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ENCLOSURE 1 

CAA 110(a)(2)(A)-(M) Requirements in the 

Current Nevada State Implementation Plan (SIP) for 8-Hour Ozone 

The federally enforceable applicable state implementation plan (SIP) for Nevada is compiled in 40 CFR Part 52 S

of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the eight

Ambient Air Quality Standards (NAAQS) are already contained in the current SIP1. The following table summa

requirements of Section 110(a)(2)(A)-(M) are addressed. Provisions of the current SIP referenced below, and wh

may be viewed in the attached copies of the regulatory and statutory elements of Nevada’s SIP (Enclosures 2 and 

Section 110(a) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current SIP 

§110(a)(2)(A) Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control 

measures, means or techniques, schedules for compliance and other related matters. EPA notes that the specific nonattainment area plan requirements of section 110(a)(2)(I) are subject to the timing requirement of section 172, not the timing requirement of section 110(a)(1), and also that SIPs to meet this section are not covered by the Consent Decree. 

The SIP includes enforceable emission limits and other control mtechniques, schedules for compliance and other related matters 445B.2202, 445B.22027, 445.729, 445.730, 445B.2203, 445B.2

7.2.5.1, 445B.22043, 445B.22047, 445B.22043, 445B.22047, 44445B. 2207, Article 16.3.3.2, Article 16.3.3.3, 445B.808, 445B.8445B.2209, 445B.22093 and the Article 13 “General Provisions Sources.” 

§110(a)(2)(B) Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and NDEP operates an air quality monitoring network that collects a

are compiled, analyzed and reported to EPA. The network com

1 NDEP notes that many of the current SIP regulatory provisions are seriously outdated and do not correspond to current State regulatio

NDEP submitted a major SIP update with a revision in January 2006 and several supplemental submissions thereafter in response to EP

acted on a potion of these submittals, but has proposed to disapprove the majority of Nevada’s permitting program regulations update (2007). In the Technical Support Document for their proposed disapproval, EPA notes that most of Nevada’s updated regulations are aptheir decision that the majority of the regulations comprising Nevada’s permitting program are not separable, EPA is proposing to disappermitting program update. Of 94 permitting regulations submitted, EPA found 87 to be nonseparable. Of these 87, EPA found that 71 as submitted (although EPA did make minor comments on 10 of these). For the remaining 16 regulations, Nevada submitted evidence showing that EPA’s issues had been or were being addressed for 9 of them. NDEP further argued that the last 7 provisions were approvthe date of this ozone infrastructure SIP submittal, EPA has not made a final determination regarding the update of Nevada’s SIP permi

contends that Nevada’s 8-hour ozone SIP would better address the required section 110(a)(2) elements if NDEP’s permitting program uonce again requests that EPA act to approve Nevada’s permitting provisions update. 
Section 110(a) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current SIP 

operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. 

monitors that measure ozone, carbon monoxide and PM10. NDE

air quality monitoring program in its CAA section 105 grant work 

§110(a)(2)(C) Section 110(a)(2)(C) requires States to include a program providing for enforcement

of all SIP measures and the regulation of construction of new or modified stationary sources to meet prevention of significant deterioration (PSD) and nonattainment newsource review (NSR) requirements. 

Compliance and enforcement measures are contained in NAC 44445.667, 445.682, 445.694, 445.696, 445.697, Article 2.5.4, Articand Article 2.16.2.5. NDEP was given full delegation of the fedeCFR 52.21 on October 19, 2004 (see also § 110(a)(2)(J) – PSD/Nonattainment NSR provisions are found in Article 13 “General Pof New Sources” in the current SIP. 

§110(a)(2)(D) Section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source or other type

of emissions activity in one State from contributing significantly to nonattainment, orinterfering with maintenance, of the NAAQS in another State, or from interfering with measures required to prevent significant deterioration of air quality or to protect visibility in another State. 

On July 31, 2007, EPA’s approval of Nevada’s interstate transpo

110(a)(2)(D)(i)) for the 8-hour ozone and PM2.5 NAAQS promulga

published in the Federal Register (72 FR 41629). Article 13 of thProvisions for the Review of New Sources,” requires an environmbefore a registration certificate may be issued (see Enclosure 2). delegation of the federal PSD program, including NSR reform pro

§110(a)(2)(E) Section 110(a)(2)(E) requires States to provide for adequate personnel, funding, and legal 

authority under State law to carry out its SIP, and related issues. 

