UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
REGION
IX
AIR
DIVISION
Technical
Support
Document
for
EPA's
Proposed
Rulemaking
for
the
Nevada
State
Implementation
Plan
Prepared
by:
Julie
Rose
August
26,
2005
­
2­
BACKGROUND
­
Outside
of
Clark
and
Washoe
counties,
the
Nevada
Division
of
Environmental
Protection
(
NDEP)
has
primary
responsibility
to
regulate
air
pollution
from
stationary
and
area
sources
in
the
State
of
Nevada.
Areas
within
NDEP's
jurisdiction
generally
attain
the
national
ambient
air
quality
standards
(
NAAQS)
promulgated
under
section
109
of
the
Clean
Air
Act
(
CAA).
As
a
result,
NDEP
is
generally
required
to
submit
to
EPA
an
applicable
State
Implementation
Plan
(
SIP)
pursuant
to
CAA
§
110.

NDEP's
predecessor
agency
first
submitted
an
applicable
SIP
in
January
1972,
portions
of
which
EPA
approved
pursuant
to
CAA
§
110(
c)
on
May
31,
1972
at
37
FR
10842.
This
SIP
included
various
sections
of
the
Nevada
Administrative
Code
(
NAC)
and
the
Nevada
Revised
Statutes
(
NRS).
Nevada
subsequently
adopted
and
submitted
many
revisions
to
these
requirements,
some
of
which
EPA
approved
on
January
9,
1978
at
43
FR
1342,
July
10,
1980
at
45
FR
46284,
August
27,
1981
at
46
FR
43142,
and
June
18,
1982
at
47
FR
26387.
Since
1982,
EPA
has
approved
very
few
revisions
to
Nevada's
applicable
SIP
despite
numerous
changes
that
have
been
adopted
locally.
As
a
result,
the
version
of
the
rules
enforceable
by
NDEP
are
often
quite
different
from
the
SIP
version
enforceable
by
EPA.

NDEP
submitted
a
large
revision
to
the
applicable
SIP
on
February
16,
2005.
The
primary
purpose
of
this
revision
is
to
clarify
and
harmonize
State
and
federally
enforceable
requirements.
Because
this
incorporates
so
many
changes
from
the
1970s
and
1980s
vintage
SIP
rules,
EPA
has
decided
to
review
and
act
on
it
in
a
series
of
separate
actions.
This
document
provides
support
for
proposing
approval
of
a
few
of
the
provisions
contained
in
Nevada's
February
2005
submittal.
We
believe
these
provisions
are
not
controversial
and
are
appropriate
to
include
in
EPA's
first
action
on
this
submittal.
Failure
to
include
specific
portions
of
Nevada's
February
2005
submittal
in
this
action
does
not
mean
we
intend
to
disapprove
them.

EPA
EVALUATION
CRITERIA
­
The
following
criteria
were
used
to
evaluate
the
NAC
provisions
submitted
in
February
2005
that
we
are
proposing
to
approve
into
the
SIP:

1.
Enforceability
­
The
Bluebook
(
Issues
Relating
to
VOC
Regulation
Cutpoints,
Deficiencies,
and
Deviations,
EPA,
May
25,
1988)
and
the
Little
Bluebook
(
Guidance
Document
for
Correcting
Common
VOC
&
Other
Rule
Deficiencies,
EPA
Region
9,
August
21,
2001)
were
used
as
reference
documents
to
determine
compliance
with
the
CAA
§
110(
a)(
2)(
A)
requirement
for
enforceability.

2.
SIP
Relaxation
­
The
revised
rules
and
statutes
were
reviewed
against
the
current
applicable
SIP
to
determine
compliance
with
CAA
§
110(
l)
and
§
193.

EPA
EVALUATION
­
Our
evaluation
of
portions
of
the
SIP
submittal
is
summarized
below.
Numbers
starting
each
paragraph
reference
the
NAC
sections
submitted
for
inclusion
in
the
SIP.
Numbers
in
parentheses
reference
the
sections
in
the
previously
approved
applicable
SIP
that
are
being
proposed
for
replacement.
In
addition
to
changes
discussed
below,
the
submitted
rules
­
3­
update
the
NAC
references
to
Nevada's
new
numbering
systems
and
incorporate
other
editorial
revisions.
In
some
cases,
we
are
not
approving
new
definitions
of
terms
used
in
these
rules
(
e.
g.,
Roaster,
used
in
NAC
445B.
22043),
but
a
definition
in
the
existing
applicable
SIP
still
applies.
Unless
otherwise
indicated,
we
believe
the
following
revisions
clarify
and
improve
the
applicable
SIP
and
should
be
federally
approved.

