply:

1. Upon the adoption of this regulation, the District adopts the requirements of 40 CFR 52.21 (as it existed on July 1, 2006) by reference and incorporates those requirements into this regulation.

2. The incorporated requirements of 40 CFR 52.21 shall apply to all sources and projects which meet
the applicability requirements of this regulation.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

73 3. Compliance with the requirements of 40 CFR 52.21 shall be required for any Authority To
Construct, Operating Permit, or a revision of a Permit to Operate issued to sources and facility
modifications subject to this regulation.

4. The following shall apply to any Authority To Construct permit issued under these regulations:

a. For all sources subject to this regulation as defined by 030.600 A(2) , an Authority to
Construct shall be required to construct, erect, alter or replace any equipment which may
cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. A
single Authority to Construct may be issued for all components of an integrated system or
process. Plans and specifications drawn in accordance with acceptable engineering
practices shall be required before issuance of an Authority to Construct. All
modifications, which are major modifi cations as defined in this regulation, shall require an
Authority to Construct permit prior to commencing construction.

b. An Authority to Construct is not required for the performance of routine repairs and
maintenance. This includes maintenance prescri bed by the manufacturer, replacement
of worn or broken components with like equipment, etc.

SECTION D

- ADMINISTRATIVE REQUIREMENTS: In addition to the requirements of 40 CFR 52.21 , the following
additional administrative requirements shall also apply:

1. PUBLIC NOTICE: The Control Officer shall send a copy of the public notice for any proposed
agency action regarding the application and any draft permit, to the applicant, the EPA regional
administrator and the following officials and agencies having jur isdiction over the location where
the proposed construction would occur:

a. The City or County Manager where the proposed source or modification would be

located;

b. Any local and regional planning agencies; and

c. Any state or federal land manager or I ndian governing body whose land may be affected
by emissions from the source or modification.

The Applicant is to bear cost of all public notices under this regulation.

2. PUBLIC HEARING: The Control Officer shall hold a public hearing on an application for a permit in the vicinity of the proposed source or modification if she/he receives such a request during
public comment and deems a hearing to be in the public interest. At such a public hearing, the
applicant and members of the public may submit any information relating to the application and the
air quality impacts of the proposed operations described in the application. If a hearing is to be
held, the Control Officer shall notify the public 30 days prior to the hearing by advertisement in a

newspap er of general circulation in the region where the proposed source or modification would be
constructed, of the date, time and place for the hearing.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

74 3. BUILDING PERMIT ISSUANCE: No local government authority within the Health District may
issue a building permit to any person who wishes to operate, construct, establish, or relocate or
modify any stationary source which requires an Authority To Construct or permit to operate until
the Authority to Construct or Permit to Operate has been issued by the Contro l Officer.

SECTION E

- COMPLIANCE AND RECORDS: In addition to the requirements of 40 CFR 52.21, the following
additional compliance and record requirements shall also apply:

1. RECORD REQUIREMENTS: All records required by Sections 030.600 A through 030.6 00 E shall
be maintained at the site of the facility by the operator for a period of at least 5 years. All required
records shall be provided to the Control Officer upon request.

2. COMPLIANCE DEMONSTRATIONS: The Control Officer may require the operator o f a source to
provide any applicable data to demonstrate compliance with the conditions of the Authority to Construct and/or Permit to Operate. Requested data must be provided in a timely manner, as
specified by the Control Officer. Failure to provide th is data constitutes a violation of the conditions of the Authority to Construct and/or Permit to Operate, and the affected source will be
subject to a citation under these regulations, suspension of their Permit to Operate or both.

3. PUBLIC NOTICE RECORD S: The Control Officer shall maintain all notice of decisions, any public
notice issued, or comments received for a period of 5 years from the time of issuance or denial of
any permit issued or denied under the requirements of Sections 030.600 A through 0 30.600 E

.

4. COMPLIANCE WITH OTHER RULES, LAWS AND STATUTES: Obtaining an Approval to
Construct or a permit to operate shall not relieve any owner or operator of their responsibility to
comply with applicable provisions of the Nevada State Implementation Plan and any other
requirements under local, state or federal law.

030.600 APPLICABILITY (Text deleted in its entirety by DBOH 5/24/07)

030.601 PSD APPLICABILITY TO PM

- 10 SOURCES (Text deleted in its entirety by DBOH 5/24/07)

030.602 REQUIREMENTS OF RE VIEW (Text deleted in its entirety by DBOH 5/24/07)

030.6021 SUBMITTAL OF INFORMATION (Text deleted in its entirety by DBOH 5/24/07)

030.6022 REVIEW OF CONTROL TECHNOLOGY (Text deleted in its entirety by DBOH 5/24/07)

030.6023 EFFECT ON AIR QUALITY (Tex t deleted in its entirety by DBOH 5/24/07)

030.6024 PRE

- CONSTRUCTION MONITORING (Text deleted in its entirety by DBOH 5/24/07)

030.6025 POST

- CONSTRUCTION MONITORING (Text deleted in its entirety by DBOH 5/24/07)

030.6026 ADDITIONAL ANALYSIS (Text delete d in its entirety by DBOH 5/24/07)

030.603 PUBLIC PARTICIPATION (Text deleted in its entirety by DBOH 5/24/07)District Board of Health Regulations Governing Air Quality Management
Updated 06/11

75 030.604 (Text deleted in its entirety by DBOH 5/24/07)

030.605 (Text deleted in its entirety by DBOH 5/24/07)

030.606 (Text deleted in its en tirety by DBOH 5/24/07)

