ENCLOSURE 1 

September 15, 2009 

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

Current Nevada State Implementation Plan (SIP) for PM2.5

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 2006 

(PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the current SIP1. The follow

where those requirements are addressed. Per EPA Region IX direction, lacking new guidance on section 110 (a)

PM2.5 NAAQS, Nevada has organized the table below according to EPA’s October 2, 2007 guidance for the 1997 

Provisions of the current SIP referenced below, and where they are codified, may be viewed in the attached copieand statutory elements of Nevada’s SIP (enclosures 2 and 3, respectively). 

Section 

110(a)(2) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current Nevad

(A) 

CONTROLS: 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. 

The SIP includes enforceable emission limits and other controtechniques, schedules for compliance and other related matte

Code (NAC) 445B.22017, 445B.2202, 445B.22027, 445.729, 445B.22033, 445B.22037, Article 7.2.5.1, 445B.22043, 445B.445B.22067, 445B.2207, Article 16.3.3.2, Article 16.3.3.3, 445

445B.22097, and Article 13 “General Provisions for the Revie

Under EPA’s 1997 transition policy, as of this submittal, PM10 

surrogate for PM2.5 in meeting NSR requirements. 

(B)

AMBIENT MONITORING: Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. 

The Nevada Division of Environmental Protection (NDEP) opemonitoring network that collects ambient air quality data that areported to EPA. The network comprises federally-approved carbon monoxide, PM10 and PM2.5. Under EPA’s 1997 transit

submittal, PM10 may properly be used as a surrogate for PM2.

review (NSR) requirements. Furthermore, NDEP commits to monitoring program in its CAA section 105 grant work plan. 

(C) 

ENFORCEMENT: Section 110(a)(2)(C) requires States to include a program providing for enforcement of all SIP 

Compliance and enforcement measures are contained in NAC 445B.229, 445.667, Article 2.5.4, 445B.250, 445B.252, 445.69

1 The Nevada Division of Environmental Protection (NDEP) notes that many of the current SIP regulatory provisions are seriously outd

correspond to current State regulations. In February 2005, NDEP submitted a major SIP update with a revision in January 2006 and sevsubmissions thereafter in response to EPA comments. EPA disapproved the majority of Nevada’s permitting program regulations upda17, 2007), and NDEP filed a petition for judicial review. As of the date of this PM2.5 SIP submittal, EPA and NDEP are in court superv

the outstanding issues and update the permitting provisions in Nevada’s SIP. NDEP contends that although the current Nevada applicabasic/infrastructure requirements of CAA 110(a)(2), Nevada’s PM2.5 SIP would better address the CAA requirements if NDEP’s permi

were approved. 
Section 

110(a)(2) 

element 

Summar

y of element fr

o

m EPA’s 

October 2, 2007 guidan

ce 

Pro

visions in the current Nev

ad

measures and the regulation of construction of new or modifie

d stationary sources to meet 

preve

ntion of significant deterioratio

n (PSD) and 

nonattainment NSR req

uire

ments. 

NDEP 

was given full delegation of the federal PSD program at 

19, 2004 (see § 110(a)(2)(J); PSD/Visibility, below). Nonattainfound in Article 13 “General Provisions for the Review of Ne

w 

(D)

TRANSPORT: Section 110(a)(2)(D) requires SIPs to includeprovisions prohibiting any source or other type of emissio

ns activity in one State from contributing 

significantly to nonattainment, or interfering with maintenance, of the NAAQS in another State, or from interferin

g with measures required to 

preve

nt significant deteri

orati

o

n of air quality or 

to protect visibility in another State. 

