# STATE OF NEVADA Brian Sandoval, Governor Department of Conservation &Natural Resources Leo M. Drozdolf, P.E., Director 

### DIVISION OF ENVIRONMENTAL PROTECTION Colleen cnws. Ph.D., Administrator

Jared Blumenfeld Regional Administrator ORA-l, USEPA Region 9 75 Hawthorne Street San Francisco CA 94105 January 18, 2013



### RE: The Nevada State Implementation Plan for the 2010 Nitrogen Dioxide Primary NAAQS: emonstration ofAdequacy

On behalfofGovernor Sandoval, as his appointed designee, the Nevada Division of Environmental Protection (NDEP) certifies that the existing Nevada applicable state implementation plan (SIP) contains provisions addressing all the "infrastructure" requirements of Clean Air Act (CAA) section 110(a)(2) for the 2010 nitrogen dioxide (N02) primary national ambient air quality standard (NAAQS). The NDEP is submitting one hard copy and one exact duplicate ofthe hard copy in electronic form ofthis certification letter and the following documents as demonstration ofthe adequacy ofNevada's existing SIP provisions:

• The Nevada Division of EnvironmentalProtection Portion of the Nevada State Implementation Plan for the 2010Nitrogen Dioxide PrimaryNAAQS: Demonstration of Adequacy (Demonstration ofAdequacy) and appendices.
• December 11, 2012 letter from the Clark County Department ofAir Quality Management (CCDAQ) transmitting their 2010 N02primary NAAQS infrastructure SIP to the NDEP. • State Implementation Plan Revision to Meet the Nitrogen Dioxide Infrastructure SIP Requirements of CleanAirActSection 110(a)(2) and attachments. Clark County, Nevada. • December 18, 2012letter from the Washoe County Health District-Air Quality Management Division (WCHD-AQMD) transmitting their 2010 N02primary NAAQS infrastructure SIP to the NDEP with a parallel processing request. • The Washoe County Portion of the Nevada State Implementation Plan to Meet the Nitrogen Dioxide Infrastructure SIP Requirements of CleanAirActSection 11O(a)(2) (draft document) and attachments.
The enclosed demonstrations from each ofthe three Nevada air agencies are organized in table format and list each CAA section 110(a)(2) element and the existing Nevada SIP provisions that satisfy the requirement in each element. In the absence ofUS EPA guidance for the 2010 N02 infrastructure SIPs, Nevada followed US EPA's October 14, 2011 guidance for lead infrastructure SIPs (US EPA, Memorandum to Regional Air Division Directors, Guidance onPage2 January 18, 2013 Infrastructure State Implementation Plan Elements Required Under Sections JJO(a)(l) and (2) for the 2008Lead(Ph) NationalAmbientAir Quality Standards (NAAQS). S. Page, OAQPS). Nevada's N02infrastructure SIP selects those regulatory and statutory provisions from the Nevada applicable SIP that address N02specifically. This should notbe interpreted as an intent to exclude other more general provisions from the applicable SIP from applying to N02 sources inNevada. Further, although some ofthe SIP provisions cited inthe NDEP table may not be in state regulation, nonetheless those provisions support the NDEP's authority to implement, maintain and enforce the 2010 N02primaryNAAQS because they are incorporated into the NDEP's title V operating permits and are federally enforceable.
We certify that the NDEP and Clark County portions ofthe infrastructure SIP were properly noticed; evidence ofpublic participation is included withthe respective submittals. Forthe NDEP portion ofthe SIP, the Administrator ofthe NDEP has the authority to adopt and submit state implementationplans to US EPA (see Appendix D). For the Washoe County portion ofthis submittal, the NDEP requests parallel processing in accordance with 40 CFR 51, Appendix V.2.3. The final, public noticed copy ofWashoe County's portion ofNevada's 2010 N02 infrastructure SIP will be submitted to US EPA by March 15, 2013.
The NDEP requests that the US EPA propose approval ofthis certification ofthe adequacy ofthe existingNevada applicable SIPto implement, maintain and enforce the 2010 N02 primary NAAQS. The NDEP further requests that generally as provisions inNevada's applicable SIP are replaced orremoved through subsequent approvals by US EPA ofSIP revisions submitted bythe NDEP, US EPA also replace orremove those provisions in this submittal and all ofNevada's CAA 110(a)(2) SIPs.
Ifyou should have any questions aboutthis submittal orrequire additional clarification, you may contact Rob Bamford, Chief, Bureau ofAir Quality Planning at (775) 687-9330.

Enclosures

cc w/o enclosures: Sincerely, 

# lkk_·

**~!en** Cripps, Ph.D. Administrator

Cory Hunt, Policy Analyst, Office ofthe Governor AmyZimpfer, Associate Director, Air Division, USEPA Region IX (AIR-1) Doris Lo, Acting Chief, Planning Office, USEPA Region IX (AIR-2) Kevin Dick, Director, Air QualityManagement Division, Washoe County Health District Lewis Wallenmeyer, Director, Department ofAir Quality & Environmental Management, Clark County

ec w/o enclosures Leo Drozdoff, Director, Nevada Department ofConservation andNatural Resources Michael Elges, Deputy Administrator, NDEP Rob Bamford, Chief, Bureau ofAir Quality Planning, NDEP