030.607 RELOCATION OF PORTABLE STATIONARY SOURCES (Text deleted in its entirety by DBOH
5/24/07)

030.608 EXCLUSIONS FROM INCREMENTAL CONSUMPTION (Text deleted in its entirety by DBOH
5/24/07)

030.609 AMBIENT AIR INCREMENTS (Text deleted in its entirety by DBOH 5/24/07)

030.610 AMBIENT AIR CEILINGS (Text deleted in its entirety by DBOH 5/24/07)

030.611 PERIODIC ASSESSMENT (Text deleted in its entirety by DBOH 5/24/07)

030.612 TECHNICAL REQUIREMENTS (Text deleted in its entirety by DBOH 5/24/07)

030.613 MONITORING (Text deleted in its entirety by DBOH 5/24/07)

030.614 STACK HEIGHTS (Text deleted in its entirety by DBOH 5/24/07)

030.620 SOURCE OBLIGATION (Text deleted in its entirety by DBOH 3/23/06)

030.625 FEDERAL CLASS 1 ARE AS (Text deleted in its entirety by DBOH 5/24/07)

030.630 NITROGEN DIOXIDE INCREMENTS PROGRAM (Adopted 10/24/90; Text deleted in its entirety by DBOH 5/24/07)

WASHOE COUNTY CONTROL TECHNOLOGY REQUIREMENTS (LAER & BACT)

030.700 LOWEST ACHIEVABLE EMISSIO N RATE CONTROL TECHNOLOGY REQUIREMENTS (Adopted 12/88, Revised 10/25/95)

GENERAL

The Control Officer shall deny an Authority to Construct for any unit or units of a stationary source which fails to meet the applicable requirements of Subsection (A) or (B) of this section. Subsection (C) applies to existing sources required to mitigate emissions by adding additional

control equipment. For the purposes of this section, lowest achievable emission control technology means the more stringent of: a) the mos t effective control technique which has been achieved in practice; or b) the control technique which will result in the achievement of the most

stringent emissions limitation in effect, which the EPA certifies is contained in the implementationDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

76 plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such control techniques are not available (i.e. that such emissions limitations are not presently achievable). No control technique, the app lication of
which would result in emissions from a new or modified source greater than the amount
allowable under the applicable new source performance standards, may be considered to be the
lowest achievable emission control technology. Final determinati on of the qualifications of a
pollution control system to meet lowest achievable control technology requirements shall be
made by the Control Officer.

A. New Stationary Sources

The Control Officer shall deny an Authority to Construct for any unit or u nits constituting a
new stationary source if the source will emit more than a total of 125 pounds per day of
Nitrogen Oxides, Organic gasses, or any contaminant for which there is a National
Ambient Air Quality Standard, unless the applicant shows that the source is constructed
using the lowest achievable emission control technology. If the Control Officer
determines that the amount and type of pollutant may constitute a danger to public
health, the use of lowest achievable emission control technology may be required at
emission rates of 125 pounds per day or lower.

B. Modifications to Existing Stationary Sources

The Control Officer shall deny an Authority to Construct for any modification of any
existing stationary source if the modifications will r esult in net emissions of more than a
total of 125 pounds per day of Nitrogen Oxides, Organic gasses, or any contaminant for
which there is a National Ambient Air Quality Standard, unless the applicant shows that
the source is constructed using the lowest achievable emission control technology. If the
Control Officer determines that the amount and type of pollutant may constitute a danger
to public health, the use of lowest achievable emission control technology may be
required at emission rates of 125 pou nds per day or lower.

C. Any existing source or category of sources that is required by the Board of Health to be
modified so that their processes meet lowest achievable emission control technology
standards shall have 60 days to submit plans for constru ction of the additional control
equipment required under these regulations, and an additional time period to complete
that construction, and to have the control equipment operational, as determined by the

Control Officer.

D. Phased Construction of Sources

Any source or modification which is planned to be constructed in phases shall review the
requirements of LAER for changes at least 18 months prior to beginning construction on
the next phase.

030.750 TECHNOLOGY REQUIREMENTS FOR SOURCES EMITTING BETWEE N 10 AND 125 POUNDS PER DAY (BACT) (Adopted 3/25/92)District Board of Health Regulations Governing Air Quality Management
Updated 06/11

77 Best Available Control Technology (BACT) shall be applied to all new stationary sources or

existing sources undergoing modification with potential daily emissions between 10 and 125
pounds of any crite ria pollutant. For existing sources, BACT will only be required for the unit or
group of units being modified. Failure to apply BACT shall result in denial of the Authority to
Construct permit by the Control Officer.

GEOTHERMAL FACILITIES

- CONSTRUCTION/O PERATION

Regulatory Intent

- The intent of Sections 030.002, 030.004, and 030.800 is to regulate air pollution emissions from
geothermal sources.

030.800 GEOTHERMAL FACILITIES

- CONSTRUCTION/OPERATION (Adopted 4/89)

Notwithstanding the source registratio n requirements of the District rules, the Control Officer
shall issue an Authority to Construct, or other required documents, to any geothermal facility which meets the applicable criteria and utilizes the Best Available Control Technology (BACT).

For geo thermal facilities whose closest emission point is located at the following distances from a residential dwelling(s), so designated at the time of construction, the following parts, listed

below, shall apply:

For geothermal facilities from 0 to 1.0 kilom eters, parts A, B, C, and D shall apply.

For geothermal facilities from 1.0 to 5.0 kilometers, parts C, D, and E shall apply.

For geothermal facilities greater than 5.0 kilometers, parts C and D shall apply.

A. Power plants and geothermal fluid trans mission lines shall limit, on a continuous basis, the hydrogen sulfide emission rate to no more than 5.5 pounds per hour (2.5 kg/hr.) or 25
g/hr/GMW, whichever is less. For sources constructed prior to January 1, 1989, the

emission limitation shall be a m aximum of 5.5 pounds per hour for the entire facility.

B. Geothermal stacking emissions limitations for hydrogen sulfide: After January 1, 1991,
no geothermal facility shall emit hydrogen sulfide at an hourly rate which is greater than
the permitted hyd rogen sulfide emission rate for that facility's associated power plant.

C. In the judgment of the Control Officer, the facility must be able to readily show
compliance with all other rules and regulations limiting emissions of contaminants other
than hyd rogen sulfide.

