[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14862-14912]
[FR Doc No: 2012-5554]

Vol. 77

Tuesday,

No. 49

March 13, 2012

Part II

Environmental Protection Agency

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40 CFR 52

Approval and Promulgation of Implementation Plans; State of Nevada;
Revised Format for Materials Incorporated by Reference; Final Rule

Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NV 126-NBK; FRL-9634-9]

Approval and Promulgation of Implementation Plans; State of
Nevada; Revised Format for Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: EPA is revising the format for materials submitted by the
State of Nevada that are incorporated by reference (IBR) into the
Nevada State Implementation Plan (SIP). The regulations affected by
this format change have all been previously submitted by the State of
Nevada and approved by EPA. This format revision will primarily affect
the ``Identification of plan'' section, as well as the format of the
SIP materials that will be available for public inspection at the
National Archives and Records Administration (NARA), the Air and
Radiation Docket and Information Center located at EPA Headquarters in
Washington, DC, and the EPA Regional Office. EPA is also adding a table
in the ``Identification of plan'' section which summarizes the approval
actions that EPA has taken on the non-regulatory and quasi-regulatory
portions of the Nevada SIP.

DATES: Effective Date: This rule is effective on March 13, 2012.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:

Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901;
Air and Radiation Docket and Information Center, EPA Headquarters
Library, Infoterra Room (Room Number 3334), EPA West Building, 1301
Constitution Ave. NW., Washington, DC 20460; and
National Archives and Records Administration.

If you wish to obtain materials from a docket in the EPA Headquarters
Library, please call the Office of Air and Radiation (OAR) Docket/
Telephone number:<PHONE_NUMBER>. For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA. Information is organized as
follows:

Table of Contents

I. Background
    A. What a SIP Is
    B. How EPA Enforces SIPs
    C. How the State and EPA Update the SIP
    D. How EPA Compiles the SIPs
    E. How EPA Organizes the SIP Compilation
    F. Where You Can Find a Copy of the SIP Compilation
    G. The Format of the New Identification of Plan Section
    H. When a SIP Revision Becomes Federally Enforceable
    I. The Historical Record of SIP Revision Approvals
II. What EPA Is Doing in This Action
III. Statutory and Executive Order Reviews

I. Background

A. What a SIP Is

    Each State has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
network, attainment demonstrations, and enforcement mechanisms.

B. How EPA Enforces SIPs

    Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them.
They are then submitted to EPA as SIP revisions upon which EPA must
formally act. Once these control measures and strategies are approved
by EPA, after notice and comment, they are incorporated into the
Federally approved SIP and are identified in part 52 (Approval and
Promulgation of Implementation Plans), title 40 of the Code of Federal
Regulations (40 CFR part 52). The actual state regulations approved by
EPA are not reproduced in their entirety in 40 CFR part 52, but are
``incorporated by reference'' (IBR'd) which means that EPA has approved
a given state regulation with a specific effective date. This format
allows both EPA and the public to know which measures are contained in
a given SIP and ensures that the state is enforcing the regulations. It
also allows EPA and the public to take enforcement action, should a
state not enforce its SIP-approved regulations.

C. How the State and EPA Updates the SIP

    The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA must, from time to time, take action on SIP revisions
containing new and/or revised regulations in order to make them part of
the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for
IBR'ing Federally-approved SIPs, as a result of consultations between
EPA and the Office of the Federal Register (OFR).
    EPA began the process of developing: (1) A revised SIP document for
each state that would be IBR'd under the provisions of title 1 CFR part
51; (2) a revised mechanism for announcing EPA approval of revisions to
an applicable SIP and updating both the IBR document and the CFR; and
(3) a revised format of the ``Identification of Plan'' sections for
each applicable subpart to reflect these revised IBR procedures. The
description of the revised SIP document, IBR procedures, and
``Identification of Plan'' format are discussed in further detail in
the May 22, 1997, Federal Register document.

D. How EPA Compiles the SIPs

    The Federally-approved regulations, source-specific permits, and
nonregulatory provisions (entirely or portions of) submitted by each
state agency have been compiled by EPA into a ``SIP compilation.'' The
SIP compilation contains the updated regulations, source-specific
permits, and nonregulatory provisions approved by EPA through previous
rulemaking actions in the Federal Register.

