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Petition No. 95010

LCB File No. R032-95

Date Received by Commission: 02/22/1995

Summary: Air Quality Title V Permitting Program Technical Cleanup

Current Status: Codification completed 3/13/96 by LCB

Nevada Administrative Code: 445B.001 to 445B.395

Permanent Adoption/Hearing: 10/03/1995

Temporary Adoption: 04/04/1995

Effective/Filed: 10/30/1995

Codified by LCB: 03/13/1996

Petitioner: NDEP / Bureau of Air Quality

Description of Petition:

Petition 95010 (LCB R032-95) permanently amends NAC 445B.001 to 445B.395, the state air pollution regulations. This petition consolidates temporary petitions 95001, 95002, 95004, 95005, and 95010. The petition modifies the effective dates of Nevada's Air Quality Operating Permit Program by extending the date of implementation from November 14, 1994 to a date in the future based on the U.S. EPA Administrator's approval of program. In addition, references to Permits to Construct are being deleted and supplanted with references to Operating Permits. The petition amends NAC 445B.221 by the adoption by reference of the provisions of 40 C.F.R Part 72, the acid rain provisions of the Clean Air Act. Also amended is NAC 445B.362 and 445B.363 by changing the formula for calculating emissions of particulate matter (PM10). The proposed amendments modify and clarify references to "air contaminant" or "air pollutant" to address "regulated air pollutant". In addition, references to "source" are proposed to be changed to "stationary source" or "major source". The term portable source in NAC 445B.137 is proposed to be deleted and substituted with "temporary source". The reporting of excess emissions in NAC 445B.232 is clarified and various provisions in the regulations are extended beyond current sunset dates. NAC 445B.327 is proposed to be clarified such that service and maintenance fees are charged by emission units and not by permitted sources. NAC 445B.295 is proposed to be amended to provide authority to the Director to establish a list of insignificant activities based upon "de minimis" emissions.

Annotated History of the Petition:

Petition 95010 was received by the SEC from BAQ on 2/22/95 as a temporary regulation. Placed on 4/4/95 SEC hearing notice. Adopted as amended by SEC on 4/4/95. Filed with Sec State 4/6/95. Merged w/ 95001, 95002, 95004, 95005 by LCB, to SEC for permanent adoption on 10/3/95. Adopted by SEC 10/3/95, to LCB 10/5/95, filed w/Sec State on 10/30/95. Codification completed 3/13/96.

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