# NEVADA APPLICABLE STATE IMPLEMENTATION PLAN PROPOSED UPDATE 

# VOLUME I
DECEMBER 2005 REVISION of FEBRUARY 2005 SUBMITTAL

Presented to U.S. EPA, Region IX
Prepared by The Nevada Division of Environmental Protection 901 S. Stewart Street, Suite 4001 Carson City, Nevada 89701

# EXPLANATION The following three documents have been revised; all others remain the same as in the February 2005 submittal:

• I- A. Proposed Nevada Administrative Code (NAC) ASIP Update

• II-B. Proposed Final NAC ASIP Showing Provisions Retained From Existing ASIP

• II-D. NAC Chapter 445B as It Ex isted on December 31, 2005, Showing Sections Not Being Submitted in the Proposed NAC ASIP Update Revisions Content has not been revised since the June 17, 2005 supplemental submittal to EPA. The documents li sted above have been revised to: 1) Assign section numbers and integrate language that appeared as amendments in the earlier submittals. 2) Include the permanent adopted languagefor the temporary amendments that were submitte d to EPA on June 17, 2005.

iiTRANSMITTAL LETTERS
• January 6, 2006 (this submittal)
• June 17, 2005
• February 16, 2005 Part I. ASIP ACTION ITEMS
A 1 . Proposed Nevada Administrative Code (NAC) ASIP Update B. Proposed Nevada Revised Statutes (NRS) ASIP C. Request to Remove Nevada PublicService Commission Statutes and Rule

Part II. APPENDICES TO THE NAC ASIP A. Table: Existing NAC ASIP Cross Referenced to the NAC
B 1 . Proposed Final NAC ASIP Showing Provisions Retained From Existing ASIP C. Overview: NDEP’s Response to Past EPA Comments; Retained Provisions; Hanging References (EPA comme nt letters included)
D 1 . NAC as It Existed on December 31, 2005, Show ing Sections Not Being Submitted in the Proposed NAC ASIP Update E. Existing NAC ASIP With Proposed Deletions Highlighted F. NAC CAA Sec. 110 (l) Analysis: Justification for Removal of Existing ASIP Provisions Attachments: • Exhibit A, Negative D eclaration for Specific Sources • Exhibit B, Nevada Cement Company Modeling

Part III. APPENDICES TO THE NRS ASIP A. Table: Existing NRS ASIP Cross Referenced to the NRS

1 These documents have been revised since the February 16 and June 17, 2005 submittals to EPA.

iiiB. NRS 2004 Codification Showing Sections Not Being Submitted in the Proposed NRS ASIP C. Existing NRS ASIP With Proposed Deletions Highlighted D. NRS CAA Sec. 110 (l) Analys is: Justification Document • Part 1. Provisions Being Removed from the Existing NRS ASIP • Part 2. Hanging References in the Proposed NRS ASIP E. Official Publication of Nevada Revised Statutes Chapter 445B by the Nevada Legislative Counsel Bureau

iv

# S TAT 

# E 

# O F N 

# E VA D A Kenny C Guinn, Governor Department of Conservation & Natural Resources Allen B~aggi, Director
ENVIRONMENTAL PROTECTION DIVISION OF ENVIRONMENTAL PROTECTION Leo M. Drozdoff; i?E.,Administrotor protecting the future for generotrons

January 12,2006 Wayne Nastri Regional Administrator U.S. EPA Region 

### IX 75 Hawthorne Street ORA- 1 San Francisco CA 94 105 RE: Proposed Nevada Applicable State Implementation Plan (ASIP) Update, February 2005, Including Permanent Amendments Adopted October 4,2005

6nbehalf of Governor Guinn, as his appointed designee, this letter transmits to you two hard copies and one electronic copy of the Nevada Division of Environmental Protection's 

### (NDEP) final version of the proposed update to the state regulations and statutes in the Nevada ASIP, originally submitted on February 16,2005. NDEP advised EPA that these changes were forthcoming, first in the overview document (Appendix 11-C) submitted in February 2005 and again in the June 17,2005 supplement. The enclosed version of the proposed ASIP update is based on a more current codification of the Nevada Administrative Code 

### (NAC) than was submitted in February 2005. Use of the current codification does not introduce any language changes from the February submittal, but it gives section numbers and integrates language that appeared as amendments previously. Secondly, today's submittal replaces the temporary regulatory amendments submitted in June with the permanent language adopted in October. When the Nevada Legislative Counsel Bureau reviewed the temporary amendments we sent to EPA in June, they made changes to clarify the language but did not change the content. The final version submitted herein contains the revised language associated with the permanent amendments adopted on October 4,2005; the intent remains unchanged from the earlier submittal. Only three documents in today's submittal differ from the February 2005 submittal: 