D. For any proposed new facilities after July 1, 1989, the power plant operator and the
steam supplier shall jointly, or if the same entity, singularly, develop a proposed written
plan to limit geothermal steam stacking emissions. The pro posed plan incorporating the Best Available Control Technology (BACT), shall be submitted with the power plant application for authority to construct(s) prior to the District Health Department considering the application(s) complete for district permitting or preparation of a determination of compliance process. The plan shall: (a) identify the specific technology(ies) proposed to control said emissions; and (b) provide operating procedures for the emissions controlDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

78 system(s), clearly specifying the respec tive duties of the power plant operator and steam
supplier. Upon approval by the Control Officer, the plan shall be incorporated in the authority to construct(s), the determination of compliance, and permit(s) to operate for the

power plant and geothermal fluid transmission line.

E. Emissions from power plants and geothermal fluid transmission lines shall not exceed 12.5 pounds per hour or 100 g/hr./GMW of hydrogen sulfide, whichever is more

restrictive.

PART 70 PERMITTING REGULATIONS (Federal CAAA)

0

30.900 PART 70 PERMITTING REGULATIONS (Adopted 10/20/93)

Title V of the Act requires the issuance of special operating permits for certain classes of air
pollution sources. Sections 030.900 to 030.990, inclusive, establish the regulations under which

suc h permits shall be issued. Sources obtaining a Part 70 operating permit satisfy the
requirements of section 030.200 of the District regulations and do not need to obtain an
additional operating permit. Compliance with the provisions of the Part 70 permit shall not, of
itself, be deemed as compliance with the provisions of the Act. Unless otherwise specified in
sections 030.900 to 030.990, inclusive, sources obtaining a Part 70 operating permit shall
comply with all applicable District regulations.

These regulations for issuance of Part 70 permits become effective on the date the EPA
Administrator issues an approval for Washoe County's regulations. All existing sources subject
to Part 70 regulations shall apply for permit within six months of the initial E PA program approval
date. This requirement shall apply even if the EPA issues a partial or interim approval. No source
subject to Part 70 permits may operate after the time it is required to submit a timely and
complete application except in compliance wit h a Part 70 permit. A source which has submitted a
complete application with timely updates as required by the Control Officer shall not be held in
violation of any requirement to hold a Part 70 Permit until after the Control Officer takes final

action on the application.

Sources not subject to Part 70 permits shall be exempted from Sections 030.900 to 030.990

, inclusive.

030.905 SOURCES REQUIRING PART 70 PERMITS (Adopted 10/20/93, Revised 10/25/95 , 6/23/11 )

A. Sources Required to Obtain a Part 70 Perm it

The following sources and source categories shall be subject to Part 70 permitting:

1. Any Major Stationary Source;

2. Any source, including area sources, subject to a standard, limitation or other requirement under section 111 (New Source Perfo rmance Standards) of the

Act;

3. Any source, including an area source, subject to a standard or otherDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

79 requirement under section 112 (Hazardous Air Pollutants) of the Act.

However, a source which is subject to regulations or requirements only under

secti on 112(r) of the Act shall not be required to obtain a permit;

4. Any source that includes one or more units subject to Title IV (Acid Rain) of

the Act;

5. Any source in a source category designated by the EPA Administrator
pursuant to 40 CFR Part 70

.

6. Any new or modified existing sources of greenhouse gasses are subject to
regulation if they exceed the thresholds specified in 40 CFR 70.2.

B. Exemptions

The following sources and source categories shall be exempted from Part 70 permit

requ irements:

1. Any source subject to this regulation solely because it is subject to 40 CFR
Part 60, subpart AAA, Standards of Performance for New Residential Wood

Heaters.

2. Any source subject to this regulation solely because it is subject to 40 CF R
Part 61, subpart M, National Emission Standards for Hazardous Air Pollutants

for Asbestos, Standards for Demolition and Renovation.

3. Insignificant Emission Levels

Sources with the potential to emit less than an annual average of two (2)

pounds per day of any criteria pollutant or less than one (1) pound per day of

any hazardous air pollutant on a facility wide basis are exempted from all part
70 permitting requirements. Such sources may still be required by the Control

Officer to obtain a non

- Part 7 0 operating permit under District regulations. No
source which is itself subject to an applicable requirement may qualify as an
insignificant source.

4. All Dry Cleaning operations with the potential to emit less than ten (10) tons

per year of any crit eria or hazardous air pollutant shall be exempted for a period of five (5) years from the initial EPA Part 70 program approval date

unless required to obtain a permit under Section 030.905(A) (5)

.

5. All sources which would be subject to Part 70 permits under Section 030.905 (A) which are not major sources, affected sources or solid waste incineration units subject to permitting under section 129(e) of the act, are exempt from

requirements to obtain a Part 70 permit for a period of 5 years from the date of
EPA approval of the Washoe County Part 70 permit program.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

80 6. Sources may seek exempt status by limiting facility emissions to levels below
those defined for a major source as provided in Section 010.090, part D (prohibitory status) and part E (Synthe tic Minor sources)

.

C. Sources Which Must be Permitted by the State of Nevada

Any facility whose principal business is to generate electricity using steam derived from the burning of fossil fuels must obtain any necessary Part 70 permit(s) from the S tate of

Nevada.

030.910 PART 70 PERMIT STANDARDS (Adopted 10/20/93, Revised 10/25/95)

Part 70 Permits issued under these regulations shall be good for a period of five (5) years. The

Control Officer shall conduct compliance inspections and review the co mpliance status of the
facilities at least annually.

Permit to Operate fees shall be collected annually, and shall be due each year on the
anniversary of the date the permit was issued. Failure to pay annual permit fees may result in
citations, suspensio n or revocation of the Part 70 permit.
Any Part 70 permittee or permit applicant must submit any previously unknown, supplementary
or corrected information upon becoming aware of any failure to submit relevant facts or the

submittal of incorrect informati on. The permitee shall also notify the Control Officer of any
change in operations or change in applicable requirements.

