Nevada Division of Environmental Protection June 3 , 2013 

# Th e Nevada Division of Environmental

Protection Por tion of the Nevada State Implementation Plan for the

20 10 Sulfur Dioxide Primary NAAQS

June 3

, 2013

State of Nevada

Nevada Division of Environmental Protection 901 South Stewart Street, Suite 4001 Carson City, Nevada 89701

775.687.4670 http://ndep.nv.gov/Nevada Division of Environmental Protection June 3 , 2013 ( This page left intentionally blank .)Nevada Division of Environmental Protection June 3 , 2013 

## Acronyms and Abbreviations

BART Best available retrofit technology

CAA Clean Air Act

CFR Code of Federal Regulations

FIP Federal implementation plan

FR Federal Register NAAQS National ambient air quality standard

NDEP Nevada Division of Environmental Protection

NAC Nevada Administrative Code

NRS Nevada Revised Statute

NSR New source review

PM 2.5 Particulate matter less than or equal to a nominal 2.5 microns in aerodynamic

diameter

PM 10 Particulate matter less th an or equal to a nominal 10 microns in aerodynamic

diameter

PSD Prevention of significant deterioration

RH Regional haze

SIP State implementation plan

SO 2 Sulfur dioxide

US EPA U.S. Environmental Protection AgencyNevada Division of Environmental Protection June 3 , 2013 ( This page left intentionally blank .)Nevada Division of Environmental Protection June 3 , 2013

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## Introduction and Background

Sections 110(a)(1) and 110(a) (2), which are generally called the “ i nfrastructure” s tate
i mplementation p lan (SIP) requirements of the Clean Air Act (CAA)

, require states to submit a plan to the U.S. Environmental Protection Agency ( US EPA) demonstrating their ability and authority to implement, maintain, and enforce each newly promulgated or revised national ambient air quality standard (NAAQS). Section 110(a)(1) addresses the timing requirement for

the submission of infrastructure SIP s

. States are required to submit a statewide infrastructure SIP

to the US EPA not l ater than 3 years after promulgation of a new or revised NAAQS.

Section 110(a)(2) lists the elements

, (A) through (M)

, that generally must be addressed in an infrastructure SIP. Many of the section 110(a)( 2) elements relate to the general information and

authorities that constitute the infrastructure of a s tate’s air quality management program. The required elements include: enforceable emission limitations, an ambient air monitoring program,

an enforcement program, air quality modeling capabilities

, and confirmation of adequate personnel, resources and legal authorit y

.

The federally enforceable applicable SIP for Nevada is compiled in 40 CFR Part 52 Subpart DD.

This infrastructure SIP addresses the Nevada Division of Environmental Protection’s (NDEP) authority to implement, maintain and enforce the 20 10 primary sulfur dioxide (SO 2 ) NAAQS for

the NDEP’s jurisdiction. The following table demonstrates how the NDEP, through its SIP and

state programs, addresse s each of the applicable req uirements of section 110(a)(2). Although some of the SIP provisions cited may not be in state regulation, they are incorporated into title V operating permits and are federally enforceable.

Per US EPA direction, the NDEP has developed the table in accordance with US EPA’s October 14, 2011 guidance for the 2008 lead NAAQS (US EPA, Memorandum to Regional Air Division Directors, 10/14/11. Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). Stephen D. Page)

. The description of each required element is

taken from the guidance. We have also relied on US EPA’s recent action on Nevada’s ozone and fine particulate matter infrastructure SIPs (77 FR 64737). The statutory and regulatory p rovisions

of the applicable SIP referenced in the table were previously submitte d to US EPA with Nevada’s nitrogen dioxide infrastructure SIP (January 18, 2013)

.

