INDEX TO DOCKET EPA-R09-OAR-2013-0735

Approval and Promulgation of Implementation Plans; Designation of 

Areas for Air Quality Planning Purposes; State of Nevada; 

Redesignation of Las Vegas Valley to Attainment for PM10

CATEGORY I: Notices of Proposed Rulemaking

A. Approval and Promulgation of Implementation Plans; Designation of

Areas for Air Quality Planning Purposes; State of Nevada; 

Redesignation of Las Vegas Valley to Attainment for PM10;, 

Proposed rule, pre-publication signature copy, June 27, 2014.

B. 79 FR 42258, Approval and Promulgation of Implementation Plans; 

Designation of Areas for Air Quality Planning Purposes; State of 

Nevada; Redesignation of Las Vegas Valley to Attainment for PM10, 

July 21, 2014.

CATEGORY II: NDEP’s SIP Revision Submittal Package

A. Letter from Colleen Cripps, Ph.D., Administrator, Nevada Division 

of Environmental Protection, to Jared Blumenfeld, Regional 

Administrator, EPA Region IX, September 7, 2012.

B. Letter from Lewis Wallenmeyer, Director, Clark County Department 

of Air Quality, to Colleen Cripps, Administrator, Nevada Division 

of Environmental Protection, August 27, 2012.

C. Redesignation Request and Maintenance Plan for Particulate Matter 

(PM10), Clark County, Nevada, August 2012.

D. Letter from Colleen Cripps, Ph.D., Administrator, Nevada Division 

of Environmental Protection, to Jared Blumenfeld, Regional 

Administrator, EPA Region IX, May 27, 2014

E. Letter from Lewis Wallenmeyer, Director, Clark County Department 

of Air Quality, to Colleen Cripps, Administrator, Nevada Division 

of Environmental Protection, May 20, 2014

CATEGORY III: Relevant Portions of Approved Nevada State 

Implementation Plan

A. City of Las Vegas Building Code, Section 3708, Residential Wood 

Combustion Ordinance (Fireplace), No. 3538, November 21, 1990.

B. Clark County Building Code, Section 3708, Residential Wood 

Combustion Ordinance (Fireplace), No. 1249, December 4, 1990.
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C. City of North Las Vegas Building Code, Section 13.16.150, 

Residential Wood Combustion Ordinance (Fireplace), No. 1020, 

September 18, 1991.

D. City of Henderson Building Code, Section 15.40.010, Residential 

Wood Combustion Ordinance (Fireplace), No. 1697, October 15, 

1996.

E. PM10 State Implementation Plan for Clark County, June 2001.

F. Clark County Air Quality Regulations, Section 91 - Fugitive Dust 

from Unpaved Roads, Unpaved Alleys and Unpaved Easement Roads, 

November 20, 2001.

G. Clark County Air Quality Regulations, Section 90 - Fugitive Dust 

from Open Areas and Vacant Lots, December 17, 2002.

H. Clark County Air Quality Regulations, Section 92 - Fugitive Dust 

from Unpaved Parking Lots, Material Handling & Storage Yards, & 

Vehicle & Equipment Storage Yards, December 17, 2002.

I. Clark County Air Quality Regulations, Section 93 - Fugitive Dust 

from Paved Roads & Street Sweeping Equipment, March 4, 2003.

J. Clark County Air Quality Regulations, Section 94 – Permitting & 

Dust Control for Construction Activities, March 18, 2003.

K. Nevada Administrative Code, Section 445B.22083 – Construction, 

major modification or relocation of plants to generate 

electricity using steam produced by burning of fossil fuel, 

October 31, 2005.

L. Nevada Administrative Code, Section 445B.2203 - Emissions of 

particulate matter: Fuel-burning equipment, 

M. Nevada Administrative Code, Section 445B.22017 - Visible 

emissions: Maximum opacity; determination and monitoring of 

opacity, 

N. Clark County Air Quality Regulations, Section 12 –

Preconstruction Review for New or Modified Stationary Sources, 

September 7, 2004.

O. Clark County Air Quality Regulations, Section 26 - Emission of 

visible air contaminants, August 27, 1981.

P. Clark County Air Quality Regulations, Section 27 - Particulate 

matter from process weight rate, June 18, 1982.
3

Q. Clark County Air Quality Regulations, Section 28 - Fuel 

burning equipment, August 27, 1981.