030.920 PART 70 PERMIT APPLICATION PROCESS (Adopted 10/20/93)

A. General

The owner or operator of each source required under 030. 905 to obtain a Part 70 permit
shall make application for a permit in a timely manner as required under these
regulations.

Any existing sources that submit complete applications for initial permit issuance or
renewal within the specified submission dead lines, and provide timely updates, including
submission of any additional information requested in writing by the Control Officer within
the time frame allowed, shall not be held in violation of operating without a permit during
the time the application is being processed.

Part 70 permits shall allow for alternative operating scenarios. It shall be the responsibility
of the source seeking permits to identify those alternative scenarios. If the scenarios meet
all applicable requirements and District regul ations, the alternative operating scenarios
shall be included in the permit.

Fugitive emissions from a part 70 source shall be reported and included in the permit
application and part 70 permit in the same manner as stack emissions.

B. New Permit Issu ance, Renewals or Existing Permit ModificationsDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

81 The Control Officer shall establish standard application forms and procedures for
obtaining Part 70 permits. The design of these forms shall meet the content requirements of 40 CFR Part 70.5 (c). The appli cant must provide all necessary information for the
evaluation and permitting of the source as required by the Control Officer in a timely
manner including information required after the application is deemed complete. The
applicant must also identify any alternative operating scenarios under which the facility
should be permitted. Applications for permit revision need only address the information
related to the proposed change. Any application must be certified by a responsible

official.

Within 30 days of the receipt of a Part 70 Permit application, the Control Officer shall
make a determination as to the completeness of the application. If no completeness
determination has been made by the Control Officer within 60 days of receipt of the
application, th e application shall be deemed complete by default. If the application is deemed incomplete, the Control Officer shall notify the applicant in writing within ten (10)

days of his determination. The notification shall state the additional items or informatio n needed to take final action on the permit. A completeness determination shall be required
for all permit applications except for those addressing minor permit modifications.

Within 12 months of the receipt of a complete application the Control Officer shall:

1. Issue a draft permit or modification for the proposed operations; or

2. Deny the permit application or modification.

If no objections from the EPA Administrator are received within the allotted 45 day review
period, and all required 30 da y affected state and public comment periods have been
completed, the Control Officer shall take final action on any draft permit within 12 months
of the receipt of a complete application. If, at the end of one year, the required review and
comment periods have not been completed, final action on the permit shall be issued as
soon as practical after these periods have been completed but not later than 18 months
after a complete application has been received. A copy of all final permits shall be sent to

EPA.

All new sources subject to Part 70 permitting must obtain an Authority to Construct prior
to commencement of construction under District regulation 030.002. A complete application for Authority To Construct/Permits to Operate must be submitted at least 12
months prior to commencement of operations.

Any existing sources which have not previously been subject to Part 70 permitting but
become subject due to any increase in facility emissions shall submit a complete application for Authority To Construct/ Permit to Operate at least 6 months prior to
commencing construction or changing plant operations.

Any existing sources which have not previously been subject to Part 70 permitting but
become subject due to regulation changes or for any other reason, s hall submit a
complete application for Permit to Operate within 6 months after the change which makes
them subject takes place.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

82 Sources subject to Phase II acid rain permits under 40 CFR Part 72, must make
application for the phase II acid rain portion of their Part 70 permits by January 1, 1996
for sulfur dioxide and by January 1, 1998 for nitrogen oxides. The Control Officer shall
take final action on these Phase II applications within 18 months of receipt or no later

than December 31, 1997 for initial Phase II permits.

C. Renewal of Permits

All sources seeking renewal of expiring Part 70 permits must submit a written application for renewal at least six (6) (but not more than 12 months) prior to expiration. Payment of

application review fees as we ll as all necessary supplemental information and standard
forms as required by the Control Officer must accompany the permit renewal application.
If the Part 70 permit expires without the source submitting a timely and complete renewal
application, or the applicant fails to submit any requested additional information by the
specified deadline, the source's right to operate terminates. If a Part 70 source submits a
timely and complete application and the District fails to renew the Part 70 operating
permit in a timely manner, the terms and operating conditions of the former Part 70 permit
will remain in full force and effect until the District takes final action on the application.

The procedures for completeness review and processing shall be the same a s specified under 030.920 (B), for new applications. The requirements for public, affected state and

EPA notice shall be the same as for initial permit issuances. All procedures for EPA
permit veto and public judicial appeal shall be the same as for initia l permit issuance.

030.930 PART 70 PERMIT PUBLIC NOTICE (Adopted 10/20/93, Revised 10/25/95)

A. Permit Issuance and Modification

Public notice shall be given of any Part 70 draft permit addressing an initial permit
issuance, renewal or significant p ermit modification. Such notice shall be made in a
newspaper of general circulation within Washoe County and by mailing notice to persons
on a list which shall be developed for such Part 70 notifications, or by other means if
necessary to assure adequate notice to the affected public. At least 30 days shall be
allowed for public comment under such notifications. The public notice shall include the
following:

1. The name and address of the applicant and identification of the affected facility;

2. Th e activities involved in the permit action;

3. The emission changes involved in any permit modification;

4. The address of the District Health Department and the name and phone number of
a person from whom additional information on the draft permit m ay be obtained,
including copies of the draft permit, the application, reports on the basis of the
permit conditions, and relevant supporting materials;

5. A brief description of the procedures for making comment, including any deadlinesDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

83 for making such comment;

6. A brief description of the procedures for requesting a Public Hearing on the draft
permit or the date, time and location for such a hearing if one has been scheduled.

The Control Officer shall keep records of the commenter’s and the issu es raised during
the public participation process.

The Control Officer shall grant a public hearing to address any germane objections made
during the Part 70 application review process, upon request from the affected members of
the general public. Any p ublic hearing will be noticed at least 30 days in advance.