The legal authority for carrying out the Nevada SIP is contained Statutes (NRS) that have been approved into the SIP; the speciffunding to support SIP requirements include NRS 445B.230, 445The Nevada Legislature approves BAQP/BAPC’s funding and petwo years. BAQP/BAPC receives funding from fees paid by regu

vehicle registration fees and federal grants. The State Fiscal Yeabout $6.59 million with about 50 approved full-time equivalent sbudget is about $6.81 million.

§110(a)(2)(F) Section 110(a)(2)(F) requires States to establish a system to monitor emissions from

stationary sources and to submit periodic emissions reports. 

Nevada’s current SIP provides a system for monitoring emissionand the submittal of periodic emission reports in NAC 445B.256 445B.267. 

§110(a)(2)(G) Section 110(a)(2)(G) requires States to provide for authority to address activities 

causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs. 

Emergency powers are provided in Nevada’s current SIP in NRS and NAC 445B.230. 

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Section 110(a) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current SIP 

§110(a)(2)(H) Section 110(a)(2)(H) requires States to have 

the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

NRS 445B.205 designates the Department of Conservation and (Department) as the air pollution control agency for the State of Nthe Clean Air Act insofar as it pertains to State programs. Within has responsibility to manage the air quality planning and air polluthe State. NDEP commits to submit appropriate SIP revisions wstandards are promulgated by EPA. 

§110(a)(2)(I)

Section 110(a)(2)(I) requires, in the case of a SIP or SIP revision for a nonattainment area,the SIP must meet applicable requirements ofpart D relating to nonattainment areas. 

NDEP commits to submit timely SIP revisions whenever areas of designated nonattainment for any federal ambient air quality stan

§110(a)(2)(J); CAA § 121 

Section 110(a)(2)(J) requires States to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to section 121 relatingto consultation.

The Nevada Administrative Procedure Act, NRS Chapter 233B, rprovision of comment opportunities to all parties affected by propAdditionally, NAC 445.707 requires public participation in the Staquality operating permits (registration certificates). NDEP commprocess of consultation with parties designated under section 12local governments, designated organizations of elected officials oaffected Federal land managers). 

§110(a)(2)(J); CAA § 127 

Section 110(a)(2)(J) further requires States to notify the public if NAAQS are exceeded in anarea and to enhance public awareness of measures that can be taken to prevent exceedances. 

The only nonattainment areas in the State lie within Washoe and of the State (NDEP’s jurisdiction) is attainment or unclassifiable fmaintains a web site, http://ndep.nv.gov/, which describes the St

and air pollution control programs and includes public information and news releases. Air quality monitoring data and trends are reincluding real-time monitoring for particulate matter (PM10) in Pah

§110(a)(2)(J); PSD/Visibility

Section 110(a)(2)(J) also requires States to meet applicable requirements of part C related to prevention of significant deterioration and visibility protection. 

NDEP was given partial delegation of the federal PSD program (1983; full delegation effective October 10, 1988; revoked for a 3 3 to June 3, 2003; partial delegation June 3, 2003. NDEP was aof the federal PSD program on October 19, 2004, including NSR 

§110(a)(2)(K) Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for

predicting effects on air quality of emissions from any NAAQS pollutant and submission of such data to EPA upon request. 

This requirement is addressed by the environmental evaluation pProvisions for the Review of New Sources” in Article 13 of the SI

§110(a)(2)(L) Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting 

fees to cover the cost of reviewing, approving, implementing and enforcing a permit. 

The Nevada Revised Statutes (NRS) that deal with funding to suinclude NRS 445B.230, 445B.235 and 445B.300. Permitting fee445.704, 445.706, 445.707 and 445.712 to 445.716. 

§110(a)(2)(M) Section 110(a)(2)(M) requires States to The Nevada Administrative Procedure Act, NRS Chapter 233B, r

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Section 110(a) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current SIP 

provide for consultation and participation inSIP development by local political subdivisionsaffected by the SIP. 

provision of comment opportunities to all parties affected by prop445B.707 requires public participation in the State program to isspermits (registration certificates). 

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