R. Clark County Air Quality Regulations, Section 30 –

Incinerators, June 18, 1982.

S. Clark County Air Quality Regulations, Section 42 - Open 

burning, August 27, 1981.

T. Clark County Air Quality Regulations, Section 41 – Fugitive 

Dust, August 27, 1981.

CATEGORY IV: Related EPA Proposed and Final Rules

A. 52 FR 24634, “Revisions to the National Ambient Air Quality 

Standards for Particulate Matter,” Final rule, July 1, 1987.

B. 56 FR 11101, “Designations and Classifications for Initial PM-10 

Nonattainment Areas,” Notice announcing designations and 

classifications for initial PM-10 nonattainment areas, March 15, 

1991.

C. 57 FR 13498, “State Implementation Plans; General Preamble for 

the Implementation of Title I of the Clean Air Act Amendments of 

1990,” General preamble for future proposed rulemakings, April 

16, 1992.

D. 57 FR 18070, “State Implementation Plans; General Preamble for 

the Implementation of Title I of the Clean Air Act Amendments of 

1990; Supplemental,” General preamble for future proposed 

rulemakings; Appendices, April 28, 1992.

E. 57 FR 27936, “Approval and Promulgation of Implementation Plans; 

and Designation of Areas for Air Quality Planning Purposes; State 

of Kansas,” Final rule, June 23, 1992.

F. 57 FR 27939, “Approval and Promulgation of Implementation Plans; 

and Designation of Areas for Air Quality Planning Purposes; State 

of Missouri,” Final rule, June 23, 1992.

G. 58 FR 3334, “Reclassification of Moderate PM-10 Nonattainment 

Areas to Serious Areas,” Final rule, January 8, 1993.

H. 58 FR 62188, “Criteria and Procedures for Determining Conformity 

to State or Federal Implementation Plans of Transportation Plans, 

Programs, and Projects Funded or Approved Under Title 23 U.S.C. 

or the Federal Transit Act,” Final rule, November 24, 1993.
4

I. 59 FR 41998, “State implementation Plans for Serious PM10

Nonattainment Areas, and Attainment Date Waivers for PM10

Nonattainment Areas Generally; Addendum to the General Preamble 

for the Implementation of title I of the Clean Air Act Amendments 

of 1990,” Addendum to General Preamble for future rulemakings, 

August 16, 1994.

J. 60 FR 12459, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes; State 

of Michigan,” Final rule, March 7, 1995.

K. 60 FR 62748, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes; State 

of Florida Change in National Policy Regarding Applicability of 

Conformity Requirements to Redesignation Requests,” Final rule 

December 7, 1995.

L. 61 FR 20458, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes; 

Ohio,” Final rule, May 7, 1996.

M. 61 FR 31831, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes; State 

of Michigan,” Final rule, June 21, 1996.

N. 61 FR 53174, “Approval and Promulgation of Air Quality 

Implementation Plans; Pennsylvania; Redesignation Request, 

Maintenance Plan, and Emissions Inventory for the Reading Ozone 

Nonattainment Area; Policy Change for Ozone Redesignations,” 

Proposed rule, October 10, 1996.

O. 62 FR 24826, “Approval and Promulgation of Air Quality 

Implementation Plans; Pennsylvania; Redesignation Request, 

Maintenance Plan, and Emissions Inventory for the Reading Ozone 

Nonattainment Area; Ozone Redesignations Policy Change,” Final 

rule, May 7, 1997.

P. 65 FR 37879, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes; Ohio 

and Kentucky,” Final rule, June 19, 2000.

Q. 66 FR 53094, “Approval and Promulgation of Air Quality 

Implementation Plans and Designation of Areas for Air Quality 

Planning Purposes; Pennsylvania; Redesignation of PittsburghBeaver Valley Ozone Nonattainment Area to Attainment and Approval 

of Miscellaneous Revisions,” Final rule, October 19, 2001.

R. 66 FR 53665, “Approval and Promulgation of Implementation Plans 

and Redesignation of Areas for Air Quality Planning Purposes; 
5

Kentucky and Indiana; Approval of Revisions to State 

Implementation Plan; Kentucky,” Final rule, October 23, 2001.

