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Petition No. P2011-01

LCB File No. T009-11

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

Description of Petition: The Nevada Division of Environmental Protection (NDEP) is proposing to update the agency's adoption of the federal "prevention of significant deterioration of air quality" (PSD) rule to include US EPA's greenhouse gas (GHG) permitting requirements. Without this adoption, US EPA would be the primary PSD permitting authority for sources in Nevada.

Additionally, this temporary regulation would revise the definitions of "regulated air pollutant" and "major source" to ensure that the higher GHG applicability thresholds in the federal rule apply in Nevada's Title V permitting program. If the State were to implement the federal GHG permitting requirements without revising these definitions, the NDEP would be required to issue GHG permits to sources that emit more than 100 or 250 tons per year of GHGs, depending on source type, potentially affecting thousands of small businesses statewide.

The NDEP is also proposing to update NAC 445B.221, "Adoption by reference and applicability of certain provisions of federal law and regulations," in this regulation. With the exception of National Emission Standards for Hazardous Air Pollutants (NESHAP) for area sources, which are being proposed for adoption in P2011-02, this regulation proposes to adopt applicable sections of the federal New Source Performance Standards (NSPS) and NESHAP rules that have been issued by the US EPA since July 1, 2009. Adoption of this temporary regulation would allow the regulated industry to continue to work with the State rather than US EPA to comply with the new rules.

See all information about this regulation [June 2011 SEC Hearing - Agenda 4]

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