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Petition No. P2004-29

LCB File No. R037-05

Nevada Administrative Code: NAC 445B.221

Description of Petition: Regulation R037-05: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004. Minor technical corrections were made to the temporary regulation and it is now proposed as a permanent regulation.) The Nevada Division of Environmental Protection (NDEP) is delegated implementation and enforcement of those federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) rules requested by Nevada. However, it is necessary to keep the State's "adoption by reference of provisions of federal law and regulations" regulation (NAC 445B.221) up to date so that EPA can continue to delegate new rules to the State.

The temporary amendments adopted last fall updated the State's adoption of federal regulations through November 2004. The technical corrections to the temporary regulation are necessary to avoid confusion regarding NDEP's delegation authority. The corrections remove two rules that are not delegated from the State list of adopted federal rules. The rules that are being removed are Title 40 C.F.R. Part 60 Subpart AAA, New Residential Wood Heaters, and Title 40 C.F.R. Part 61 Subpart M, Asbestos.

This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state or local agencies, however it does adopt federal regulations from Title 40 of the Code of Federal Regulations, Parts 60 and 61 by reference. The amended regulation is no more stringent than what is established by federal law and it will not increase fees.

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