ENCLOSURE 1September 15, 2009CAA 110(a)(2)(A)-(M) Requirements in theCurrent Nevada State Implementation Plan (SIP) for PM2.5The federally enforceable applicable state implementation plan (SIP) for Nevada is compiled in 40 CFR Part 52 Subpart DD. Manyof the miscellaneous requirements of section 110(a)(2)(A)-(M) of the Clean Air Act (CAA)relevant to the 2006 fine particulatematter(PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the current SIP1. The following table summarizeswhere those requirements are addressed. Per EPA Region IX direction, lacking new guidance on section 110 (a)(2) SIPs for the 2006PM2.5NAAQS, Nevada has organized the table below according to EPA’s October 2, 2007 guidance for the 1997 PM2.5NAAQS.Provisions of the current SIP referenced below, and where they are codified, may be viewed in the attached copies of the regulatoryand statutory elements of Nevada’sSIP (enclosures 2 and 3, respectively).Section110(a)(2)elementSummary of element from EPA’sOctober 2, 2007 guidanceProvisions in the current Nevada SIP(A)CONTROLS:Section 110(a)(2)(A) requires SIPs to includeenforceable emission limits and other controlmeasures, means or techniques, schedules forcompliance and other related matters.The SIP includes enforceable emission limits and other control measures, means ortechniques, schedules for compliance and otherrelated matters in Nevada AdministrativeCode (NAC) 445B.22017, 445B.2202, 445B.22027, 445.729, 445.730, 445B.2203,445B.22033, 445B.22037, Article 7.2.5.1, 445B.22043, 445B.22047, 445B.2205,445B.22067, 445B.2207, Article 16.3.3.2, Article 16.3.3.3, 445.808, 445.816, 445B.2209,445B.22097, and Article 13 “General Provisions for the Review of New Sources.”Under EPA’s 1997 transition policy, as of this submittal, PM10may properly be used as asurrogate for PM2.5in meeting NSR requirements.(B)AMBIENT MONITORING:Section 110(a)(2)(B) requires SIPs to includeprovisions to provide for establishment andoperation of ambient air quality monitors,collecting and analyzing ambient air quality data,and making these data available to EPA uponrequest.The Nevada Division of Environmental Protection (NDEP) operates an air qualitymonitoring network that collects ambient air quality data that are compiled, analyzed andreported to EPA. The network comprises federally-approved monitors that measure ozone,carbon monoxide, PM10and PM2.5. Under EPA’s 1997 transition policy, as of thissubmittal, PM10may properly be used as a surrogate for PM2.5in meeting new sourcereview (NSR) requirements. Furthermore, NDEP commits to an ambient air qualitymonitoring program in its CAA section 105 grant work plan.(C)ENFORCEMENT:Section 110(a)(2)(C) requires States to include aprogram providing for enforcement of all SIPCompliance and enforcement measuresare contained in NAC 445B.225, 445B.227,445B.229, 445.667, Article 2.5.4, 445B.250, 445B.252, 445.694, 445B.275 and 445B.277.1The Nevada Division of Environmental Protection (NDEP) notes that many of the current SIP regulatory provisions are seriouslyoutdated and do notcorrespond to current State regulations. In February 2005, NDEP submitted a major SIP update with a revision in January 2006 and several supplementalsubmissions thereafter in response to EPA comments. EPA disapproved the majority of Nevada’s permitting program regulations update (73 FR 20536, April17, 2007), and NDEP filed a petition for judicial review. As of the date of this PM2.5SIP submittal, EPA and NDEP are incourt supervised mediation to resolvethe outstanding issues and update the permitting provisions in Nevada’s SIP. NDEP contends that although the current Nevada applicable SIP satisfies all of thebasic/infrastructure requirements of CAA 110(a)(2), Nevada’s PM2.5SIP would better address the CAA requirements if NDEP’s permitting program updatewere approved.Section110(a)(2)elementSummaryof element fromEPA’sOctober 2, 2007 guidanceProvisions in the current Nevada SIPmeasures andthe regulation ofconstruction ofnewor modifiedstationary sources to meetpreventionof significant deterioration(PSD) andnonattainment NSR requirements.NDEPwas given full delegation of the federal PSD program at 40 CFR 52.21 on October19, 2004 (see§ 110(a)(2)(J); PSD/Visibility, below). Nonattainment NSR provisions arefound inArticle13 “GeneralProvisions for the Reviewof NewSources” inthe current SIP.(D)TRANSPORT:Section 110(a)(2)(D) requiresSIPs to includeprovisions prohibiting any source or other typeofemissions activity in one Statefrom contributingsignificantly tononattainment, or interfering withmaintenance, of the NAAQS in another State, orfrom interferingwith measuresrequired toprevent significant deteriorationof air quality orto protect visibility in anotherState.On July31, 2007, EPA’s approval of Nevada’sinterstate transport SIP (CAA 110(a)(2)(D)(i))for the 8-hour ozone and PM2.5NAAQS promulgated inJuly1997was published intheFederalRegister (72 FR41629). Also, Article 13 of Nevada’s SIP, “General Provisions forthe Reviewof NewSources,”requires an environmental evaluationbeforea registrationcertificate maybe issued. Finally, NDEP hasfull delegationof the federalPSD program,including NSRreform provisions (see § 110(a)(2)(J); PSD/Visibility,below).(E)AUTHORITY, RESOURCES:Section 110(a)(2)(E) requiresStates to providefor adequate personnel, funding, and legalauthority underState lawtocarry out its SIP, andrelated issues.The legal authorityfor carryingout the Nevada SIP is contained in the Nevada RevisedStatutes (NRS)that have beenapprovedintothe SIP; the specific statutesthat dealwithfunding to support SIP requirements includeNRS 445B.230, 445B.235 and 445B.300.The Nevada Legislature approves NDEP’s air programs’ funding and personnel resourcesrequest everytwoyears. The air programs receive fundingfrom fees paidbyregulatedbusinesses, motor vehicle registrationfeesand federal grants.The StateFiscal Year 2009budget is about $6.81 millionwith53 approvedfull-timeequivalent staff positions.TheState Fiscal Year 2010 budgetis about $6.98million and $6.84 million foryear 2011.