E. How EPA Organizes the SIP Compilation

    Each compilation contains three parts. Part one contains the
regulations, part two contains the source-specific requirements that
have been approved as part of the SIP, and part three contains
nonregulatory provisions that have been EPA approved. Each part
consists of a table of identifying information for each SIP-approved
regulation, each SIP-approved source-specific permit, and each
nonregulatory SIP provision. In this action, EPA is publishing the
tables summarizing the applicable SIP requirements for Nevada. The EPA
Regional Offices have the primary responsibility for updating the
compilations and ensuring their accuracy.

F. Where You Can Find a Copy of the SIP Compilation

    EPA Region IX developed and will maintain the compilation for
Nevada. A copy of the full text of Nevada's regulatory and source-
specific SIP compilation will also be maintained at NARA and EPA's Air
Docket and Information Center.

G. The Format of the New Identification of Plan Section

    In order to better serve the public, EPA revised the organization
of the ``Identification of Plan'' section and included additional
information to clarify the enforceable elements of the SIP. The revised
Identification of Plan section contains five subsections:
    1. Purpose and scope.
    2. Incorporation by reference.
    3. EPA-approved regulations.
    4. EPA-approved source-specific permits.
    5. EPA-approved nonregulatory and quasi-regulatory provisions such
as air quality attainment plans, rate of progress plans, maintenance
plans, monitoring networks, and small business assistance programs.

H. When a SIP Revision Becomes Federally Enforceable

    All revisions to the applicable SIP become Federally enforceable as
of the effective date of the revisions to paragraphs (c), (d), or (e)
of the applicable Identification of Plan section found in each subpart
of 40 CFR part 52.

I. The Historical Record of SIP Revision Approvals

    To facilitate enforcement of previously approved SIP provisions and
provide a smooth transition to the new SIP processing system, EPA
retains the original Identification of Plan section, previously
appearing in the CFR as the first or second section of part 52 for each
state subpart. After an initial two-year period, EPA will review its
experience with the new system and enforceability of previously
approved SIP measures and will decide whether or not to retain the
Identification of Plan appendices for some further period.

II. What EPA Is Doing in This Action

    Today's rule constitutes a ``housekeeping'' exercise to ensure that
all revisions to the state programs that have occurred are accurately
reflected in 40 CFR part 52. State SIP revisions are controlled by EPA
regulations at 40 CFR part 51. When EPA receives a formal SIP revision
request, the Agency must publish the proposed revision in the Federal
Register and provide for public comment before approval.
    EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions which are already in effect as
a matter of law in Federal and approved state programs. Under section
553 of the APA, an agency may find good cause where procedures are
``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary'' and ``contrary to the public
interest'' since the codification only reflects existing law. Immediate
notice in the CFR benefits the public by removing outdated citations.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. This rule is
not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866. Because the agency has made a ``good
cause'' finding that this action is not subject to notice-and-comment
requirements under the Administrative Procedure Act or any other
statute as indicated in the SUPPLEMENTARY INFORMATION section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This rule also
does not have a substantial direct effect on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it is not economically significant. This rule does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The rule also does not involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this
rule, EPA has taken the necessary steps to eliminate drafting errors
and ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with
Executive Order 12630 (63 FR 8859, March 15, 1998) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's
compliance with these statutes and Executive Orders for the underlying
rules are discussed in previous actions taken on the State's rules.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
action simply codifies provisions which are already in effect as a
matter of law in Federal and approved State programs. 5 U.S.C. 802(2).
As stated previously, EPA has made such a good cause finding, including
the reasons therefore, and established an effective of March 13, 2012.
EPA will submit a report containing this rule and other required
information to the U.S.

Senate, the U.S. House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. The change in format to the ``Identification of plan''
section for the State of Arizona are not a `major rule' as defined by 5
U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Nevada SIP compilations had previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need in this action to reopen the 60-day period for filing such
petitions for judicial review for these ``Identification of plan''
reorganization actions for Nevada.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile organic compounds.