The following support documents are appended:

APPENDIX A : Non

- SIP P rovisions C ited in Elements A and J

APPENDIX B : Ambient Air Monitoring Network Plan 2012

APPENDIX C : Interstate Transport Analysis for the 2010 SO 2 Primary NAAQS

APPENDIX D : May 30, 2007 L etter to the US EPA Region 9 Administrator

APPENDIX E: Evidence of Public ParticipationNevada Division of Environmental Protection June 3 , 2013

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### Nevada Applicable State Implementation Plan Provisions for the 2010 SO 2 

### Primary NAAQS:

Nevada Division of Environmental Protection Jurisdiction

SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

(A) E mission limits and other control measures :

Each such plan shall [. . .] include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auct ions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter.

The dominant source sector for sulfur di oxide (SO 2 ) emissions is fossil fuel combustion at power plants and other industrial facilities

. Smaller sources of SO 2 emissions include industrial processes such as extracting metal from ore as well as the burning of high sulfur containing fuels by locomotives, large ships, and nonroad equipment. The Nevada applicable SIP includes enforceable emission limits and other control measures, means

, or techniques, as well as schedules for compliance to support element (A) in Nevada Administrative Code (NAC):

 Article 8 .2.1 “No person shall cause, suffer, allow or permit the emission of sulfur compounds cause by the combustion of fuel in excess of....”

 Article 8.2.2 “For the purpose of Article 8, “sulfur emission” means the sulfur portion of the sulfur compounds emitted.”

 445B.2204 “ Sulfur emission ” defined

.

 445B.22043 Sulfur emissions: Calculation of total feed sulfur.

 445B.22047 Sulfur emissions: Fuel

- burning equipment.

 445B. 2205 Sulfur emissions: Other processes which emit sulfur.

 445B.22067 Open burning.

 445B.2207 Incinerator burning.

 445B. 22083 Construction, major modification or relocation of plants to generate electricity using steam produced by burning of fossil fuels.

 445B.22095 Emission limitation for BART.

 445B.22096 Control measures constituting BART; limitations on emissions.

 445B.22097 Standards of quality for ambient air

.

1 The NDEP requests that as provisions in Nevada’s current applicable SIP are replaced or removed through subsequent approvals by US EPA of updated provisions submitted by the NDEP, US EPA also replace or remove those provisions in this SO 2 infrastructure SI P.Nevada Division of Environmental Protection June 3 , 2013

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 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.

 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption

.

 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height

.

The following provisions have not been submitted as part of Nevada’s SIP, but are in the NAC and further support this element requirement (see Appendix A ):

 445B.22057 Allowable emissions of sulfur from specific sources: Units Numbers 1, 2 and 3 of Reid Gardner Power Station

.

 445B.2206 Allowable emissions of sulfur from specific sources: Unit Number 4 of Reid Gardner Power Station

.

 445B.22063 All owable emissions of sulfur from specific sources: North Valmy Power Station

.

 445B.2208 Emission of hydrogen sulfide from certain facilities for generating electricity from geothermal brine).

 445B.221 Adoption by reference and applicability of certain provisions of federal law and regulations

.

Finally, t he NDEP does not have a SIP

- based program to prevent significant deterioration of air quality; however, pursuant to 40 CFR 52.21(u), the US EPA has delegated its responsibility for implementation of the federal prevention significant deterioration ( PSD ) program to the NDEP as it existed on July 20, 2011

. The P S D program provides a permitting review system to assure that the best controls available are selected before construction of a new major stationa ry source or modification of an existing major stationary source.

(B) Ambient air quality monitoring/data system :

Each such plan shall [. . .] provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such

data available to the Administrator.

The NDEP commit s to an ambient air quality monitoring program in its CAA section 105 grant work plan. The NDEP operates an air quality monitoring network that collects ambient air quality data that are compiled, analyzed, and reported to US EPA in

accordance with 40 CFR 58 . The network comprise s federally

- approved monitors that measure PM 10 , PM 2.5 and ozone

. The NDEP

submitted its 201 2 Annual Monitoring Network Plan to US EPA on June 30, 201 2 (Appendix B)

. US EPA indicated in a February 28, 2013 letter to the NDEP that the details of the NDEP’s monitoring network , except for five items that they did not act on, meet the requirements set forth under 40 CFR Part 58.10

.Nevada Division of Environmental Protection June 3 , 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

US EPA’s new monitoring requirements for S O 2 (75 FR 35520

, June 22 , 2010) do not require monitoring for S O 2 within the NDEP’s jurisdiction, as no areas within NDEP’s jurisdiction meet the requirements for monitors to be placed in Core Based Statistical Areas based on a population weighted emissions index for the areas

.