030.940 PART 70 PERMIT ISSUANCE (Adopted 10/20/93)

A. Affected States Review

The Control Officer shall provide notification of any draft permit to any affected state,
including minor permit r evisions, for comment and review. The Control Officer shall allow
at least 30 days for review by affected states. The affected state review period shall begin
on or before the time that notice is provided to the public. The Control Officer shall

address th e recommendations of the affected state, and shall give, in writing to the
affected state and to EPA, the reasons for the rejection of any recommendation made by

an affected state.

B. EPA Review

The Control Officer shall provide notification of any dr aft permit action to the EPA
Administrator and allow 45 days for comment and review as specified in 40 CFR part
70.8. The notice shall include a copy of the proposed permit, the application, reports on
the basis of the permit conditions, and necessary supp orting materials. If agreed upon by
the Control Officer and EPA, a summary of the application and other materials may be
provided in lieu of the specific items noted above. If any changes are made to the
proposed permit, an additional 45 day review period shall be provided for EPA review. No
permit shall be issued if the EPA Administrator objects to any provisions of the proposed
permit within the 45 day review period. If any necessary information has not been
included in the notice packet, EPA may request such information and the 45 day review
period will begin when such information is received. If the Administrator objects to the
permit after the 45 day review period has expired, but before the final permit has been

issued, the Control officer must address these objections before the final permit can be

issued.

If the Control Officer fails to revise and submit a proposed permit within 90 days in
response to objections from the EPA Administrator, the Administrator may issue or deny
the permit in accordanc e with the Act. If no objections to the draft permit are raised by the
EPA Administrator within the 45 day review period, the Control Officer may issue the
permit in its final form.

C. Appeals of the Final PermitDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

84 Any person may petition the EPA Admini strator within 60 days after the expiration of the
Administrator's 45 day review period. The objections must be based on grounds raised
during the public comment process under section 030.930, unless it was impracticable to
raise such objections or new gro unds arise.

The applicant or any person who participated in the public comment process may petition
the District Board of Health concerning any final permit action within 30 days of such
action. Such appeals will be heard first by the Air Pollution Cont rol Hearing Board and
shall be scheduled for hearing within 30 days after the appeal has been made. Any
persons appealing final permit actions may submit their petitions to the District Court for
judicial review after appeals to the Air Hearing Board and District Board of Health have
been exhausted. Any appeal to District Court for judicial review must be made within 90
days of the final permit action as per section 020.010 of these regulations, unless it can
be demonstrated that the petition is based sole ly on new grounds arising after the date for
judicial review. Any appeal based on new grounds must be filed within 90 days after such
new grounds arise.

If the District fails to issue or deny a Part 70 permit within 18 months of the receipt of a
comple te application, this shall be treated as a final permit action solely to allow for
judicial review by the applicant or any person who participated in the public comment
process under Section 030.930

.

030.950 PART 70 PERMIT MODIFICATIONS (Adopted 10/20/93)

A. General

Part 70 permits may be modified to reflect changes in operation, procedure, ownership or
other provisions as necessary. Nothing in these regulations shall limit the obligation of the
applicant to obtain an Authority To Construct permit und er District regulation 030.002
prior to commencement of construction. Sources seeking such changes must make
application to the Control Officer and follow the appropriate procedures as specified in
this regulation. In general, administrative changes cover minor changes such as change
of ownership or personnel; minor permit changes cover a limited number of items
addressing operating conditions or emissions; and significant modifications cover
substantial changes to the plant equipment or emissions. Specific details are addressed

below.
Where an existing Part 70 permit would prohibit some construction or change in
operations, the source proposing a change which would violate that prohibition must
obtain a permit revision before commencing operation.

The Control Officer shall establish standard forms for permit modification requests in
accordance with 40 CFR Part 70.7. Fees for administrative, minor and significant Part 70
permit modifications shall be established and set by the Board of Health.

B. Chan ges not Requiring a Part 70 Permit Revision

Changes to the operation of sources may be made without a permit revision if theDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

85 changes comply with the provisions of Section 030.950 (B) parts 1 and 2 (below).

However, no changes subject to regulation unde r Title IV of the Act, that violate
applicable requirements, or that are prohibited by federally enforceable permit terms or conditions that are monitoring (including test methods) record keeping, reporting, or

compliance certification requirements shall b e allowed without a revision of the Part 70
permit.

1. Section 502 (b)(10) Changes

Changes in the operation of a source, which contravene express permit terms but do not exceed the allowable emissions stated in the permit (either as a rate of

emissio ns or in terms of total emissions) of that source and are not modifications

under any provision of Title I of the Act, may be made without a permit revision.

2. Provisions for Emissions Trading

The Control Officer shall, if requested by an applicant, issue permits that contain
terms and conditions allowing for the trading of emissions increases and
decreases in the permitted facility solely for the purpose of complying with a
federally enforceable emissions cap that is established in the permit indepe ndent
of otherwise applicable requirements.

The emissions trades must be quantifiable, enforceable, have replicable procedures, may not exceed the allowable emissions stated in the permit (either
as a rate of emissions or in terms of total emissions) of that source, must not be
modifications under any provision of Title I of the Act, and must comply with all
applicable requirements.

3. Reporting Requirements

Any changes in the operation of the source made under parts 1 or 2 of these
operational flex ibility provisions must be noticed, in writing, to the Control Officer and to the EPA Administrator at least seven (7) days prior to enactment. The

source and the Control Officer shall attach a copy of each notice to their copy of
the relevant permit. Any such required written notice shall include:

a. A brief description of the proposed change to the permitted facility;

b. The date on which the change will occur;

c. Any change in the type, rate or concentration of emissions;

d. Notation of an y permit term or condition which will no longer be applicable
as a result of the change or any applicable requirement that would apply as
a result of the change.

e. For emissions trades, a description of how the increases and decreases in

emissions wil l comply with the terms and conditions of the permit.District Board of Health Regulations Governing Air Quality Management
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86 C. Administrative Part 70 Permit Changes

Administrative permit changes shall be for the purpose of:

1. Correcting typographical errors;

2. Identifying change in the name, address or phone numb er of any person identified
in the permit;

3. Requiring more frequent monitoring or reporting by the permittee;

4. Allowing for a change in ownership or control, but only if a written agreement
containing a specific date for transfer of permit respon sibility, coverage and liability
between the current and new permittee has been submitted and the Control
Officer determines that no other change in the permit is necessary.