S. 68 FR 2954, “Approval and Promulgation of Implementation Plans; 

Nevada—Las Vegas Valley PM–10 Nonattainment Area; Serious Area 

Plan for Attainment of the Annual and 24-Hour PM–10 Standards,” 

Proposed rule, January 22, 2003.

T. 68 FR 52838, “Revisions to the Nevada State Implementation Plan, 

Clark County Air Quality Management Board,” Direct final rule, 

September 8, 2003.

U. 69 FR 31056, “Approval and Promulgation of Implementation Plans; 

New Source Review; State of Nevada, Clark County Department of 

Air Quality Management,” Proposed rule, June 2, 2004.

V. 69 FR 32273, “Approval and Promulgation of Implementation Plans; 

Nevada Las Vegas Valley PM-10 Nonattainment Area; Serious Area

Plan for Attainment of the Annual and 24-Hour PM–10 Standards,” 

Final rule, June 9, 2004.

W. 69 FR 54006, “Approval and Promulgation of Implementation Plans; 

New Source Review; State of Nevada, Clark County Department of 

Air Quality and Environmental Management,” Final rule, September 

7, 2004.

X. 71 FR 61144, “National Ambient Air Quality Standards for 

Particulate Matter,” Final rule, October 17, 2006.

Y. 71 FR 61236, “Revisions to Ambient Air Monitoring Regulations,” 

Final rule, October 17, 2006.

Z. 72 FR 6986, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes: 

California,” Proposed rule, February 14, 2007.

AA. 72 FR 26718, “Approval and Promulgation of Implementation Plans 

and Designation of Areas for Air Quality Planning Purposes: 

California,” Final rule, May 11, 2007.

BB. 73 FR 20536, “Approval and Promulgation of Implementation Plans; 

Revisions to the Nevada State Implementation Plan; Stationary 

Source Permits,” Final rule, April 16, 2008.

CC. 73 FR 66182, “Approval and Promulgation of Implementation Plans; 

Revisions to the Nevada State Implementation Plan; Clark County,” 

Direct final rule, November 7, 2008.

DD. 75 FR 17254, “40 CFR Parts 51 and 93; Revisions to the General 

Conformity Regulations,” Final rule, April 5, 2010.
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EE. 75 FR 45485, “Determination of Attainment for PM10 for the Las 

Vegas Valley Nonattainment Area, NV,” Direct final rule, August 

3, 2010.

FF. 77 FR 17334, “Approval and Promulgation of Air Quality 

Implementation Plans; State of Nevada; Regional Haze State 

Implementation Plan,” Final rule, March 26, 2012.

GG. 77 FR 50936, “Approval and Promulgation of Air Quality 

Implementation Plans; Nevada; Regional Haze State and Federal 

Implementation Plans; BART Determination for Reid Gardner 

Generating Station, Final rule, August 23, 2012.

HH. 77 FR 64039, “Limited Approval and Disapproval of Air Quality 

Implementation Plans; Nevada; Clark County; Stationary Source 

Permits,” Final Rule, October 18, 2012.

II. 77 FR 64737, “Partial Approval and Partial Disapproval of Air 

Quality State Implementation Plans; Nevada; Infrastructure 

Requirements for Ozone and Fine Particulate Matter,” Final rule, 

October 23, 2012.

JJ. 78 FR 3086, “National Ambient Air Quality Standards for 

Particulate Matter,” Final rule, January 15, 2013.

KK. 78 FR 44494, “Approval and Promulgation of Implementation Plans; 

Designation of Areas for Air Quality Planning Purposes; State of 

California; PM10; Redesignation of Sacramento to Attainment; 

Approval of PM10 Redesignation Request and Maintenance Plan for 

Sacramento,” Proposed rule, July 24, 2013. 

LL. 78 FR 59261, “Approval and Promulgation of Implementation Plans; 

Designation of Areas for Air Quality Planning Purposes; State of 

California; PM10; Redesignation of Sacramento to Attainment; 

Approval of PM10 Redesignation Request and Maintenance Plan for 

Sacramento,” Final rule, September 26, 2013.

MM. 54 FR 41218, “Prevention of Significant Deterioration for 

Particulate Matter,” Proposed Rule, October 5, 1989

NN. 58 FR 31622, “Prevention of Significant Deterioration for 

Particulate Matter,” Final rule, June 3, 1993.