### I

- A. Proposed Nevada Administrative Code (NAC) ASP Update, February 2005, Including Permanent Amendments Adopted 10

- 05 Appendix 11

- B. Proposed Final NAC ASIP Showing Provisions Retained From the Existing 

### ASP, February 2005, Including Permanent Amendments Adopted 10

- 05

90 1 S. Stewart Street, Suite 400 1 Carson City, Nevada 8970 1 p: 775.687.4670 f: 775.687.5856 

# . www.ndep.nv.gov pr~nted on recycled paper

- . . -Page 2 December 23,2005


### Appendix 

### II

-D. Nevada Administrative Code 2005, Chapter 445B, Showing Sections Not Being Submitted in Proposed ASIP, Including Permanent Amendments Adopted 10

- 05 All other documents remain unchanged from the February submittal. Volume I1 of the February submittal, " Evidence of Public Notice and Adoption: Nevada Administrative Code, " is not being resubmitted since it was not revised. Evidence of public participation and adoption of the permanent amendments heard on October 4,2005 are enclosed. The NDEP requests that EPA use this submittal in their continued review 

### of Nevada's proposed ASIP update. If you have any questions, please feel free to contact me at (775) 687

- 9301, Jennifer Carr, Chief of the Bureau of Air Quality Planning at (775) 687

- 9346 or Mike Elges, Chief of the Bureau of Air Pollution Control at (775) 687

- 9329.
Sincerely,

Administrator w
Enclosures

cc: Amy Zimpfer, Associate Director, EPA Region IX, Air Division, w/enclosures Andy Steckel, Chief, Rulemaking Office, EPA Region IX, Air Division, w/enclosures Gerardo Rios, Chief, Permits Office, EPA Region IX, Air Division, w/enclosures Julie Rose, Rulemaking Office, EPA Region 

### IX, Air Division Jennifer 

### L. Carr, Chief, Bureau of Air Quality Planning, NDEP Mike Elges, Chief, Bureau of Air Pollution Control, NDEP Adele Malone, Bureau of Air Quality Planning, NDEP Christine Robinson, Director, Clark County DAQEM Andy Goodrich, Director, Washoe County AQMD Mike Hillerby, Chief of Staff, Office of the Governor Allen Biaggi, Director, DCNRLEO M. DROZDOFF, Administrator

Water Quality Planning Water Pollution Control Facsimile 687 - 4684 Mining Regulation and Reclamation Facsimile 684- 5259 STATE OF NEVADA KENNY C. GUlNN Governor

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 

### DIVISION OF ENVIRONMENTAL PROTECTION 333 W. Nye Lane, Room 138 Carson City, Nevada 89706 ALLEN BIAGGI, Director

Air Pollution Control Air Quality Planning Facsimile 687 - 6396 Waste Management Federal Facilities Corrective Actions Facsimile 687 - 8335

June 17,2005 Wayne Nastri Regional Administrator 

### ORA- 1, USEPA Region 9 75 Hawthorne Street San Francisco CA 94105



### RE: Supplement to February 16,2005 

### Submittal, Proposed Nevada Applicable State Implementation Plan (ASIP)

Dear Mr. Nastri: On behalf of Governor 

### Guinn, as his appointed designee, this letter transmits a supplement to the " Proposed Nevada Applicable State Implementation Plan (ASIP), " which was submitted by the Nevada Division of Environmental Protection 

### (NDEP) to EPA on February 16,2005. The Proposed ASIP was submitted knowing that a few regulations still needed to be revised for them to be approvable as part of the updated Nevada ASIP. Consequently, NDEP drafted amendments to the Nevada Administrative Code (NAC) to address remaining issues. The amendments were subject to the public participation process and were adopted by the State Environmental Commission 

### on June 10,2005. The NDEP requests that EPA replace the corresponding NACs in the February 16 submittal with the revised NACs in the enclosure and include them 

### in its review of the Proposed Nevada ASIP. Evidence of public notice and adoption for the NAC sections in


## . today's submittal is enclosed. Although the amendments are temporary, they are effective as of 

### July 15,2005 and will become permanent before November 1,2005. We will notify EPA and supply the appropriate documentation when the amendments become permanent.

