



                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     REGION IX AIR AND RADIATION DIVISION














                          Technical Support Document 
                                      for
                              EPA's Rulemaking
                                    for the
                       Nevada State Implementation Plan
                                       
          Clark County Department of Environment and Sustainability 









                              
                              Christine Vineyard
                                 December 2021
                                       
                                       
                                       
                                       





RULE IDENTIFICATION - 
Agency
Clark County Department of Environment and Sustainability

SIP-Approved Rules:
                                   Rule No.
                                  Rule Title
                               SIP-Approved Date
                                    FR Cite
Section 2
Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the State Implementation Plan
8/27/81
46 FR 43141
Section 33
Chlorine in Chemical Processes
9/7/04
69 FR 54006
Section 41
Fugitive Dust
10/6/14
79 FR 60078
Section 53
Oxygenated Gasoline Program
9/21/04
69 FR 56351
Section 90
Fugitive Dust from Open Areas and Vacant Lots
10/6/14
79 FR 60078
Section 93
Fugitive Dust from Paved Roads and Street Sweeping Equipment
10/6/14
79 FR 60078
Section 94
Permitting and Dust Control for Construction Activities
10/30/06
71 FR 63250


Subject of this TSD:
Rule No.
                                  Rule Title
Amended
Submitted
Section 2
Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the State Implementation Plan
1/21/20
3/13/20
Section 33
Chlorine in Chemical Processes
1/21/20
3/13/20
Section 41
Fugitive Dust
1/21/20
3/13/20
Section 53
Oxygenated Gasoline Program
1/21/20
3/13/20

Section 90
Fugitive Dust from Open Areas and Vacant Lots
1/21/20
3/13/20

Section 93
Fugitive Dust from Paved Roads and Street Sweeping Equipment
1/21/20
3/13/20
Section 94
Permitting and Dust Control for Construction Activities
1/21/20
3/13/20

Completeness - 
Complete by operation of law on 9/13/20

BACKGROUND 
In 2009, the Office of Sustainability was created at the direction of the Clark County Board of County Commissioners (Board) and in 2011, the Office of Sustainability became a division under the Department of Comprehensive Planning. In 2012, the Board amended the Clark County Code to create a new department named the Department of Air Quality (DAQ), assigned to DAQ the functions and duties related to air quality as its sole responsibility, and reassigned the functions and duties of the Desert Conservation Program (DCP) to the Department of Comprehensive Planning. A new department named the Department of Environment and Sustainability (DES) was created in place of DAQ in (date). The functions and duties of DAQ, DCP, and the Office of Sustainability were transferred to the DES. In addition to these changes, the code language related to the reassigned programs and the dissolution of DAQ was updated, corrected, and clarified.

RULE REVISIONS
Clark County amended Title 2, Chapters 2.06 and 2.76; Title 6, Chapter 6.04; Title 8, Chapters 8.60 and 8.65; Title 9, Chapter 9.08; Title 13, Chapter 13.04; and Title 30, Chapters 30.04, 30.16, 30.20, 30.32, and 30.44 of the Clark County Code to create the Department of Environment and Sustainability in place of the Department of Air Quality and reassign the functions and duties of the Department of Air Quality, the Desert Conservation Program, and the Office of Sustainability to the Department of Environment and Sustainability.

The submitted Sections 2 (Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in the State Implementation Plan), 33 (Chlorine in Chemical Processes), 41 (Fugitive Dust), 53 (Oxygenated Gasoline Program), 90 (Fugitive Dust from Open Areas and Vacant Lots), 93 (Fugitive Dust from Paved Roads and Street Sweeping Equipment), 94 (Permitting and Dust Control for Construction Activities) are revised by deleting "the department of air quality" everywhere it appears in the air quality regulations and replacing it with "department." The department took the opportunity to update formatting by looking at all "defined terms" within each of these regulations and changed them from SMALL CAPS to capitalizing the first letter of each term.

EVALUATION CRITERIA 
       Enforceability  -  CAA section 110(a)(2)(A) requires SIPs to "include enforceable emission limitations and other control measures, means, or techniques . . .  as may be necessary or appropriate to meet the applicable requirements of [the CAA]." In addition, CAA section 172(c)(6) requires that nonattainment area SIPs "include enforceable emission limitations, and such other control measures means or techniques . . . as well as schedules and timetables for compliance, as may be necessary or appropriate to provide for attainment of such standard in such area by the applicable attainment date . . ." (emphasis added). 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 to help evaluate compliance with the CAA section 110(a)(2)(A) requirement for enforceability. 

       Stringency  -  SIPs must require RACT for each category of sources covered by a Control Technique Guideline (CTG) document as well as each major source of NOx or VOCs in ozone nonattainment areas classified as moderate or above (see sections 182(b)(2) and 182(f)). 

      3.	SIP Revisions  -  CAA section 110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment or reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA section 193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutant(s).
      
      EPA EVALUATION  - A summary of our evaluation of the three criteria follows:
      1. 	Enforceability  -  There is no change in the requirements of the submitted Sections from the SIP-approved rules. The only changes are deleting "the department of air quality," replacing it with "department," and updating the formatting of "defined terms" by changing them from SMALL CAPS to capitalizing the first letter of each term. These minor changes do not affect the enforceability of these rules.
      
      2. 	Stringency  -  The submitted rules are as stringent as the SIP-approved rule because all applicable requirements are maintained. The changes are administrative and do not change the stringency of the SIP-approved rules. 
      
      3. 	SIP Revisions  -  We propose to determine that our approval of the submittal would comply with CAA sections 110(l) and 193 because (1) the proposed SIP revision would not interfere with any CAA requirements, including requirements for RFP and attainment of the NAAQS, and (2) the emission limits in the existing SIP-approved rules remain the same.

EPA ACTION 
The submitted Sections 2, 33, 41, 53, 90, 93, 94 strengthen the SIP. The sections meet the relevant CAA requirements. Therefore, EPA staff recommends approval of submitted Sections 2, 33, 41, 53, 90, 93, 94 pursuant to CAA sections 110(k)(3) and 301(a). 

REFERENCES  
    "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988.
    "Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001.
    Clark County DES Section 2, Procedures for Adoption and Revision of Regulations and for inclusion of those Regulations in the State Implementation Plan, amended January 21, 2020.
    Clark County DES Section 33, Chlorine in Chemical Processes, amended January 21, 2020.
    Clark County DES Section 41, Fugitive Dust, amended January 21, 2020.
    Clark County DES Section 53, Oxygenated Gasoline Program, amended January 21, 2020.
    Clark County DES Section 90, Fugitive Dust from Open Areas and Vacant Lots, amended January 21, 2020.
    Clark County DES Section 93, Fugitive Dust from Paved Roads and Street Sweeping Equipment, amended January 21, 2020.
    Clark County DES Section 94, Permitting and Dust Control for Construction Activities, amended January 21, 2020.
         