CATEGORY V: Other Documents Relied Upon for Proposed Rulemaking

A. PM-10 SIP Development Guideline, Office of Air Quality Planning 

and Standards, EPA, Document ID EPA–450/2–86–001, June 1987.
7

B. Memorandum from John Calcagni, Office of Air Quality Planning and 

Standards, EPA, “Procedures for Processing Requests to 

Redesignate Areas to Attainment,” September 4, 1992.

C. PM–10 Emissions Inventory Requirements, Office of Air Quality 

Planning and Standards, EPA, Document ID EPA–454/R–94–033, 

September 1994.

D. Memorandum from Mary D. Nichols, Assistant Administrator for Air 

and Radiation, EPA, “Part D New Source Review (part D NSR) 

Requirements for Areas Requesting Redesignation to Attainment,” 

October 14, 1994.

E. EPA, Compilation of Air Pollutant Emission Factors, AP-42, 

Section 13.2.1, Paved Roads, January 2011.

F. Letter from Matthew Lakin, EPA Region IX, to Mike Sword, Clark 

County DAQ, February 28, 2013.

G. Letter from Lewis Wallenmeyer, Clark County DAQ, to Jared 

Blumenfeld, Regional Administrator, EPA Region IX, April 30, 

2013.

H. Letter from Matthew Lakin, EPA Region IX, to Mike Sword, Clark 

County DAQ, June 5, 2013.

I. Letter from Mike Sword, P.E., CEM, Engineering Manager, Clark 

County DAQ, to Jared Blumenfeld, Regional Administrator, EPA 

Region IX, June 4, 2013, and attached Annual Monitoring Network 

Plan Report (June 2013).

J. Letter from Deborah Jordan, Director, Air Division, EPA Region 

IX, to Lewis Wallenmeyer, Director, Clark County DAQ, August 1, 

2013.

K. EPA, “Adequacy Documentation for Plan Motor Vehicle Emission 

Budgets in August 2012 Clark County PM10 Maintenance State 

Implementation Plan,” Memorandum, October 28, 2013.

L. Letter from Meredith Kurpius, Manager, Air Quality Analysis 

Office, EPA Region IX, to Mike Sword, Engineering Manager, Clark 

County DAQ, October 30, 2013.

M. Memorandum from Joseph W. Paisie, Acting Chief, SO2/Particulate 

Matter Programs Branch, EPA Office of Air Quality Planning and 

Standards, to Chief, Air Branch, Regions I-X, entitled “TSP 

Redesignation Request”, May 20, 1992.

N. Letter from Meredith Kurpius, Manager, Air Quality Analysis 

Office, EPA Region IX, to Phil Wiker, Engineering Manager, Clark 

County DAQ, dated December 11, 2013.
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O. EPA Region IX, Technical System Audit Report, Clark County 

Department of Air Quality Ambient Air Monitoring Program, July 

26-July 27, 2012, Final report, July 2013

P. Letter from Lewis Wallenmeyer, Clark County DAQ, to Fletcher

Clover, Air Quality Analysis Office, EPA Region IX, dated April 

22, 2014

Q. Letter from Jared Blumenfeld, Regional Administrator, EPA Region 

IX, to Lewis Wallenmeyer, Clark County DAQ, dated June 25, 2014

R. Air Quality System Design Value Report for Las Vegas PM10

nonattainment area, 2013, June 25, 2014.

S. Air Quality Quick Look Report for Las Vegas PM10 nonattainment 

area, 2011-2013, June 25, 2014.

T. Air Quality Quick Look Report for Las Vegas PM10 nonattainment 

area, 2014, June 25, 2014.

CATEGORY VI: Public Comments on Proposed Rulemaking

None

CATEGORY VII: Notices of Final Rulemaking

A. Approval of Implementation Plans and Designation of Areas for Air 

Quality Planning Purposes; Las Vegas Valley, Nevada, 

Redesignation to Attainment for PM10;, Final rule, pre-publication 

signature copy, September XX, 2014.

CATEGORY VIII: Additional Materials Relied Upon for Final Rule

A. Data Completeness Report for Las Vegas PM10 nonattainment area, 

2013, September 12, 2014.

B. Air Quality Quick Look Report for Las Vegas PM10 nonattainment 

area, 2011-2013, September 12, 2014.

C. Air Quality Design Value Report for Las Vegas PM10 nonattainment 

area, 2014, September 12, 2014.