    Dated: September 28, 2011.
Keith Takata,
Acting Regional Administrator Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--State of Nevada

Sec.  52.1470  [Redesignated as Sec.  52.1490]

0
2. Section 52.1470 is redesignated as Sec.  52.1490.
0
3. New Sec.  52.1470 is added to read as follows:

Sec.  52.1470  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Nevada under section 110 of the
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national
ambient air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph
(c) and (d) of this section with an EPA approval date prior to
September 28, 2010, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after September 28, 2010, will be incorporated
by reference in the next update to the SIP compilation.
    (2) EPA Region IX certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of September 28, 2010.
    (3) Copies of the materials incorporated by reference may be
inspected at the Region IX EPA Office at 75 Hawthorne Street, San
Francisco, CA 94105; Air and Radiation Docket and Information Center,
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Washington, DC; or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA approved regulations.

                              Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                    Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
445B.001.........................  Definitions........         9/24/04  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(ii).
445.431..........................  ``Acid mist''               8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.002.........................  ``Act'' defined....         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.004.........................  ``Administrator''          10/14/82  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(i).
445B.005.........................  ``Affected                 10/30/95  71 FR 15040 (3/27/   Most recently
                                    facility'' defined.                  06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.006.........................  ``Affected source''        10/25/01  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(v).
445B.009.........................  ``Air-conditioning          12/4/76  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.436..........................  ``Air contaminant''         8/28/79  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.011.........................  ``Air pollution''            3/5/98  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(ii).

445B.015.........................  ``Alternative              10/30/95  71 FR 71486 (12/11/  Most recently
                                    method'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(7)(i).
445B.018.........................  ``Ambient air''            10/22/87  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.022.........................  ``Atmosphere''              12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.445..........................  ``Barite'' defined.         1/25/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                                                         84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.447..........................  ``Barite grinding           1/25/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    mill'' defined.                      84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.030.........................  ``British thermal          10/22/87  71 FR 15040 (3/27/   Most recently
                                    units'' defined.                     06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445.458..........................  ``Calcine'' defined         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.464..........................  ``Coal'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.470..........................  ``Colemanite''             11/17/78  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.471..........................  ``Colemanite               11/17/78  49 FR 11626 (3/27/   Submitted on 10/26/
                                    processing plant''                   84).                 82. See 40 CFR
                                    defined.                                                  52.1490(c)(25)(i)(
                                                                                A).
445B.042.........................  ``Combustible               12/4/76  71 FR 15040 (3/27/   Most recently
                                    refuse'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
Article 1.36.....................  Commenced..........         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.0425........................  ``Commission''               3/5/98  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(ii).
Article 1.42.....................  Construction.......         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
Article 1.43.....................  Contiguous property         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.047.........................  ``Continuous                12/4/76  71 FR 15040 (3/27/   Most recently
                                    monitoring                           06).                 approved version
                                    system'' defined.                                         was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.482..........................  ``Converter''               12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.051.........................  ``Day'' defined....        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.053.........................  ``Director''                12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.492..........................  ``Dryer'' defined..         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
Article 1.60.....................  Effective date.....        12/27/77  46 FR 43141 (8/27/   Submitted on 12/29/
                                                                         81).                 78. See 40 CFR
                                                                                52.1490(c)(14)(vii
                                                                                ).
445B.055.........................  ``Effective date of        12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                    the program''                        06).                 06. See 40 CFR
                                    defined.                                                  52.1490(c)(56)(i)(
                                                                                A)(2)(v).
445B.056.........................  ``Emergency''              12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(v).
445B.058.........................  ``Emission''                 3/5/98  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(ii).
445B.059.........................  ``Emission unit''          10/30/95  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.060.........................  ``Enforceable''            10/14/82  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(i).
445B.061.........................  ``EPA'' defined....        12/13/93  71 FR 15040 (3/27/   Submitted on 1/12/
                                                                         06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(v).

