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Petition No. 2004-29

LCB File No. Temporary Petition

Date Received by Commission: October 12, 2004

Summary: Adoption By Reference of Federal Regulations

Current Status: Filed temporary w/Sec of State 01/05/05

Nevada Administrative Code: NAC 445B.221

Temporary Adoption: November 30, 2004

Effective/Filed: Temporary 01/05/2005

Description of Petition: Adoption By Reference of Federal Regulations: The Nevada Division of Environmental Protection (NDEP) is proposing to update Nevada Administrative Code (NAC) 445B.221, "Adoption by reference of provisions of federal law and regulations." NDEP is proposing to adopt into State regulation sections of Title 40 of the Code of Federal Regulations (CFR) Part 60, New Source Performance Standards (NSPS), and Part 63, National Emission Standards for Hazardous Air Pollutants (NESHAPs), that have been adopted by the U.S. Environmental Protection Agency (EPA) and published in the Federal Register since July 1, 2003. The NDEP is delegated the implementation of the federal NSPS and NESHAPs programs relevant in Nevada, however, it is necessary to keep the State's "adoption by reference" regulation up to date so that EPA can continue to delegate the implementation of new rules to the State. NAC 445B.221 currently adopts the appropriate sections of 40 CFR Parts 60 and 63, as they existed on July 1, 2003. These proposed amendments are necessary so that Nevada can request delegation for the implementation of federal NSPS and NESHAPs rules promulgated after July 1, 2003.

Annotated History of the Petition: Petition 2004-29 received as a temporary petition from the Executive Secretary of SEC on 10/12/2004 for adoption 11/30/2004 hearing of the SEC; the petitione expires by limitation on November 1, 2005.

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