(C) Programs for enforcement, PSD, and NSR :

Each such plan shall [. . .] include a program to provide for the enforcement of the measures described in subparagraph [element] (A), and regulation of the modification and construction of any stationary source within the areas covered by th e plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D of this subchapter. The Nevada applicable SIP contains the following provisions that provide enforcement authority

. NRS:

 445B.210 Powers of Commission.

 445B.230 Powers and duties of Department.

 445B.450 Notice and order by Director; hearing; alternative procedures.

 445B.460 Injunctive relief.

 445B.640 Levy and disposition of administrative fines; additional remedies available; penalty.

NAC :

 445B.225 Prohibited conduct: Concealment of emissions

.

 445B.227 Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; modification of required procedure

.

 445B.229 Hazardous emissions: Order for reduction of emissions

.

 445.667 Excess emissions: Scheduled main tenance; testing; malfunctions

.

 445B.250 Notification of planned construction or reconstruction.

 445B.252 Testing and sampling.

 445.694 Emission discharge information.

 445B.275 Violations : Acts constituting; notice.

 445B.277 Stop orders

.

 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.

 Article 13 General Provisions for the Review of New Sources.

In addition

, t he NDEP has full delegation from the US EPA of the federal PSD program as it existed on July 20, 2011 at 40 CFR

52.21

.

(D)(i) Interstate transport provisions :

Each such plan shall [...] contain adequate provisions: (i) prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the S tate from emitting any air pollutan t in amounts which will, (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other S tate with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other S tate under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility. (D)(i)(I) Gina McCarthy, Assistant Administrator of the US EPA issue d a memo on November 19, 2012 to EPA Air Division Directors, Regions 1

- 10, regarding states’ and US EPA’s obligations with respect to the requirements of (D)(i)(I)

. Ms. McCarthy notes:

“I would also like to note that the recent CSAPR decision made certain holdin gs regarding the requirement for states to submit SIPs addressing the provisions of Clean Air Act section 110(a)(2)(D)(i)(I), the good neighbor provision that addresses upwind emis sions linked to NAAQS attainment problems in downwind states. The decision s tates that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation. Although we have filed a petition for rehearing of th e Court’s decision, including this element of the decision, and alt hough the mandate for that decision has not yet been issued, we intend to act in accordance with the decision during the pendency of the appeal. Therefore, at this time the EPA does not intend to make findi ngs that states failed to submit SIPs to comply wi th section 110(a)(2)(D)(i)(I). To the extent that states may inquire about their obligations to submit SIPs addressing this provision, we believe it would be appropriate to convey that at this time we do not intend to mak e such findings with respect to sec tion 110(a)(2)(D)(i)(I) .”

Because US EPA has not informed Nevada of its contribution to any SO 2 NAAQS attainment problem in downwind states, the NDEP concludes that it is not obligated to address this requirement at this time

. Nevertheless, the NDEP did conduct an interstate transport analysis, which is presented in Appendix C. Based on th is analysis , the State of Nevada concludes that sulfur dioxideNevada Division of Environmental Protection June 3 , 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

emissions from Nevada do not contribute to nonattainment or interfere with maintenance of the 2010 SO 2 sta ndard or the previous

SO 2 standards in any other state. Nevada commits to continue to review new air quality information as it becomes available to ensure that this negative declaration is still supported by such information.