On July 31, 2007, EPA’s approval of Nevada’s interstate transfor the 8-hour ozone and PM2.5 NAAQS promulgated in July 19

Federal Register (72 F

R 41629). Also, Article 13 of Nevada’s 

the Review of Ne

w Sources,” requires an environmental evalu

certificate may be issued. Finally, NDEP has full delegation of including NSR reform provisions (see § 110(a)(2)(J); PSD/Visi

(E)

AUTHORITY, RESOURCES:Section 110(a)(2)(E) requires States to provide for adequate personnel, fun

ding, and legal 

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

The legal authority for carrying out the Nevada SIP is containeStatutes (NRS) that have been approved into the SIP; the spefunding to support SIP requirements include NRS 445B.230, 4The Nevada Legislature approves NDEP’s air programs’ fundirequest every t

wo years. The air programs receive funding fro

businesses, motor vehicle registration fees and federal grants. budget is about $6.81 million 

with 53 approved full-time equiva

State Fiscal Year 2010 budget is about $6.98 million and $6.84 

(F)

SOURCE MONITORING: Section 110(a)(2)(F) requires States to establish a system to 

m

onitor emissions from stationary

sources and to submit periodic emissio

ns 

reports. 

Nevada’s current SIP provides a system for monitoring emissand the submittal of periodic e

mission reports in NAC 445B.2

445B.267. 

(G)

EMERGENCY PROVISIONS:Section 110(a)(2)(G) requires States to provide for authority to address activities causing imminent and substantial endangerment to public health, includin

g contingency pla

ns to imple

ment 

the e

mergency episode provisions in their SIPs. 

Emergency po

wers are provided in Nevada’s current SIP in NR

445B.230. Nevada also has a SIP approved Emergency Episocategorized as a priority III region (exempt from developing ep

for purposes of emergency episode planning.

(H) 

SIP REVISIONS: 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 NAA

QS, or in response 

to an EPA finding that the SIP is substantiallyinadequate. 

NRS 445B.205 designates the Department of Conservation an(Department) as the air pollution control agency for the State othe Clean Air Act insofar as it pertains to state programs. Withhas responsibility to manage the air quality planning and air pothe state. NDEP commits to submit appropriate SIP revisions NAAQS, availability of improved methods for attaining the NAAEPA finding that the SIP is substantially inadequate. 

(I) PART D: Section 110(a)(2)(I) requires, in the case of a SIP NDEP commits to submit timely SIP revisions

whenever areas 

designated nonattainment for any federal a

mbient air quality st

2
3

Section 

110(a)(2) 

element 

Summary of element from EPA’s 

October 2, 2007 guidance Provisions in the current Nevad

or SIP revision for a nonattainment area, the SIP must meet applicable requirements of part D relating to nonattainment areas. 

(J) 

CAA § 121 

CONSULTATION RE IMPLEMENTATION: 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 relating to consultation. 

The Nevada Administrative Procedure Act, NRS Chapter 233Bprovision of comment opportunities to all parties affected by prAdditionally, NAC 445.707 requires public participation in the sregistration certificate may be issued. NDEP commits to mainconsultation with parties designated under section 121 (i.e., gegovernments, designated organizations of elected officials of loaffected Federal land managers). 

(J) 

CAA § 127 

PUBLIC NOTICE OF EXCEEDANCES: Section 110(a)(2)(J) further requires States to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. 

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

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

(J) 

PSD/VISIBILITY

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 to June 3, 2003; partial delegation June 3, 2003. NDEP was athe federal PSD program on October 19, 2004, including NSR Additionally, with respect to visibility protection, NDEP is prepasubmission planned for September 2009. 

(K) 

AIR QUALITY MODELING: 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 Provisions for the Review of New Sources” in Article 13 of the 

(L) 

FEES: 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 NRS that deal with funding to support SIP requirements in445B.235 and 445B.300. Permitting fees are required by NAC 

and 445.712 to 445.716. 

(M) 

LOCAL POLITICAL SUBDIVISION PARTICIPATION: Section 110(a)(2)(M) requires States to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP. 

The Nevada Administrative Procedure Act, NRS Chapter 233Bprovision of comment opportunities to all parties affected by pr445.707 requires public participation in the state program befomay be issued.