(F)SOURCE MONITORING:Section 110(a)(2)(F) requiresStates to establisha systemtomonitor emissionsfromstationarysources and tosubmit periodic emissionsreports.Nevada’s current SIP providesa system for monitoring emissions from stationary sourcesand the submittal of periodic emission reportsin NAC 445B.256 to 445B.265and445B.267.(G)EMERGENCY PROVISIONS:Section 110(a)(2)(G) requiresStates to providefor authority to address activities causingimminent and substantial endangerment to publichealth, includingcontingency plans to implementthe emergencyepisode provisions intheir SIPs.Emergencypowers are provided inNevada’scurrent SIP in NRS 445B.560 and NAC445B.230. Nevada also has a SIP approvedEmergencyEpisode Plan, despite beingcategorizedas a priorityIII region (exemptfrom developing episodeplans; 40CFR51 §152)for purposes ofemergencyepisode planning.(H)SIP REVISIONS:Section 110(a)(2)(H) requiresStates to havetheauthority to revise theirSIPs in response tochanges inthe NAAQS,availability of improvedmethods for attaining theNAAQS, or in responseto an EPA finding that theSIP is substantiallyinadequate.NRS 445B.205designates theDepartment of Conservationand Natural Resources(Department) asthe air pollution control agencyfor the State of Nevadafor the purposesofthe Clean Air Act insofar as it pertains to state programs. Within the Department, NDEPhas responsibilityto manage the air qualityplanningand air pollutioncontrol programs forthe state. NDEP commits to submit appropriate SIP revisions in response to changes in theNAAQS, availability of improved methods forattaining the NAAQS, or in response to anEPA finding that the SIP issubstantiallyinadequate.(I)PART D:Section 110(a)(2)(I) requires,in the caseof a SIPNDEP commits to submit timelySIP revisionswhenever areas ofthe state are newlydesignated nonattainment foranyfederalambient air qualitystandard.23Section110(a)(2)elementSummary of element from EPA’sOctober 2, 2007 guidanceProvisions in the current Nevada SIPor SIP revision for a nonattainment area, the SIPmust meet applicable requirements of part Drelating to nonattainment areas.(J)CAA § 121CONSULTATION RE IMPLEMENTATION:Section 110(a)(2)(J) requires States to provide aprocess for consultation with local governmentsand Federal Land Managers carrying outNAAQS implementation requirements pursuantto section 121 relating to consultation.The Nevada Administrative Procedure Act, NRS Chapter 233B, requires notification andprovision of comment opportunities to allparties affected by proposed regulations.Additionally, NAC 445.707 requires public participation in the state program before aregistration certificate may be issued. NDEP commits to maintaining a process ofconsultation with parties designated under section 121 (i.e., general purpose localgovernments, designated organizations of elected officials of local governments andaffected Federal land managers).(J)CAA § 127PUBLIC NOTICE OF EXCEEDANCES:Section 110(a)(2)(J) further requires States tonotify the public if NAAQS are exceeded in anarea and to enhance public awareness ofmeasures that can be taken to preventexceedances.The only nonattainment areas in the state liewithin Washoe and Clark Counties; the rest ofthe state (NDEP’s jurisdiction) is attainment or unclassifiable for the NAAQS. NDEPmaintains a web site,http://ndep.nv.gov/, which describes the state’s air quality planningand air pollution control programs and includes public information pages with public noticesand news releases. Air quality monitoring data and trends are reported on the web site,including real-time monitoring for particulate matter (PM10) in Pahrump, Nevada.(J)PSD/VISIBILITYPSD/VISIBILITY:Section 110(a)(2)(J) also requires States to meetapplicable requirements of part C related toprevention of significant deterioration andvisibility protection.NDEP was given partial delegation of the federal PSD program (40 CFR 52.21) on May 20,1983; full delegation effective October 10, 1988;revoked for a 3 month period from March 3to June 3, 2003; partial delegation June 3, 2003. NDEP was again given full delegation ofthe federal PSD program on October 19,2004, including NSR reform provisions.Additionally, with respect to visibility protection, NDEP is preparing a regional haze SIP, withsubmission planned for September 2009.(K)AIR QUALITY MODELING:Section 110(a)(2)(K) requires that SIPs providefor performing air quality modeling for predictingeffects on air quality of emissions from anyNAAQS pollutant and submission of such data toEPA upon request.This requirement is addressed by the environmental evaluation provisions in the “GeneralProvisions for the Review of New Sources” in Article 13 of the SIP.(L)FEES:Section 110(a)(2)(L) requires SIPs to requireeach major stationary source to pay permittingfees to cover the cost of reviewing, approving,implementing and enforcing a permit.The NRS that deal with funding to support SIP requirements include NRS 445B.230,445B.235 and 445B.300. Permitting fees are required by NAC 445.704, 445.706, 445.707and 445.712 to 445.716.(M)LOCAL POLITICAL SUBDIVISIONPARTICIPATION:Section 110(a)(2)(M) requires States to providefor consultation and participation in SIPdevelopment by local political subdivisionsaffected by the SIP.The Nevada Administrative Procedure Act, NRS Chapter 233B, requires notification andprovision of comment opportunities to all parties affected by proposed regulations. NAC445.707 requires public participation in the state program before a registration certificatemay be issued.