The Control Officer shall take final action within 60 days of receipt of any re quest for an
administrative permit change. The permittee may implement an administrative change
immediately upon submission of the request. No notice to the public or affected states
shall be provided. A revised copy of the permit shall be submitted to the EPA

Administrator.

Administrative permit amendments relating to any portion of any permit subject to Title IV
of the act shall be governed by regulations promulgated under Title IV of the Act.

D. Minor Part 70 Permit Changes

Minor permit changes shall be only for those permit modifications that:

1. Do not violate any applicable requirement;

2. Do not involve any significant changes to existing monitoring, reporting or record
keeping requirements in the permit;

3. Do not require or change a case

- by

- case determination of an emission limitation
or other standard or a source specific determination for temporary sources of
ambient impacts, or a visibility or increment analysis;

4. Do not seek to establish or change a permit term or conditio n for which there is no
corresponding underlying applicable requirement and that the source has
assumed to avoid an applicable requirement to which the source would otherwise
be subject. Such terms and conditions include:

a. A federally enforceable emi ssions cap assumed to avoid classification as a
modification under any provision of Title I of the Act;

b. An alternative emissions limit approved pursuant to regulations promulgated under section 112 (i)(5) of the Act;District Board of Health Regulations Governing Air Quality Management
Updated 06/11

87 5. Are not modifications und er any provision of Title I of the Act.

The Control Officer shall provide notification to EPA and affected states of any proposed minor permit modifications within five (5) working days of the receipt of a complete

application. The notice to EPA shall i nclude all applications except those belonging to
types which EPA agrees to waive.

Within 90 days of the receipt of a complete application for a minor permit modification or
15 days after the EPA Administrator has completed the 45 day review period allo wed for under 030.940 (B) (whichever is later), the Control Officer shall take one of the following

actions:

1. Issue the permit modification as proposed;

2. Deny the permit modification;

3. Determine that the requested modification does not meet the minor permit
modification requirement criteria and that it should be reviewed as a
significant modification;

4. Revise the Draft permit modification and transmit to the EPA Administrator
the new proposed permit modification.

The source may implement the proposed change on receipt of the modified permit from

the Control Officer.

E. Significant Part 70 Permit Changes

All changes to a permit that require a permit modification which cannot be considered as

administrative or minor must be ev aluated through a significant permit modification. All
significant changes in monitoring permit terms or conditions and every relaxation of
reporting or record

- keeping permit terms or conditions shall be considered significant.

All significant permit mo difications shall meet all the requirements of initial permit
issuance as specified in these regulations, including those for application forms, public
participation, review by affected states and review by EPA but the application need only

address informa tion related to the proposed change. The Control Officer shall take final action on significant permit changes within nine (9) months of the receipt of a complete

application.

No changes covered under a significant permit modification may be implemented by the
source without an Authority To Construct permit if such authorization is required under
Regulation 030.002 . The source must submit a complete application at least nine (9) months prior to the time it intends to implement the change. (Revised 10/25/ 95)District Board of Health Regulations Governing Air Quality Management
Updated 06/11

88 030.960 PART 70 PERMIT OPERATING CONDITIONS (Adopted 10/20/93)

A. General

The Control Officer shall establish terms and conditions of operation for each Part 70
permit issued. Such terms and conditions shall be designed to ensure compliance with a ll
federal "applicable requirements" and any applicable District regulations.

All permit terms and conditions established by the Control Officer must be identified on
the permit as to the origin and authority for each item and whether or not each is an
applicable requirement. Terms and conditions which are not required by the Act or its
applicable requirements shall be designated as not federally enforceable. All terms and
conditions of a Part 70 permit shall be enforceable by the Control Officer and ci tizens
under the provisions of the Act. The Control Officer shall make allowance for alternative
operating scenarios at permitted facilities.

B. General Permits

The Control Officer shall establish procedures for granting operations under general Part
70 permits and establish the categories of sources for which such permits will be granted.
General permits may be issued for numerous and similar sources and shall be
established after completing all required notice and opportunities for public participati on, EPA and affected state review required under Sections 030.930 and 030.940

.

Sources belonging to a category for which a "general" permit has been approved may
request to be granted a Part 70 permit to operate under these provisions by submitting an

a pplication. Such applications must include all applicable information as specified in

030.020 . No additional public comment will be provided for when operation under a
general permit is granted. Any general permit shall comply with all applicable
requireme nts as defined in Section 010.0135 and shall identify criteria by which sources
may qualify for the general permit. Affected sources may not be issued general permits.
Permit holders operating under a general permit may be subject to enforcement action if it
is later determined that they do not qualify for operation under that general permit.
Granting operation under a general permit does not qualify as a final action for purposes
of judicial review.

C. Operating Permit Conditions

The Control Officer s hall establish requirements as necessary to ensure that all permit terms, conditions, alternative operating scenarios and/or provisions for trading emissions
increases and decreases within the facility comply with all applicable requirements of the

Act.

All Part 70 permits shall contain the following terms and conditions of operation:

1. Requirements that the source must comply with all conditions of the Part 70 permit
and any applicable requirements of the Act.

2. Notice that failure to comply con stitutes a violation of the Act and is grounds forDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

89 enforcement actions; for permit termination, revocation and re

- issuance, or
modification; or for denial of a permit renewal application. Notification that any
filing by the permittee for any permit modific ation, notice of planned non

compliance or other planned changes do not stay the conditions of the permit.

3. Emissions limitations and standards, including operational requirements, emission
rate limits or pollutant concentration limits that assure com pliance with all
applicable requirements at the time of permit issuance. Where an applicable
requirement is more stringent than a requirement of the acid rain program, both
requirements are federally enforceable and shall be incorporated into the permit.