(D)(i)(II) New major sources and major modifications in Nevada are subject to PSD . T he NDEP does not have a SIP

- based program to

prevent significant deterioration of air quality; however, pursuant to 40 CFR 52.21(u), the US EPA has delegated its responsibility for implementati on of the federal PSD program to the NDEP as it existed on July 20, 2011 thus meeting the requirements of ( D)(i)(II). T

he visibility requirements of subsection (D)(i)(II) are addressed by the “Nevada Regional Haze State Implementation

Plan. ” US EPA finalized approval of most of the Nevada r egional h aze SIP on March 26, 2012 ( 77 FR 17334 ). US EPA approv ed in part and disapproved in part the remaining portion of the r egional h aze SIP on August 23, 2012 (77 FR 50936). In the same action, US EPA promulgated a FIP replacing the disapproved provisions of the State plan.

(D)(ii) Interstate and international transport provisions :

Each such plan shall [. . .] contain adequate provisions : (ii) insuring compliance with the applicable requirements of CAA

sections 115 or 126 that involve SO 2 emissions (relating to interstate and international pollution abatement).

CAA section 115 The requirements of section 115 do not apply, because there are no actions pending against Nevada.

CAA section 126

The following provisions (NAC) of the Nevada applicable SIP address the CAA section 126(a) requirements regarding notification to affected nearby states of major proposed new or modified sources. [see also elements (J) and (M)] :

 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

 445B.3364 Operating permit to construct: Action by Director on application; notice; public comment and hearing.

 445B. 3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of permit.

 445B.3425 Minor revision of permit.

 445B.344 Significant revision of permit.

 445B.3441 Administrative revision of permit to incorp orate conditions of certain permits to construct.

 445B.3457 Action by Director on application; notice; public comment and hearing; expiration of permit.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

In addition, although the NDEP does not have a SIP

- based program to prevent significant deterioration of air quality, pursuant to 40 CFR 52.21(u), the US EPA has delegated its responsibility for implementation of the federal prevention significant deterioration ( PSD ) program to the NDEP as it existed on July 20, 2011

. The federal PSD program also addresses the section 126(a) notification requirements

.

The requirements of section 126 (b) and (c) do not apply, because there are no petitions pending against Nevada.

(E) Adequate personnel, funding and authority :

Each such plan shall [. . .] provide: (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the state or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation plan or portion thereof

), (ii) requirements that the state comply with the requirements respecting state boards under section 128, (See section 40 CFR 52.1182, http://edocket.access.gpo.gov/cfr_2 004/julqtr/pdf/40cfr52.1180.pdf (iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan provision.

NRS 445B.205

, “

Department designated as State Air Pollution Control Agency

, ” designates the Department of Conservation and Natural Resources as the air pollution control agency for the State of Nevada for the purposes of the CAA insofar as it perta ins to state programs. Within the Department, pursuant to NAC 445B.053 (“Director” defined), the Director has assigned the NDEP responsibility to manage air quality planning and air pollution control programs for the State and to act on his behalf for t he purposes of adoption, revisi on and submittal of state plans ( s ee Appendix D ).

The specific statutes i n the Nevada applicable SIP that deal with personnel, funding

, authority to support SIP requirements

, CAA section 128 requirements , and state responsibility for implementing the SIP include NRS:

 232A.020 Residency requirement for appointment; terms of members; vacancies; qualification of member appointed as representative of general public; gubernatorial appointee prohibited from serving on more than one board, commission or similar body.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 281A.150 “ Public employee ” defined.

 281A.16 0 “ Public officer ” defined.

 281A.400 General requirements: exceptions.

 281A.410 Limitations on representing or counseling private persons before public agencies; disclosure required by certain public officers.

 281A.420 Requirements regarding disclosure of conflicts of interest and abstention from voting because of certain types of conflicts; effect of abstention on quorum and voting requirements; exceptions. 445B.200 Creation and composition; Chairman; quorum; compensation of members and employees; disq uali fication; technical support.

 445B.210 Powers of Commission.

 445B.220 Additional powers of Commission.

 445B. 225 Power of Commission to require testing of sources.