### The enclosed compact (postcard) disc contains 

### a copy of the supplement (NAC amendments) and evidence of public participation documents. If 

### you have any questions, please feel free to contact me at (775) 

### 687

- 9301 or Mike Elges, Chief of the Bureau of Air Pollution Control at (775) 687

- 9329.

Leo Drozdoff Administrator Enclosures

cc: Amy 

### Zimpfer, Associate Director, Air Division, AIR

- 1, EPA Region 9 wlencl Andy Steckel, Chief, Rulemaking Office, Air Division, AIR

- 1, EPA Region 9 

### w/encl Gerardo Rios, Chief, Permits Office, Air Division, AIR - 1, 

### EPA Region 

### 9 wlencl Julie Rose, Rulemaking Office, Air Division, AIR

- 1, EPA 

### Region 9 wlencl Colleen Cripps, Deputy Administrator, NDEP Mike Elges, Chief, Bureau of Air Pollution Control, NDEP Adele Malone, Bureau of Air Quality Planning, NDEP Christine Robinson, Director, Clark County DAQEM Andy Goodrich, Director, Washoe County AQMD Mike Hillerby, Chief of Staff, Office of the Governor Allen Biaggi, Director, DCNRLEO M. DROZDOFE Adminisfrator

Administration Facsimile 687 - 5856 Water Quality Planning Water Pollution Control Facsimile 687 - 4684 Mining Regulation and Reclamation Facsimile 684- 5259 STATE OF NEVADA KENNY C. GUINN Governor

DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 

### DIVISION OF ENVIRONMENTAL PROTECTION 333 W. Nye Lane, Room 138 Carson City, Nevada 89706 ALLEN BIAGCI, Direclar'

Air Pollution Control Air Quality Planning Facsimile 687- 6396 Waste Management Federal Facilities ' . Corrective Actions Facsimile 687 - 8335



### February 16,2005 Wayne Nastri Regional Administrator U.S. EPA Region IX 75 Hawthorne Street San Francisco CA 941

### 05 RE: Proposed Nevada Applicable State Implementation Plan (ASIP) Dear Mr. Nastri: Enclosed is the Nevada Division of Environmental Protection's (NDEP) proposed update to the state regulations and statutes in the Nevada ASIP. The NDEP requests that you approve the update. We are submitting two 

### documents for approval, a request to remove obsolete ASIP provisions and a series of technical support documents. The documents that require EPA action are contained in 

### Part I: 

### A. Proposed Nevada Administrative Code (NAC) ASIP Update 

### B. Proposed Nevada Revised Statutes (NRS) ASIP C. Request to Remove Nevada Public Service Commission Statutes and Rule The proposed NAC ASIP and the proposed NRS ASIP replace the existing NAC and NRS ASIPs with the exception of a few provisions that are retained without change. In Appendix II

### B, we have compiled a document that will constitute the 

### final updated NAC ASIP after EPA has approved Item A above. Appendix 11-C presents an 

### overview of how NDEP has dealt with comments from EPA on earlier ASIP update efforts and an 

### explanation of how the more complex or controversial issues have been addressed. The other appendices provide a Clean Air Act Section 1 

### 1 O(1) analysis justifying the removal of certain NAC and NRS provisions from the ASIP, evidence of public notice and adoption for the NAC sections submitted and documents to facilitate EPA's review of the submittal.

pSPO Rev. 11 - 04)

### An electronic copy of this submittal is available on NDEP's FTP site. If you have any questions, please feel free to contact me at (775) 687

- 9301, Colleen Cripps, Chief of the Bureau of Air Quality Planning at (775) 687

- 9346 or Mike Elges, Chief of the Bureau of Air Pollution Control at (775) 687

- 9329.

Leo Drozdoff 

### - Administrator Enclosures (2 

### volumes)

cc: Amy 

### Zimpfer, Associate Director, EPA Region 

### IX, Air Division Andy Steckel, Chief, Rulemaking Office, EPA Region IX, Air Division Gerardo Rios, Chief, Permits Office, EPA Region IX, Air Division Julie Rose, Rulemaking Office, EPA Region IX, Air 

### Division Colleen Cripps, Chief, Bureau of Air Quality Planning, NDEP Mike Elges, Chief, Bureau of Air Pollution Control, NDEP Adele Malone, Bureau of Air Quality Planning, NDEP Christine Robinson, Director, Clark County DAQEM Andy Goodrich, Director, Washoe County AQMD Mike Hillerby, Chief of Staff, Office of the Governor Allen Biaggi, Director, DCNR