NEVADA STATE ENVIRONMENTAL COMMISSION
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Petition No. P2011-02

LCB File No. T008-11

Nevada Administrative Code: NRS 445B.210 and 445B.300

Description of Petition: The Nevada Division of Environmental Protection (NDEP) proposed to adopt the federal National Emission Standards for Hazardous Air Pollutants rules for area sources that have recently been issued by the US EPA. The emission standards will be implemented through a new, streamlined Class IV Operating Permit program. The agency's intent is to keep the program as simple as possible and require no more than what is federally mandated at minimal cost to industry.

By way of background, US EPA has identified 33 toxic air pollutants that pose the greatest threat to public health in urban areas pursuant to Clean Air Act requirements. Thirty of these are identified as being emitted from smaller industrial sources known as "area" sources. "Area" sources are those sources that emit less than 10 tons annually of a single hazardous air pollutant (HAP) or less than 25 tons annually of a combination of HAPs. US EPA has identified 70 source categories that emit 90 percent of the HAP emissions from area sources. Between December 2007 and August 2010, US EPA issued 16 new or revised NESHAP that may impact area sources in Nevada. The Class IV Operating Permit program will assist Nevada businesses in understanding and complying with the recent series of area source rules issued by US EPA.

In addition, and in accordance with Executive Order 2011-01, this temporary regulation would remove the requirement for Class II permits to contain a compliance certification. Federal air quality regulations require only Title V permits to contain compliance certifications. The NDEP's Class II permits contain other mechanisms such as routine facility inspections and requirements to keep process records to demonstrate compliance.

See all information about this regulation [June 2011 SEC Hearing - Agenda 3]




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