 445B .230 Powers and duties of Department.

 445B.235 Additional powers of Departm ent.

 445B.240 Power of representatives of Department to enter and inspect premises.

 445B.245 Power of Department to perform or require test of emissions from stacks.

 445B.300 Operating permit for source of air contaminant; notice and approval of proposed construction; a dministrative fees; failure of Commission or Department to act

.

 445B.450 Notice and order by Director; hearing; alternative procedures.

 445B.460 Injunctive relief.

 445B.500 Establishment and administration of program; contents of program; designation of air pollution control agency of county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cities and smaller cou nties; regulation of certain electric plants prohibited

.

 445B.510 Commission may requ ire program for designated area.

 445B.520 Commission may establ ish or supersede county program.

 445B.530 Commission may assume jurisdiction over specific classes of air co ntaminants

.

 445B.540 Restoration of superseded local program; continuation of existing local program

.

 445B.560 Plan or procedure for emergency.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 445B.570 Confidentiality and use of information obtained by Department; penalty.

 445B.580 Officer of Department may inspect or search premises; search warrant.

 445B.640 Levy and disposition of administrative fines; additional remedies available; penalty for failure to pay administrative fine.

Further

, Section 12 (“Resources”) of the Nevada applicable SIP , updated effective October 23, 2012 (77 FR 64737 ), provides information concerning funding and personnel supporting the functions of the three air pollution control agencies administeri ng CAA programs in Nevada: the NDEP, Clark County Depart ment of Air Quality, and Washoe County Health District Air Quality Management Division.

The Nevada Legislature approves the NDEP air programs ’ funding and personnel resources requests every two years. The air programs receive funding from fees paid by regulated businesses, motor vehicle registration fees, and federal grants. The N DEP ’s

State Fiscal Year 201 2 budget is in excess of $ 7 million w ith 54 approved full

- time equivalent staff positions in the air programs

.

(F) Stationary source monitoring and reporting :

Each such plan shall [. . .] require, as may be prescribed by the Administrator: (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emiss ions and emissions

- related data from such source , and (iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable times for public in spection.
Nevada’s applicable SIP provides a system for monitoring emissions from stationary sources and the submittal of periodic emission reports in NAC :

 445B.063 “Excess emissions” defined.

 445B.252 Testing and sampling.

 445B.256 Monitoring systems: Calibration, operation, and maintenance of equipmen t.

 445B.257 Monitoring systems: Location

.

 445B.258 Monitoring systems: Verification of operational status

.

 445B.259 Monitoring systems: Performance evaluations

.

 445B.260 Monitoring systems: Components contracted for before September 11, 1974

.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 445B.261 Monitoring systems: Adjustments

.

 445B.262 Monitoring systems: Measurement of opacity

.

 445B.263 Monitoring systems: Frequency of operation

.

 445B.264 Monitoring systems: Recordation of data

.

 445B.265 Monitoring systems: Records; reports

.

 445B.267 Alternative monitoring procedures or requirements

.

 445B.275 Violations: Acts constituting; notice

.

 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan. [See paragraph (a) of subsection (7).]

 445B.315(3) Contents of operating permits: Exception for operating permits to construct; required conditions.

 445B.3368 Additional requirements for application; exception.

 445B.346 Required contents of permit.

NRS 445B.570 is also supportive of the portion of the CAA section 110(a)(2)(F)(iii ) requirement pertaining to the public availability of reports.

Ambient air quality monitoring data and trends are reported annually in the Nevada Air Q uality Trend Report. This report indirectly correlates stationary source emissions with the NAAQS. It is available for public inspection on the NDEP’s web sit e at http://ndep.nv.gov/baqp/mon itoring/docs/trend.pdf . Additionally, the state submits stationary source emissions data to US EPA for publication in the annual National Emission Inventory, which is also available for public inspection.

(G) Emergency episodes :

Each such plan shall provide for authority comparable to that in section 303 of this title and adequate contingency plans to implement such authority. Emergency powers are provided in Nevada’s current SIP in :

 NRS 445B.560 Plan or procedure for emergency

.

