ADOPTED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION LCB File No. R126-10 Effective December 16, 2010

EXPLANATION – Matter in italics is new; matter in brackets [ omitted material ] is material to be omitted.

AUTHORITY: §§1-5, NRS 445B.210.
A REGULATION relating to air pollution; revisi ng the definition of “stationary source”; revising certain provisions relating to environmental ev aluations; revising certain provisions concerning the meas urement of maximum heat input for the purpose of determining the effects of a Class I source on the quality of ambient air; and providing other matters properly relating thereto.

Section 1. NAC 445B.138 is hereby amended to read as follows: 445B.138 “Potential to emit” means the maximum cap acity of a stationary source to emit a regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a stationary source to emit a regulated air pollutant, including equipment for the control of air pollution and an y restrictions on the hours of operation of the stationary source or on the type or amount of material combuste d, stored or processed, may be treated as part of its design for the purposes of determining its potential to emit if the limitation is federally enforceable
. [ by the Director. ] Sec. 2. NAC 445B.187 is hereby amended to read as follows: 445B.187 1. “Stationary source” means all bu ildings, structures, facilities and installations, including te mporary sources, which:

-- 1-- Adopted Regulation R126-10(a) Belong to the same major industrial groupings described in the Standard Industrial Classification Manual , as incorporated by reference in NAC 445B.221; (b) Are located on one or more contiguous or adjacent properties; (c) Are owned or operated by the same person or by persons under common control; and (d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.3791, inclusive. 2. Contracted operations that support the primar y operations of the stationary source are part of the stationary source, except that tempor ary construction activit ies, including, without limitation, the construction of emission units, are not part of the stationary source. 3. The term does not include motor vehicles, [ special mobile equipment, ] nonroad engines and nonroad vehicles. Sec. 3. NAC 445B.311 is hereby amended to read as follows: 445B.311 1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 445B.308 to 445B.314, inclusiv e, or as required by the Director must contain a careful and detailed assessment of th e environmental aspects of the proposed stationary source and must also contain: (a) The name and addr ess of the applicant; (b) The name, address and location of the stationary source; (c) A description of the propos ed stationary source, including the normal hours of operation of the facility and the general type s of activities to be performed; (d) A map showing the location of the sta tionary source and the topography of the area, including existing principal street s, roads and highways within 3 miles of the stationary source;

-- 2-- Adopted Regulation R126-10(e) A site plan showing the location and height of build ings on the site; (f) Any additional information or documentation which the Director deems necessary to determine the effect of the st ationary source on the quality of the ambient air, including measured data on the quality of the ambient ai r and meteorological condi tions at the proposed site before constructi on or modification; and (g) A dispersion analysis of each regulated air pollutant. 2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project. 3. An environmental evaluation must also consider good engineering practice stack height. If the Director considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall: (a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of NAC 445B.083; and (b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class I operating pe rmit set forth in subsections 7, 9 and 10 of NAC 445B.3395. 4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated air pollutant must include: (a) A dispersion model based on the applic able models, bases and other requirements specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51,

-- 3-- Adopted Regulation R126-10as adopted by reference in NAC 445B.221, ex cept that the Director may authorize the modification of a model specified in the “Guideline on Air Qual ity Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director [ determines ] : (1) Determines that the modification or use is appropriate; (2) Obtains written approval of the modifica tion or use from the Administrator; and (3) Provides notice of and establishes a 30-day period for comment in accordance with the applicable provisions of NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477; (b) A narrative report describing: (1) If applicable, assumptions and premis es used in the analysis, including, without limitation: (I) Model options chosen; (II) Urban versus rural selection; (III) Background concentrations; (IV) Characterization of emission sources as point, area or volume; (V) Emission discharge points; and (VI) Rate of emission from each emission unit; and (2) The geographic area considered in the analysis, includi ng, without limitation, information concerning: (I) The nearest significant terrain features; (II) The receptor grid or grids; and (III) Restrictions on public access to the st ationary source; and

-- 4-- Adopted Regulation R126-10(c) Valid meteorological inform ation pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which: (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by referen ce in NAC 445B.221: (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC 445B.308, and which cove rs a period of not less than 1 year; (II) Has been obtained from an off-site loca tion representative of the proposed site and which covers a period of not less than 1 year; (III) Represents the worst-case meteorol ogical conditions, as approved by the Director for synthetic data; or (IV) Has been obtained over the last 5 y ears at the nearest National Weather Service site; or (2) For sources that are subject to th e permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B. 221, is representative of the sour ce site location and source emissions and which covers a period of not less than 1 year. Sec. 4. NAC 445B.313 is hereby amended to read as follows: 445B.313 For the purposes of determining the effect s of Class I sources on the quality of ambient air and determining the ap plicability of a federally enforceable standard or requirement to an emission unit, the maximum h eat input will be determined by : 1. Multiplying the maximum fuel rate as de termined by the manufacturer by the total calorific value of the fu el as determined by using the appropriate met hod of ASTM International [

. ] ; or

-- 5-- Adopted Regulation R126-10--6-- Adopted Regulation R126-10 2. An alternative method specified by the Director as a condition contained in the operating permit of the Class I source. Sec. 5. NAC 445B.179 is hereby repealed.

TEXT OF REPEALED SECTION

445B.179 “Special mobile equipment” defined. (NRS 445B.210) “Special mobile equipment” has the meaning ascribed to it in NRS 482.123.