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 Existed 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 listed 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 language for the temporary 

amendments that were submitted to EPA on June 17, 2005. 

ii
TRANSMITTAL LETTERS 

• January 6, 2006 (this submittal) 

• June 17, 2005 

• February 16, 2005

Part I. ASIP ACTION ITEMS 

A1. 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 

Part II. APPENDICES TO THE NAC ASIP 

A. Table: Existing NAC ASIP Cross Referenced to the NAC 

B1. Proposed Final NAC ASIP Showing Provisions Retained From Existing ASIP 

C. Overview: NDEP’s Response to Past EPA Comments; Retained Provisions; Hanging 

References (EPA comment letters included) 

D1

. NAC as It Existed on December 31, 2005, Showing 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 Declaration 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. 

iii
B. 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) Analysis: 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 

6n behalf 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, DCNR 
LEO 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, DCNR 
LEO 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 IIB, 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