 NAC 445B.229 Hazardous emissions: Order for reduction or discontinuance.

 NAC 445B.230 Plan for reduction of emissions

.

T he provisions cited above are adequate to constrain any sources of SO 2 emissions, as nece ssary, in an emergency situation.Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

40 CFR 52.1471 lists the classification of air quality control regions for certain criteria pollutants. T he NDEP has jurisdiction o ver four of the five counties in the “Northwest Nevada Intrastate” region, which is classified as a priority III area for SO 2 . Priority III

areas are not required to prepare emergency episode plans (51.152(c)). The NDEP also has jurisdiction o ver the “Nevada Intrastate” region, which is classified as a priority IA area. Priority IA means an area that has exceeded the ambient air

concentration thresh old for episode plans because of a single point source. In this case, the point source that caused the

exceedance s was the Kennecott copper smelter in McGill, Nevada. Kennecott was located in the Steptoe Valley in White Pine County. The smelter caused viol ations of the NAAQS between 1975 and 1977 ; it ceased operation in 1983 and was completely demolished by 1993. The area was redesignated attainment on April 12, 2002 (67 FR 17939).

Because the SO 2 source responsible for the priority IA classification no longer exists and because the single nonattainment area in the Nevada Intrastate region was redesignated attainment, the NDEP requests that USEPA change the classification of the Nevada

Intrastate a ir quality control region to priority III. Lacking that action by USEPA , the NDEP requests p ursuant to 40 CFR 51.152(d) that the USEPA exempt the Nevada Intrastate region from the requirement to develop an emergency episode plan.

The NDEP further requests that USEPA remove paragraphs (a) and (b) of section 1475 of 40 CFR 52, “Control strategy and regulations: Sulfur oxides.” S ection 1475 was added to the CFR in 1975 “. . . to promulgate substitute regulations for the control of

SO 2 at the Kennecott Copper Corporation Smelter, McGill, Nevada . . .” because Nevada’s SIP to control of emissions of sulfur oxides from the Kennecott smelter was disapproved (40 CFR 5508)

. Section 1475 no longer applies since the Kennecott smelter is

nonexi stent and the area was redesignated attainment.

(H) Future SIP revisions :

Each such plan shall [. . .] provide for revision of such plan

— (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious methods of attaining such standard, and (ii) except as provided i n paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise comply with an y additional requirements established under this chapter (CAA). NRS 445B.205, “Department designated as State Air Pollution Control Agency,” designates the Department of Conservation and Natural Resources as the air pollution control agency for the State of Nevada for the purposes of the CAA insofar as it perta ins to

s tate programs. Within the Department, pursuant to NAC 445B.053 (“Director” defined), the Director has assigned the NDEPNevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

Administrator responsibility to manage air quality planning and air pollution control programs for the State and to act on his behalf f or the purposes of adoption, revision and submittal of state plans (see Appendix D ). The NDEP commits to submit appropriate SIP revisions in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or i n response to a US EPA finding that the SIP is substantially inadequate.

Other NRS that may provide support for this element include:

 445B.135 “Federal Act” defined.

 445B.210 Powers of Commission.

 445B.220 Additional powers of Commission.

 445B.500 Establishment and administration of program; contents of program; designation of air pollution control agency of county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine viola tions and levy administrative penalties; cities and smaller counties; regulation of certain electric plants prohibited.

(I) Nonattainment area plan or plan revision under Part D :

Each such plan shall [. . .] in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D of this subchapter (relating to nonattainment areas). US EPA considers this element of 110(a)( 2) to be outside the scope of infrastructure SIP actions because it pertains to plan requirements for nonattainment areas. Therefore, US EPA does not expect infrastructure SIP submissions to address this element (US EPA, Memorandum to Regional Air Division Directors, 10/14/11 . Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). S. Page ).