NAC
Provisions
NAC
445B.
001
Definitions
(
formerly
NAC
445.430)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
002
Act
(
formerly
NAC
445.432)
­
No
significant
change
to
this
definition.

NAC
445B.
004
Administrator
(
formerly
NAC
445.433)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
005
Affected
Facility
(
formerly
NAC
445.434)
­
No
significant
change
to
this
definition.

NAC
445B.
006
Affected
Source
­
This
new
definition
refers
to
the
acid
rain
requirements
in
the
federal
regulations.

NAC
445B.
009
Air­
conditioning
equipment
(
formerly
NAC
445.435)
­
No
significant
change
to
this
definition.

NAC
445B.
011
Air
pollution
(
formerly
NAC
445.437)
­
This
simply
references
the
NRS
definition,
NRS
445B.
115.

NAC
445B.
018
Ambient
air
(
formerly
NAC
445.441)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
022
Atmosphere
(
formerly
NAC
445.444)
­
No
significant
change
to
this
definition.

NAC
445B.
030
British
thermal
units
(
formerly
NAC
445.457)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
042
Combustible
refuse
(
formerly
NAC
445.472)
­
No
significant
change
to
this
definition.

NAC
445B.
0425
Commission
­
This
new
definition
simply
references
an
NRS
definition,
NRS
445B.
120.

NAC
445B.
047
Continuous
monitoring
system
(
formerly
NAC
445.480)
­
No
significant
change
to
this
definition.
­
4­
NAC
445B.
051
Day
(
formerly
NAC
445.486)
­
No
significant
change
to
this
definition.

NAC
445B.
053
Director
(
formerly
NAC
445.488)
­
No
significant
change
to
this
definition.

NAC
445B.
055
Effective
date
of
the
program
­
This
new
definition
clarifies
the
intent
of
the
rules.

NAC
445B.
056
Emergency
­
This
new
definition
clarifies
the
intent
of
the
rules
concerning
a
situation
arising
from
a
sudden
and
reasonably
unforseeable
event.

NAC
445B.
058
Emission
(
formerly
NAC
445.499)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
059
Emission
unit
(
formerly
NAC
445.500)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
060
Enforceable
­
This
new
definition
clarifies
the
intent
of
the
rules.

NAC
445B.
061
EPA
­
This
new
definition
clarifies
the
intent
of
the
rules.

NAC
445B.
063
Excess
emissions
(
formerly
445.504)
­
The
term
"
air
pollutant"
has
been
replaced
by
the
term
"
regulated
air
pollutant"
which
clarifies
the
intent
of
the
rules.

NAC
445B.
072
Fuel
(
formerly
NAC
445.516)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
073
Fuel­
burning
equipment
(
formerly
NAC
445.517)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
075
Fugitive
dust
(
formerly
Article
1.86)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
077
Fugitive
emissions
(
previously
not
approved
by
EPA)
­
This
new
definition
clarifies
the
intent
of
the
rules.
It
refers
to
emissions
that
do
not
pass
through
any
opening.

NAC
445B.
080
Garbage
(
formerly
NAC
445.525)
­
No
significant
change
to
this
definition.

NAC
445B.
084
Hazardous
air
pollutant
­
This
new
definition
simply
references
the
NRS
definition,
NRS
445B.
140.

NAC
445B.
086
Incinerator
(
formerly
NAC
445.533)
­
No
significant
change
to
this
definition.

NAC
445B.
091
Local
air
pollution
control
agency
(
formerly
NAC
445.537)
­
No
significant
change
to
this
definition.
­
5­
NAC
445B.
095
Malfunction
(
formerly
NAC
445.542)
­
No
significant
change
to
this
definition.

NAC
445B.
097
Maximum
allowable
throughput
­
This
new
definition
clarifies
the
intent
of
the
rules.
In
addition
to
defining
the
term,
it
includes
a
statement
that
if
more
than
one
interpretation
of
the
term
applies,
the
interpretation
which
results
in
the
lesser
value
of
allowable
emissions
applies.

