



                                       
                 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
                                       
                                       
                                  March 2022
                                       
                                       
                                       
                                       
                                       
                                       





RULE IDENTIFICATION - 
Agency
Clark County Department of Environmental and Sustainability (CCDES)

SIP-Approved Rules:
                                    Section
                                  Rule Title
                               SIP-Approved Date
                                   Submitted
Section 4: Subsections 4.1-4.11 (excluding subsection 4.7.3)
Control Officer
8/27/81
46 FR 43141
7/24/79
Section 4 (Control Officer): Subsection 4.7.3
[related to authority of control officer]
6/18/82
47 FR 26386

11/17/81
Section 4 (Control Officer): Subsections 4.12, 4.12.1-4.12.3
[related to public notification]
8/27/81
46 FR 43141
11/5/80

Subject of this TSD:
                                    Section
                                  Rule Title
                                    Amended
                                   Submitted
                                       4
                                Control Officer
                                   12/17/19
                                    3/16/20
Completeness  -  Complete by Operation of Law on 9/16/20  

BACKGROUND
Under the Clean Air Act (CAA or "Act"), EPA is responsible for promulgating primary and secondary national ambient air quality standards (NAAQS), and states must develop implementation plans, referred to as state implementation plans or SIPs, that implement, maintain and enforce the NAAQS within each state. EPA has promulgated regulations specifying SIP contents, and under 40 CFR 51.230, each SIP must show that the State has legal authority to carry out the plan, including, but not limited to the authority to:
 Enforce applicable laws, regulations, and standards, and seek injunctive relief;
 Obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, including authority to require recordkeeping and to make inspections and conduct tests of air pollution sources; and
 Require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such stationary sources; also, authority for the State to make such data available to the public as reported and as correlated with any applicable emission standards or limitations.
In addition, under 40 CFR 51.285, each SIP must contain provisions for: (a) Notifying the public on a regular basis of instances or areas in which any primary NAAQS was exceeded during any portion of the preceding calendar year, (b) Advising the public of the health hazards associated with such an exceedance of a primary NAAQS, and (c) Increasing public awareness of: (1) Measures which can be taken to prevent a primary NAAQS from being exceeded, and (2) Ways in which the public can participate in regulatory and other efforts to improve air quality.

Under Nevada Revised Statutes (NRS) section 445B.500, the Clark County Board of County Commissioners, acting through the CCDES, is responsible for regulation of stationary sources within Clark County, except for certain power plants that are subject to State, not county, jurisdiction notwithstanding their location within Clark County. See NRS 445B.500(5). The Director of CCDES is the Control Officer under Clark County Air Quality Regulations. The purpose of Clark County Air Quality Regulation Section 4 ("Control Officer") is to provide for the authorities described above and to provide the public with the types of information described in 40 CFR 51.285.

RULE REVISIONS
Clark County Department of Environmental and Sustainability's Proposed Revision to Clark County Part of Nevada State Implementation Plan: Revisions to Clark County Air Quality Regulations Sections 0 and 4 (January 21, 2020), page 1-4 describes the changes to existing SIP Section 4 as follows: 

This section has been updated to be consistent with changes made to the Nevada Revised Statutes (NRS) and to Clark County Code. Where NRS language and/or Clark County Code was more specific than the general language in Section 4, the more specific language was added:
 There were many places where this section refers to "the Control Officer, or his designee,
      or representative." Since Section 0 defines the Control Officer as the Director of Air
      Quality, the designee, or individual staff members references to "designee" and
      "representative" were deleted.
 The NRS authorizes the Control Officer to apply to any magistrate for a search warrant if
      entry is refused.
 The use of "shall" and "may" was carefully considered to identify where the Control
      Officer must do something, versus having discretion.
 Some larger subsections were broken down into subsections or bullet points to improve
      readability and clarity without changing the original intent.
 Sections 4.1(h) and (i) were added to specifically identify the Control Officer's authority
      regarding actions involving stationary source, construction and asbestos permits.
 Section 4.7, now 4.3, addresses alleged violations. A major change is how an appeal of the Control Officer's order will be handled. When an order is issued, it is attached to a Notices of Violation (NOV). Now all NOVs, with or without an order, will be heard by the Hearing Officer during the regularly scheduled Hearing Officer meetings. In the past, the order would be heard separately by the Hearing Board.
 Any aggrieved party may appeal the Hearing Officer's decision to the Hearing Board.
 The Control Officer will recommend an action and/or penalty for the Hearing Officer to
      consider when rendering his/her decision. Sections 4.7.5  -  4.10, which identified any
      injunctive relief that may be taken, were moved to Section 7 to become a component of
      what the Hearing Officer must consider in rendering a decision.

EVALUATION CRITERIA  -  The following criteria were used to evaluate the submitted rule:
 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 to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability.
 Stringency - SIPs must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Technique Guideline (CTG) document as well as each major source in ozone nonattainment areas (see sections 182(b)(2) and 182(f)). 
   3.	SIP Relaxation - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.  

EPA EVALUATION  
EPA's criteria for rule approval are satisfied for the following reasons: 
 Enforceability  -  Section 4 is an administrative rule for which enforceability is not relevant.  

 Stringency - The rule does not directly establish emission controls, so it is not relevant to evaluate it regarding CAA §182(b)(2) RACT or other criteria for rule stringency. 

 SIP Relaxation - Section 4 provides the CCDES Control Officer with certain authorities that are required under 40 CFR 51.230 and that provides the basis for the Clark County portion of the Nevada SIP to meet the public notification requirements set forth in 40 CFR 51.285. Because the revisions to Section 4 retain the authorities and duties from the existing SIP rule, conforme Section 4 to changes in state statutes and county code, and clarify intent, they will not have an effect on air quality and will not interfere with any applicable requirement concerning attainment and RFP or any other applicable requirement of the Act (CAA §110(l)) or modify, in a nonattainment area, any SIP-approved control requirement in effect before November 15, 1990 (CAA §193).

EPA ACTION 
EPA staff recommends approval of amended CCDES Section 4 under CAA §110(k) as continuing to meet in part the SIP content requirements with respect to legal authority under 40 CFR 51.230 and as meeting the SIP content requirements with respect to public notification under 40 CFR 51.285.

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.
    CCDES Section 4, Control Officer, amended December 17, 2019.
    Clark County existing SIP Section 4, Control Officer, approved in part at 46 FR 43141 (August 27, 1981) and approved in part at 47 FR 26386 (June 18, 1982).