(J) Consultation with government officials, public notification, PSD and visibility protection :

Each such plan shall [. . .] meet the applicable requirements of section 121 of this title (relating to consultation), sectio n 127 of this title (relating to public notification), and part C o f this subchapter (relating to prevention of significant deterioration of air quality and visibility protection).

CAA Section 121 Section 11 of the Nevada applicable SIP, “Intergovernmental Relations,” describes the process for consultation among the three air pollution control agencies administering CAA programs in Nevada: NDEP, Clark County Department of Air Quality, and Washoe County Health District’s Air Quality Management Division, as well as for regional planning and transportation agencies that also

have certain air

- quality

-

planning

- related responsibilities. It identifies the applicable state and local provisions governingNevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

consultation; describes provisions relevant to consultation in permitting new or modified stationary sources; a nd, for Clark County, Washoe County and the Lake Tahoe Basin, addresses consultatio n ’s role in transportation planning and conformity to the Nevada applicable SIP.

Together with Section 11, t he following SIP provisions fulfill the requirements of CAA sect ion 121

. NRS:

 445B.22 0 Additional powers of Commission

.

 445B.235 Additional powers of Department

.

 445B.500 Establishment and administration of program; contents of program; designation of air pollution control agency of county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cities and small counties; regulation of certain electric plants provided

.

 445B.503 Local air pollution control board in county whose population is 400,000 or more: Cooperation with regional plan ning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or

program.

 445B.510 Commission may require program for designated areas

.

NAC:

 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

 445B.3364 Operating permit to construct: Action by Director on application; notice; public comment and hearing.

 445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administra tor; expiration of permit.

 445B.3425 Minor revision of permit.

 445B.344 Significant revision of permit.

 445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.

 445B.3447 Class I general permit.

 445B.3457 Actio n by Director on application; notice; public comment and hearing; expiration of permit.

The following provisions have not been submitted as part of Nevada’s SIP, but are in state law or regulation and further supportNevada Division of Environmental Protection June 3 , 2013

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this element requirement (see Appendix A ).

N RS Chapter 445B, Air Pollution:

 445B.100 Declaration of public policy. NRS Chapter 233B, Neva da Administrative Procedure Act

, requires notification and provision of comment opportunities to all parties affected by proposed regulations :

 233B.060 Notice of adoption, amendment or repeal of permanent or temporary regulation; adoption of permanent regulation after adoption of temporary regulation.

 233B.0603 Contents and form of notice of intent to adopt, amend or repeal permanent or temporary regulati on; solicitation of comments from public or affected businesses.

 233B.061 Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law. Additionally, NAC 445B.221

, “ Adoption by reference and applic ability of certain provisions of federal law and regulations

, ” adopts the federal PSD requirements by reference and thereby includes requirements to consult with affected land managers on PSD

- related actions

.

Section 127 The NDEP maintains a web site, http://ndep.nv.gov/ , which describes the state’s air quality planning and air pollution control programs and includes public information pages with pub lic notices and news releases. The Nevada Air Quality Trend Report ( http://ndep.nv.gov/baqp/monitoring/docs/trend.pdf ) is published annually and includes a discussion of air quality trends with respect to the NAAQS. Furthermore, the NDEP continues to be in com pliance with US EP

A monitoring requirements for the SO 2 NAAQS ; no ambient air quality monitoring is required in the NDEP jurisdiction

. The single nonattainment area in the NDEP’s jurisdiction was designated in 1978 in the Steptoe Valley in White Pine Count y. The Steptoe Valley was redesignated attainment in two separate actions: the northern and southern portions on May 14, 1982 (47 FR 20773) and the central valley on April 12, 2002 (67 FR 17939). The copper smelter that caused violations of the NAAQS betwe en 1975 and 1977 ceased operation in 1983 and was completely demolished by 1993.