445B.062.........................  ``Equivalent               10/30/95  71 FR 71486 (12/11/  Most recently
                                    method'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(7)(i).
445B.063.........................  ``Excess                   10/31/05  73 FR 19144 (4/9/    Most recently
                                    emissions''                          08).                 approved version
                                    defined.                                                  was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(iii).
Article 1.72.....................  Existing facility..         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
Article 1.73.....................  Existing source....         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445.512..........................  ``Floating roof''           12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.513..........................  ``Fossil fuel''             12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.072.........................  ``Fuel'' defined...        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.073.........................  ``Fuel-burning              9/19/90  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(iii).
445B.075.........................  ``Fugitive dust''          11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(vi).
445B.077.........................  ``Fugitive                 10/30/95  71 FR 15040 (3/27/   Most recently
                                    emissions''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.080.........................  ``Garbage'' defined         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.084.........................  ``Hazardous air            12/13/93  71 FR 71486 (12/11/  Submitted on 1/12/
                                    pollutant''                          06).                 06. See 40 CFR
                                    defined.                                                  52.1490(c)(56)(i)(
                                                                                A)(6)(ii).
445B.086.........................  ``Incinerator''             12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.536..........................  ``Lead'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.091.........................  ``Local air                 12/4/76  71 FR 15040 (3/27/   Most recently
                                    pollution control                    06).                 approved version
                                    agency'' defined.                                         was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
``Article 1- Definitions: No. 2-   Lowest achievable           8/28/79  46 FR 21758 (4/14/   Submitted on 7/24/
 LAER''.                            emission rate.                       81).                 79. See 40 CFR
                                                                                52.1490(c)(16)(i).
Article 1.104....................  Major stationary            12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                    source.                              78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.095.........................  ``Malfunction''             12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.097.........................  ``Maximum allowable        10/22/87  71 FR 15040 (3/27/   Most recently
                                    throughput''                         06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
Article 1.109....................  Modification.......         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.103.........................  ``Monitoring                1/11/96  71 FR 15040 (3/27/   Most recently
                                    device'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(vi).
Article 1.111....................  Motor vehicle......         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.106.........................  ``Multiple chamber          12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    incinerator''                        06).                 on 9/16/76. Most
                                    defined.                                                  recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
Article 1.114....................  New source.........         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.109.........................  ``Nitrogen oxides''        11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(vi).

445B.112.........................  ``Nonattainment            10/30/95  71 FR 15040 (3/27/   Most recently
                                    area'' defined.                      06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.113.........................  ``Nonroad engine''           6/1/01  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(iv).
445B.1135........................  ``Nonroad vehicle''          6/1/01  71 FR 15040 (3/27/   Submitted on 1/12/
                                    defined.                             06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(iv).
445B.116.........................  ``Odor'' defined...        10/30/95  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.119.........................  ``One-hour period''        10/22/87  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.121.........................  ``Opacity'' defined         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.122.........................  ``Open burning''            12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.559..........................  ``Operating                 12/4/76  49 FR 11626 (3/27/   Most recently
                                    permit'' defined.                    84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.125.........................  ``Ore'' defined....        11/17/78  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/12/78. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(iii).
445B.127.........................  ``Owner or                  12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    operator'' defined.                  06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.129.........................  ``Particulate               12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    matter'' defined.                    06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.130.........................  ``Pathological             10/30/95  71 FR 15040 (3/27/   Most recently
                                    wastes'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.134.........................  Person.............         9/18/06  72 FR 19801 (4/20/   Most recently
                                                                         07).                 approved version
                                                                                was submitted on
                                                                                12/8/06. See 40
                                                                                CFR
                                                                                52.1490(c)(62)(i)(
                                                                                A)(1).
445.565..........................  ``Petroleum''               12/4/76  49 FR 11626 (3/27/   Most recently
                                    defined.                             84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.135.........................  ``PM10'' defined...        12/26/91  71 FR 15040 (3/27/   Submitted on 1/12/
                                                                         06).                 06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(iv).
Article 1.131....................  Point source.......         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445.570..........................  ``Portland cement           12/4/76  49 FR 11626 (3/27/   Most recently
                                    plant'' defined.                     84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.574..........................  ``Precious metal''          8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.575..........................  ``Precious metal            8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    processing plant''                   84).                 82. See 40 CFR
                                    defined.                                                  52.1490(c)(25)(i)(
                                                                                A).
445B.144.........................  ``Process                   12/4/76  71 FR 15040 (3/27/   Most recently
                                    equipment''                          06).                 version was
                                    defined.                                                  submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.145.........................  ``Process weight''         10/30/95  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445.585..........................  ``Process weight            8/28/79  49 FR 11626 (3/27/   Most recently
                                    rate'' defined.                      84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.151.........................  ``Reference                10/22/87  71 FR 15040 (3/27/   Most recently
                                    conditions''                         06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.152.........................  ``Reference                10/30/95  71 FR 15040 (3/27/   Most recently
                                    method'' defined.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).