NAC
445B.
103
Monitoring
device
(
formerly
NAC
445.548)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
106
Multiple
chamber
incinerator
(
formerly
NAC
445.549)
­
No
significant
change
to
this
definition.

NAC
445B.
109
Nitrogen
oxides
(
formerly
NAC
445.552)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
112
Nonattainment
area
(
previously
not
approved
by
EPA)
­
This
new
definition
clarifies
the
intent
of
the
rules.
It
refers
to
an
area
which
is
shown
to
exceed
any
NAAQS.

NAC
445B.
113
Nonroad
engine
­
This
new
definition
clarifies
the
intent
of
the
rules
and
incorporates
the
definition
found
in
40
CFR
§
89.2
by
reference.

NAC
445B.
1135
Nonroad
vehicle
­
Similar
discussion
as
nonroad
engine.

NAC
445B.
116
Odor
(
formerly
NAC
445.555)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
119
One­
hour
period
(
formerly
NAC
445.556)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
121
Opacity
(
formerly
NAC
445.557)
­
No
significant
change
to
this
definition.

NAC
445B.
122
Open
burning
(
formerly
NAC
445.558)
­
No
significant
change
to
this
definition.

NAC
445B.
125
Ore
(
formerly
NAC
445.560)
­
No
significant
change
to
this
definition.

NAC
445B.
127
Owner
or
operator
(
formerly
NAC
445.561)
­
No
significant
change
to
this
definition.

NAC
445B.
129
Particulate
matter
(
formerly
NAC
445.562)
­
No
significant
change
to
this
definition.

NAC
445B.
130
Pathological
wastes
(
formerly
NAC
445.563)
­
No
significant
change
to
this
definition.
­
6­
NAC
445B.
134
Person
(
formerly
NAC
445.564)
­
No
significant
change
to
this
definition.

NAC
445B.
135
PM10
­
This
is
new
definition
clarifies
the
intent
of
the
rules
by
referencing
40
CFR
Part
50,
Appendix
J
and
40
CFR
Part
53.

NAC
445B.
144
Process
equipment
(
formerly
NAC
445.581)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
145
Process
weight
(
formerly
NAC
445.584)
­
Added
clarifying
language.

NAC
445B.
151
Reference
conditions
(
formerly
NAC
445.589)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
152
Reference
method
(
formerly
NAC
445.590)
­
No
significant
change
to
this
definition.

NAC
445B.
153
Regulated
air
pollutant
­
This
new
definition
clarifies
the
intent
of
the
rules
and
references
federal
regulations.

NAC
445B.
161
Run
(
formerly
NAC
445.599)
­
No
significant
change
to
this
definition.

NAC
445B.
163
Salvage
operation
(
formerly
NAC
445.601)
­
No
significant
change
to
this
definition.

NAC
445B.
167
Shutdown
(
formerly
NAC
445.606)
­
No
significant
change
to
this
definition.

NAC
445B.
168
Single
chamber
incinerator
(
formerly
NAC
445.612)
­
No
significant
change
to
this
definition.

NAC
445B.
174
Smoke
(
formerly
NAC
445.621)
­
No
significant
change
to
this
definition.

NAC
445B.
176
Solid
waste
(
formerly
NAC
445.622)
­
No
significant
change
to
this
definition.

NAC
445B.
177
Source
(
formerly
Article
1.181)
­
This
simply
references
an
NRS
definition,
NRS
445B.
155.

NAC
445B.
180
Stack
and
chimney
(
formerly
NAC
445.624)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
182
Standard
(
formerly
Article
1.185)
­
Added
clarifying
language
to
this
definition.

NAC
445B.
185
Start­
up
(
formerly
NAC
445.627)
­
No
significant
change
to
this
definition.

NAC
445B.
196
Toxic
regulated
air
pollutant
­
This
new
definition
clarifies
the
intent
of
the
rules.
It
refers
to
substances
designated
by
the
"
Commission"
and
does
not
include
EPA.
­
7­
NAC
445B.
198
Uncombined
water
(
formerly
NAC
445.627)
­
No
significant
change
to
this
definition.

NAC
445B.
205
Waste
(
formerly
NAC
445.651)
­
No
significant
change
to
this
definition.

NAC
445B.
207
Wet
garbage
(
formerly
NAC
445.653)
­
No
significant
change
to
this
definition.

NAC
445B.
209
Year
­
This
new
definition
clarifies
the
intent
of
the
rules.