Part C

T he NDEP does not have a SIP

- based program to prevent significant deterioration of air quality; however, pursuant to 40 CFR 52.21(u), the US EPA has delegated its responsibility for implementation of the federal prevention significant deterioration ( PSD )Nevada Division of Environmental Protection June 3 , 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

program to the NDEP as it existed on July 20, 2011

. With respect to visibility protection, according to the US EPA ’s interpretation of the CAA, this sub

- element of element ( J ) does not need to be addressed (US EPA Memorandum 10/14/11

, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). S. Page ). For informational purposes, the NDEP submitted a regional haze SIP to US EPA on November 18, 2009. US EPA approv ed the entire RH SIP, with the exception of certain requirements for BART for nitrogen oxides at NV Energy’s

Reid Ga rdner Generating Station (7 7 FR 17334)

. O n August 23, 2012, US EPA approved in part and disapproved in part the remaining portion of the regional haze SIP (77 FR 50936) . In the same action, US EPA promulgated a FIP replacing the disapproved provisions of the State plan.

(K) Air quality modeling/data :

Each such plan shall [. . .] provide for

— (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator. Nevada’s applicable SIP provides provisions for the environmental evaluation of stationary sources in :

 NAC 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.

 NAC 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

 NAC 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.

 Article 13 General Provisions for the Review of New Sources.

Addition ally, the NDEP does not have a SIP

- based program to prevent significa nt deterioration of air quality; however, pursuant to 40 CFR 52.21(u), the US EPA has delegated its responsibility for implementation of the federal prevention significant deterioration ( PSD ) program to the NDEP as it existed on July 20, 2011

.

(L) Permitting fees :

Each such plan shall require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this chapter, a fee sufficient to cover

— (i) the reasonable costs of review ing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing theNevada Division of Environmental Protection June 3 , 2013

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terms and conditions of any such permit (not including any court costs or ot her costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee program under subchapter (title) V of this chapter.

US EPA approv ed the NDEP’s permitting fee program under title V of the CAA (66 FR 63188, December 5, 2001 . Thus, a separate program to satisfy element (L) is not required.

(M) Consultation/participation by affected local entities:

Each such plan shall [. . .] provide for consultation and participation by local political subdivisions affected by the plan. The following applicable SIP provisions provide a framework for consultation in the development of SIPs or SIP revisions.

N RS:

 445B.210 Powers of Commission.

 445B.220 Additional power s of Commission.

 445B.235 Additional powers of Department; deposit of money collected from sale of emission credits or allocations; Department to develop regulations concerning public participation in determination of amount of emission credits or

allocati ons available for sale.

Section 11 of the Nevada applicable SIP, “Intergovernmental Relations,” describes the process for consultation among the three air pollution control agencies administering CAA programs in Nevada: NDEP, Clark County Department of A ir Quality, and Washoe County Health District’s Air Quality Management Division, as well as for regional planning and transportation agencies that also

have certain air

- quality

-

planning

- related responsibilities. For each area, SIP Section 11 identifies the applicable state and local provisions governing consultation and notification to affected entities, including for those parts of the SIP related to permitting new

and modified major sources and transportation planning, as appropriate. By th e very nature of delegating air program responsibilities to Clark County and Washoe County

, and cooperating with the Tahoe Regional Planning Agency, while retaining SIP revision authority at the state level, Nevada has instilled a process for developing, i mplementing, and enforcing the SIP that relies upon the involvement of such local political subdivisions.

The Nevada applicable SIP further provides authority and functionality to the primary agencies in Clark and Washoe counties to engage local political subdivisions in air quality planning. It also includes p rovisions to supersede a county program, if such program is found inadequate by the State Environmental Commission

. These authorities are found in NRS:

 445B.500 Establishment and administration of program; contents of program; designation of air pollution control agency ofNevada Division of Environmental Protection June 3 , 2013

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county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cities and smaller counties; regulation of certain electric plants prohibited.

 445B.503 Local air pollution control board in county whose population is 700,000 or more: Cooperation with regional planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or

program.

 445B.510 Commission may require program for designated area.

 445B.520 Commission may establish or supersede county program.