4. Provisions for alternative operating scenarios as identified by the source in its
application and as approved by the Control Officer. Such alternative operating
terms shall provide that the source maintain contemporaneous records of which
operating sc enario they are operating under together with the times and dates for
which any changes in operating scenarios are made.

5. Provisions for trading emissions increases and decreases within the facility to the
extent the applicable requirements provide fo r such trading if requested by the
source in its application and approved by the Control Officer.

6. Provisions for inspection and entry (as provided for under 020.0201 ), reporting,

monitoring, record keeping and data collection required under the appli cable
requirements and sufficient to demonstrate compliance with permit terms and
conditions. All methods for the collection of such data shall be specified in the
permit including the time periods for data, any necessary supporting information
concerning data collection and requirements for timely submission of reports to the District (not to exceed six (6) months or more often if required by an applicable requirement or the Control Officer). These reports should include any required

monitoring information and indicate all instances of deviations from permit
requirements. Where the applicable requirement does not require periodic testing
or monitoring, periodic monitoring sufficient to yield reliable data representative of
the source's compliance with the p ermit shall be required. Permit to operate
conditions would include requirements concerning the use, maintenance and,
where appropriate, the installation of monitoring equipment or methods. These
monitoring requirements shall assure use of terms, test meth ods, units averaging
periods and other statistical conventions consistent with the applicable
requirement. All required data and supporting information shall be retained by the source for a period of at least five (5) years. Supporting information shall in clude
all calibration and maintenance records, strip charts, dates, places and times of
sampling, the date the analysis were performed and by whom, the analytical
techniques and results of the analyses, the operating conditions at the time of
sampling, and any reports required by the permit. Copies of such records shall be
furnished to the Control Officer upon request, and if confidential, provided to
directly to EPA on request with a claim of confidentiality.

7. Requirements for prompt reporting of any deviations from the permit terms and
conditions, including those due to emergency upset conditions, in accordance withDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

90 District regulations 020.075 and 020.076

.

8. Requirements that any document submitted under a Part 70 permit contain a

certification of the truth, accuracy and completeness of the compliance statement
by a responsible official, and that all certifications are based on information and belief formed after a reasonable inquiry. (Revised 10/25/95)

9. Provisions to allow automatic reopeni ng of permits to enforce future provisions of
the Act promulgated after permit issuance. Such newly promulgated federal
standards shall be incorporated into any permit with three or more years remaining

before renewal.

10. Notice that the Part 70 permit may be reopened and revised for cause under

District regulation 030.960 (D) . Notice that the permit is subject to termination,

revocation and re

- issuance or modification for cause under these regulations. That
data necessary to determine if cause exists f or such reopening shall be submitted
to the Control Officer upon request in a timely manner as specified by the Control
Officer in writing.

11. A severability clause to ensure the continued validity of various permit terms and

conditions in the event of a challenge to any portion of the permit.

12. Notice that the permit does not convey any property rights of any sort or any
exclusive privilege.

13. Notice that failure to pay any fines, fees or other approved charges from the
District may result in enforcement action or termination of the permit or both.

14. Requirements that sources subject to Part 70 permits shall submit to the
permitting authority and EPA a compliance plan signed by a responsible official.
Submission of the annual compliance p lan shall be due each year on anniversary
of the date of issuance or more frequently if specified in an applicable
requirement. The compliance plan shall be in conformance with the provisions of

Section 030.970 of District regulations.

15. It shall not be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce activity to maintain compliance.

D. Permit Reopenings

Part 70 permits may be reopened and revised by the Control Officer or the EPA

Administrator . Procedures for reopening and revision shall be the same as specified for
initial permit issuance in these regulations, including those for public participation, review
by affected states and review by EPA, excepting that only the portion to be revised sh all

be considered.

1. Reopening permits for cause

Part 70 permits may be reopened and revised by the District for the followingDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

91 reasons:

a. Additional applicable requirements become applicable to a Part 70 source with three (3) or more years remaining on the permit. New provisions
pertaining to the acid rain program shall take affect without respect to the
permit expiration date. If a permit is reopened under this section, a thirty

day notice must be provided to the permittee before the permit is

reope ned.

b. If the Control Officer or the EPA Administrator determines that the permit

contains a material mistake, inaccurate statements were made in
establishing the emissions standards, other terms or conditions of the
permit, or that the permit must be re vised or revoked to ensure compliance
with the applicable requirements or other District regulations.

2. Reopening by EPA

If the EPA Administrator finds that cause exists to terminate, modify or revoke and
reissue a permit pursuant to regulation 030.9 60 (D) 1 a or b, or in response to a

public petition, the EPA Administrator will notify the District and the permittee in
writing.

Within 90 days of the receipt of such notice from EPA, the Control Officer shall
submit to the EPA a proposed determinati on of termination, modification or
revocation and reissuance, as appropriate. The EPA Administrator shall have 90
days from receipt of the proposed determination to review the proposal from the

Control Officer. After that time the Control Officer shall hav e 90 days to resolve
any EPA objection and terminate, modify, revoke and reissue the permit in
accordance with the EPA Administrator's objections.

E. Temporary Sources

The Control Officer may issue a single Part 70 permit to the same source owner or

o

perator for similar operations at multiple temporary locations. In addition to the permit
requirements of 030.960 (C) , the source will be required to provide the Control Officer with at least ten (10) days advance notice of any relocation. No affected sour ce may be
issued a temporary permit. To qualify for a temporary permit the source must undergo at
least one change of location during the permit term.

F. Title IV Implementation

The Control Officer shall establish procedures consistent with 40 CFR Par t 72 for any
source subject to or choosing to implement the acid rain program under Title IV of the
Act. Nothing in any permit or compliance plan issued pursuant to Title V of the Act shall be construed as affecting allowances under the acid rain program ( section 408(b) of the Act). Any sources seeking permits under phase II of Title IV shall submit such

applications as required in the Act. Applications for permits with sulfur dioxide related
requirements will be submitted by January 1, 1996 and application s to add requirementsDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

92 related to Nitrogen Oxide emissions by January 1, 1998. Any source which becomes
subject to Title IV of the Act shall have the following supplementary terms and conditions
of operation in its Part 70 permit:

1. Requirements to meet all applicable Acid Rain requirements promulgated under
Title IV of the Act, including any requirements related to control or limitations on
SO2 and NOx emissions. If another applicable requirement that is stricter than the
Acid Rain requirement applies, to a source, both requirements shall be included in
the permit.