NAC
445B.
211
Abbreviations
(
formerly
NAC
445.655)
­
The
definition
simply
lists
several
commonly
used
abbreviations,
such
as
BACT,
Btu,
and
C.
F.
R.

NAC
445B.
2204
Sulfur
emission
(
formerly
NAC
445.742)
­
This
rule
simply
defines
a
term
and
does
not
change
the
applicable
SIP.

NAC
445B.
22043
Sulfur
emissions:
Calculation
of
total
feed
sulfur
(
formerly
NAC
445.743)
­
This
rule
describes
how
total
feed
sulfur
must
be
calculated
and
does
not
change
the
applicable
SIP.

NAC
445B.
22047
Sulfur
emissions:
Fuel­
burning
equipment
(
formerly
Article
8.2)
­
This
rule
provides
equations
that
establish
sulfur
compound
emission
limits
from
fuel­
burning
equipment.
The
previously
approved
rule
contained
both
equations
and
tables
of
emission
limits.
Changes
include
now
referring
to
"
emission
unit"
rather
than
"
source."

NAC
445B.
2205
Sulfur
emissions:
Other
processes
which
emit
sulfur
(
formerly
NAC
445.746)
­
This
rule
controls
sulfur
emissions
from
sources
where
the
sulfur
originates
in
the
material
being
processed.
The
rule
has
been
revised
to
exclude
hydrogen
sulfide
from
the
definition
of
sulfur
compound
emissions.
Since
hydrogen
sulfide
does
not
contribute
to
pollution
covered
by
a
NAAQS,
hydrogen
sulfide
controls
are
not
needed
in
the
SIP.

NAC
445B.
22067
Open
Burning
(
formerly
NAC
445.753)
­
This
rule
allows
open
burning
in
certain
situations
if
approved
in
advance
by
the
Director
of
the
Nevada
State
Department
of
Conservation
and
Natural
Resources
Editorial
changes
have
been
made
to
avoid
duplication
in
listing
areas
where
burning
is
prohibited.
Paragraph
2(
b)
is
a
new
provision
and
references
NAC
444.640,
which
is
not
in
the
SIP.
This
revision
seems
to
strengthen
the
previously
broad
exemption
in
the
SIP
for
any
burning
approved
by
the
Director.

NAC
445B.
2207
Incinerator
burning
(
formerly
NAC
445.754)
­
This
rule
establishes
design
requirements
and
emission
limits
for
incinerators.
Revisions
include
reference
to
PM
10
rather
than
PM.
The
citations
referenced
in
paragraph
4,
(
NAC
445B.
22027
to
445B.
22037)
are
not
being
approved
into
the
SIP
at
this
time.
The
citations
are
not
necessary
for
the
rule
to
be
enforceable
as
it
is
still
generally
clear
which
incinerator
units
are
exempt
from
the
requirements.
The
rule
has
been
strengthened
by
revising
the
PM
10
emission
limit
for
incinerators
of
less
than
2,000
pounds
per
hour
rated
burning
capacity
from
3
pounds/
ton
to
1.8
pounds/
ton.
­
8­
NAC
445B.
2209
Reduction
of
animal
matter
(
formerly
NAC
445.845)
­
This
rule
limits
the
reduction
of
animal
matter
by
incineration
under
certain
conditions.
Revisions
include
removal
of
director
discretion.
The
submitted
rule
is
an
improvement
over
the
existing
SIP
rule.

NAC
445B.
22097
Standards
of
quality
for
ambient
air
(
formerly
NAC
445.843)
­
This
section
lists
the
State
and
Federal
ambient
air
quality
standards.
Revisions
include
replacing
the
particulate
matter
standard
with
PM­
10,
removing
the
Nevada
standard
for
visibility
and
adding
the
State
standard
for
hydrogen
sulfide.
Note
D
allows
substitution
of
certain
test
methods
in
determining
compliance
with
the
standards.
The
table
is
appropriate
for
inclusion
in
the
SIP.

NAC
445B.
230
Plan
for
reduction
of
emissions
(
formerly
NAC
445.666)
­
This
rule
is
intended
to
comply
with
air
pollution
emergency
episode
plan
requirements
described
in
CAA
§
110(
a)(
2)(
G),
§
303
and
40
CFR
Part
51
Subpart
H
and
Appendix
L.
The
rule
has
been
revised
to
clarify
the
delivery
requirements
of
the
written
notice.