445.592..........................  ``Registration              8/28/79  49 FR 11626 (3/27/   Most recently
                                    certificate''                        84).                 approved version
                                    defined.                                                  was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.153.........................  ``Regulated air            10/31/05  73 FR 19144 (4/9/    Submitted on 6/26/
                                    pollutant''                          08).                 07. See 40 CFR
                                    defined.                                                  52.1490(c)(66)(i)(
                                                                                A)(3)(iii).
445.597..........................  ``Roaster'' defined         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.161.........................  ``Run'' defined....         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.163.........................  ``Salvage                   12/4/76  71 FR 15040 (3/27/   Most recently
                                    operation''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.167.........................  ``Shutdown''                12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.168.........................  ``Single chamber           12/27/77  71 FR 15040 (3/27/   Most recently
                                    incinerator''                        06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(ii).
Article 1.171....................  Single source......         11/7/75  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.172.........................  ``Six-minute                12/4/76  73 FR 19144 (4/9/    Most recently
                                    period'' defined.                    08).                 approved version
                                                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(1)(i).
445.618..........................  ``Slag'' defined...         12/4/76  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.174.........................  ``Smoke'' defined..         12/4/76  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.176.........................  ``Solid waste''             12/4/76  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.177.........................  ``Source'' defined.        10/30/95  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
Article 1.182....................  Special mobile              12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                    equipment.                           78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.180.........................  ``Stack and                10/30/95  71 FR 15040 (3/27/   Most recently
                                    chimney'' defined.                   06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.182.........................  ``Standard''               11/15/94  71 FR 15040 (3/27/   Most recently
                                    defined.                             06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(vi).
445B.185.........................  ``Start-up''                12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
Article 1.187....................  Stationary source..         12/4/76  43 FR 36932 (8/21/   Submitted on 12/10/
                                                                         78).                 76. See 40 CFR
                                                                                52.1490(c)(12).
445B.190.........................  ``Stop order''             12/13/93  73 FR 19144 (4/9/    Most recently
                                    defined.                             08).                 approved version
                                                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(2)(i).
445.633..........................  ``Submerged fill            12/4/76  49 FR 11626 (3/27/   Most recently
                                    pipe'' defined.                      84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.198.........................  ``Uncombined                12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    water'' defined.                     06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445.649..........................  ``Violation''               8/28/79  49 FR 11626 (3/27/   Submitted on 10/26/
                                    defined.                             84).                 82. See 40 CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.202.........................  ``Volatile organic         11/15/94  71 FR 71486 (12/11/  Most recently
                                    compounds''                          06).                 approved version
                                    defined.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(6)(iii).
445B.205.........................  ``Waste'' defined..         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                                                         06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).