2. Limitations to prevent sulfur dioxide emissions greater than allowed under any
applicable requirement or emission allowances lawfully held under Title IV of the

Act.

G. EPA Permit Impl ementation

Consistent with the provisions of 40 CFR Part 70.10, the EPA Administrator may
supersede the District's Part 70 regulations and issue Part 70 permits as necessary.

030.970 PART 70 PERMIT MONITORING AND COMPLIANCE (Adopted 10/20/93, Revised 1 0/25/95)

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 fr equently 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 o f 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. Whether the compliance with each term or condition of operation was continuous

or intermittent.

4. The method(s) used for determining the compliance status of the source including

a description of monitoring, record keeping and reporting requirements, and test

methods.

5

. For any term or condition of operation for which the source is not in compliance,
the source must submit a compliance schedule and a narrative description of how
the source will achieve compliance with such requirements as described in 030.970 (B) of the se regulations.District Board of Health Regulations Governing Air Quality Management
Updated 06/11

93 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

activitie s 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, why they

were not met and a ny corrective actions to be taken as a result.

7. Any other specific information needed to determine compliance as required by the

Control Officer.

8. A certification of the truth, accuracy and completeness of the compliance statement
by a responsib le official.

9. Any additional requirements as may be specified pursuant to sections 114(a) and
504(b) of the Act.

All Statements of compliance must be made in writing to both the EPA Administrator as

well as to the Control Officer. Failure to submit a statement of compliance in a timely
manner may result in citation, penalties, suspension or revocation of the Part 70 permit.

B. Schedules For Compliance And Remedial Measures

The Control Officer may issue a Part 70 permit to sources which will n ot be in compliance
with the applicable requirements of its permit at the time of permit issuance. Any Part 70
permit issued to a source which is operating out of compliance with the applicable
requirements of its permit shall be issued in conjunction with a compliance schedule.
Submission of a compliance schedule does not release the permittee from compliance
with any applicable requirement. A compliance schedule shall be submitted with the
compliance statement for all part 70 sources. Any schedule of comp liance shall include
the following:

1. A list of remedial measures, including enforceable sequences of actions with
milestones, leading to compliance with any applicable requirements in a timely

manner.

2. A schedule for certified progress reports t o be made no less frequently than every six (6) months or more frequent if specified in the applicable requirement.

3. A statement that for all terms and conditions for which the source is in compliance
that the source will continue to comply with such requirements.

4. A certification of the truth, accuracy and completeness of the compliance schedule
by a responsible official.

5. A commitment to meet the standards and specifications of any future effective
applicable requirements in a timely fashio n.

6. Any schedule for compliance must be at least as stringent as that contained in anyDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

94 judicial consent decree or administrative order.

C. Annual Inspection and Compliance Review

1. Compliance inspections of the facilities shall be made at least annually. The
Control Officer shall inspect the equipment, practices and operations required or
regulated under the Part 70 permit.

2. The Control Officer shall evaluate the compliance status of each Part 70 permit on
an annual basis. The compliance sta tement and the results of the most recent on
site inspection shall be reviewed and the progress of any compliance schedule
shall be assessed. The Control Officer shall consider the comments or complaints
received from the public during the compliance revie w process.

030.990 PART 70 PERMIT HAZARDOUS AIR POLLUTANT PROVISIONS (Adopted 10/20/93)

The Control Officer shall establish terms and conditions of operations to ensure the compliance
of all sources permitted under Part 70 and subject to the provisions of section 112 of the Act (Hazardous Air Pollutants). The Control Officer shall establish permit requirements for risk management plans as per section (r)(7).

The Control Officer shall adopt MACT standards as established by the EPA as soon as
practicable after such standards have been promulgated.

The Control Officer shall undertake a case by case control technology evaluation, consistent with the provisions of section 112(g) of the Act, for all major sources of hazardous air pollutants which

are new, m odified or reconstructed. Based upon this evaluation, the Control Officer shall
determine appropriate control technology and emissions limitations. The emissions limits must reflect the Maximum Achievable Control Technology (MACT), even if MACT control sta ndards
have not yet been promulgated or proposed for that category of sources. In cases where no
standards have been proposed by EPA, or EPA has missed a statutory deadline for standard
promulgation, the Control Officer must establish conditions at least a s stringent as those that
would have been established if EPA had promulgated such standards on time. If EPA
subsequently issues technology base standards which would apply to that source, the permit
must be revised to reflect the new standard if the requir ements are more stringent than those
previously required. These emission limits shall become an enforceable part of the Part 70
permit. Sources may offset emissions of pollutants, subject to certain restrictions as established
by EPA and the Control Office r, to avoid triggering a permit modification. Deadline extensions for
emissions reductions shall be given as applicable under the Act to sources participating in the early reductions program as specified in section 112 (i) (5) of the Act.

030.995 SMALL BUS INESS ASSISTANCE PROGRAM (Adopted 10/20/93)

The Control Officer shall provide a program assisting small business sources in complying with
the provisions of the District's air quality regulations. This program will be operated in compliance

with section 507 of the Act (small business assistance) and relevant EPA guidance.

The Control Officer may hire a contractor to operate the small business compliance assistance program or participate with the State of Nevada and/or Clark County in contracting to make suchDistrict Board of Health Regulations Governing Air Quality Management
Updated 06/11

95 services available. If a joint agreement is created, Washoe County will participate in financial and
other advisory panel or program oversight functions. Any contract for the provision of these small
business assistance services will be reviewed peri odically.District Board of Health Regulations Governing Air Quality Management
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