	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

	REGION IX AIR DIVISION

Technical Support Document 

for

EPA(s Direct Final Rulemaking

for the

Nevada State Implementation Plan

Prepared by:  Julie Rose

	

March 5, 2007



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 submitted a large revision to the applicable SIP on February 16,
2005, and re-submitted an amended version on January 12, 2006.  NDEP
submitted the latest amendments to their SIP on December 8, 2006, which
is a supplement to the January 12, 2006 submittal.  Most of the
provisions submitted on December 8, 2006 concern permitting rules which
are the subject of a separate Federal Register proposed rule.  The
remaining provisions are the subject of this Technical Support Document
and concern clarifications made to harmonize State and
federally-enforceable requirements.  These revisions respond to comments
EPA provided in the Technical Support Document dated August 16, 2006.

 

EPA EVALUATION CRITERIA – EPA has reviewed the rules submitted by NDEP
on December 8, 2006 for compliance with the CAA requirements for SIPs
set forth in CAA §110(a)(2) and  for compliance with CAA requirements
for SIP revisions in CAA §110(l) and §193. Relevant EPA guidance
documents include “Review of State Implementation Plans and Revisions
for Enforceability and Legal Sufficiency,” memorandum dated September
23, 1987, from J. Craig Potter, Assistant Administrator for Air and
Radiation, et al.

EPA EVALUATION - Our evaluation of the submitted Nevada Administrative
Code provisions concerning definitions, emergency episodes, and
monitoring is provided below.  Numbers starting each paragraph reference
the NAC section submitted for inclusion in the SIP.  Numbers in
parenthesis reference the sections in the previously approved applicable
SIP that are being proposed for replacement. 

We believe these revisions clarify and improve the applicable SIP and
should be fully approved.

NAC Provisions

Definitions

NAC 445B.134 Person (formerly NAC 445B.134) – This definition now
refers to the Nevada Revised Statute (NRS) definition of person, NRS
0.039.  It has also been revised to include certain terms:  “State of
Nevada, political subdivision, administrative agencies, and public or
quasi-public corporations” which help to clarify the intent of the
definition. 

General Provisions Related to Emission Reductions

NAC 445B.230 Plan for reduction of emissions (formerly NAC 445B.230) -
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.  It has been revised by replacing the term
“air quality plan for the State of  Nevada” with “applicable state
implementation plan.”  The change in terms clarifies the intent of the
rule.  The reference to the “Standard Industrial Classification
Manual” has been changed by eliminating the year of publication and
replacing it with the phrase “adoption by reference in NAC 445B.221. 
The NAC 445B.221 rule contains all of the federal laws and regulations
that are adopted by reference in the NAC.  Paragraph 8 of  NAC 445B.221
adopts the entire manual by reference.  

General Provisions Related to Monitoring

NAC 445B.258 Monitoring systems: Verification of operational status
(formerly NAC 445B.258) - This rule requires that all continuous
monitoring systems and monitoring devices be installed and operational
prior to conducting performance tests and specifies the methods of
verification. The rule has been revised by replacing the term “prior
to” with “before” and by removing the section symbol and replacing
it with “Part” when referencing Part 60.  These administrative
changes clarify the intent of the rule and correctly reference federal
regulations.  

NAC 445B.259 Monitoring systems: Performance evaluations (formerly NAC
445B.259) - This rule requires facilities to conduct continuous
evaluations of the performance of their monitoring systems in accordance
with the requirements in Appendix B of 40 CFR Part 60.  The
typographical errors that were previously noted have been corrected.  In
paragraph (b) of subsection (2), the term “nitrogen oxide” has been
changed to “nitrogen oxides,” and in paragraph (d) of subsection
(2), the words “content of” have been changed to “and.” 
Paragraph (d) of subsection (2) now reads:    “The oxygen and carbon
dioxide content ….”   This change clarifies the intent of the rule.

NAC 445B.260 Monitoring systems: Components contracted for before
September 11, 1974 (formerly NAC 445B.260) - This rule lists the
requirements for sources that entered into contracts for continuous
monitoring systems prior to September 11, 1974.  The revisions include
clarifications that were recommended by EPA in the Technical Support
Document dated July 17, 2006 and consist of adding the phrase “of the
emission standard” in paragraphs (a) and (b) after the phrase “20
percent.”  This phrase adds a reference point for the 20 percent.  In
addition, the symbol sign has been removed and replaced with the term
“Part” when referencing Part 60.

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