445B.207.........................  ``Wet garbage''             12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.209.........................  ``Year'' defined...        10/22/87  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(2)(ii).
445B.211.........................  Abbreviations......         9/24/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(vii).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                 Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.220.........................  Severability.......          1/1/07  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(v).
445B.22017.......................  Visible emissions:           4/1/06  73 FR 19144 (4/9/    Most recently
                                    Maximum opacity;                     08).                 approved version
                                    determination and                                         submitted on 6/26/
                                    monitoring of                                             07. See 40 CFR
                                    opacity.                                                  52.1490(c)(66)(A)(
                                                                                3)(iii).
445B.2202........................  Visible emissions:           4/1/06  73 FR 19144 (4/9/    Most recently
                                    Exceptions for                       08).                 approved version
                                    stationary sources.                                       submitted on 6/26/
                                                                                07. See 40 CFR
                                                                                52.1490(c)(66)(A)(
                                                                                3)(iii).
Article 16.3.3, subsections        Standard for                3/31/77  47 FR 26386 (6/18/   Submitted on 12/29/
 <IP_ADDRESS> and <IP_ADDRESS>.             Opacity [Portland                    82).                 78. See 40 CFR
                                    cement plants].                                           52.1490(c)(14)(vii
                                                                                i). Subsection
                                                                                <IP_ADDRESS> was
                                                                                deleted without
                                                                                replacement at 72
                                                                                FR 25971 (5/8/07).
445.729..........................  Process weight rate         12/4/76  49 FR 11626 (3/27/   Most recently
                                    for calculating                      84).                 approved version
                                    emission rates.                                           was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
Article <IP_ADDRESS>..................  [Establishes                12/3/80  47 FR 26386 (6/18/   Submitted on 11/5/
                                    maximum allowable                    82).                 80. See 40 CFR
                                    particulate                                               52.1490(c)(22)(ii)
                                    emissions rate for                                        .
                                    the first barite
                                    grinding mill at
                                    Milchem Inc. near
                                    Battle Mountain ].
445.808(1), (2)(a-c), (3), (4),    [Establishes                8/24/83  49 FR 11626 (3/27/   Submitted on 9/14/
 and (5).                           standards for            (adopted)   84).                 83. See 40 CFR
                                    maximum allowable                                         52.1490(c)(26)(i)(
                                    particulate                                               A).
                                    emissions rate and
                                    discharge opacity
                                    for certain barite
                                    grinding mills at
                                    IMCO Services and
                                    at Dresser
                                    Industries, in or
                                    near Battle
                                    Mountain].
445.816(1), (2)(d), (3), (4), and  [Establishes                8/24/83  49 FR 11626 (3/27/   Submitted on 9/14/
 (5).                               standards for            (adopted)   84).                 83. See 40 CFR
                                    maximum allowable                                         52.1490(c)(26)(i)(
                                    particulate                                               A).
                                    emissions rate and
                                    discharge opacity
                                    for certain
                                    processing plants
                                    for precious
                                    metals at the
                                    Freeport Gold
                                    Company in the
                                    North Fork area].
445.730..........................  Colemanite                 11/17/78  49 FR 11626 (3/27/   Most recently
                                    flotation                            84).                 approved version
                                    processing plants.                                        was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445B.22027.......................  Emissions of                 3/5/98  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Maximum                                           was submitted on 1/
                                    allowable                                                 12/06. See 40 CFR
                                    throughput for                                            52.1490(c)(56)(i)(
                                    calculating                                               A)(3)(ii).
                                    emissions rates.
445B.2203........................  Emissions of                9/27/99  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Fuel-                                             was submitted on 1/
                                    burning equipment.                                        12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(iii).
445B.22033.......................  Emissions of                 3/5/98  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Sources                                           was submitted on 1/
                                    not otherwise                                             12/06. See 40 CFR
                                    limited.                                                  52.1490(c)(56)(i)(
                                                                                A)(3)(ii).
445B.22037.......................  Emissions of               10/30/95  72 FR 25971 (5/8/    Most recently
                                    particulate                          07).                 approved version
                                    matter: Fugitive                                          was submitted on 1/
                                    dust.                                                     12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).

Article 8, subsection 8.2.1......  [Indirect Heat              1/28/72  37 FR 10842 (5/31/   Submitted on 1/28/
                                    Transfer Fuel                        72).                 72. See 40 CFR
                                    Burning Equipment--                                       52.1490(b).
                                    Sulfur emission
                                    limits].
Article 8.2.2....................  [``Sulfur                   12/4/76  46 FR 43141 (8/27/   Submitted on 12/29/
                                    emission'' defined                   81).                 78. See 40 CFR
                                    for purposes of                                           52.1490(c)(14)(vii
                                    Article 8.].                                              ).
445B.2204........................  ``Sulfur emission''         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    defined.                             06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.22043.......................  Sulfur emissions:           9/24/04  73 FR 19144 (4/9/    Most recently
                                    Calculation of                       08).                 approved version
                                    total feed sulfur.                                        submitted on 6/26/
                                                                                07. See 40 CFR
                                                                                52.1490(c)(66)(A)(
                                                                                3)(ii).
445B.22047.......................  Sulfur emissions:           9/27/99  71 FR 15040 (3/27/   Most recently
                                    Fuel-burning                         06).                 approved version
                                    equipment.                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(iii).
445B.2205........................  Sulfur emissions:           9/24/04  73 FR 19144 (4/9/    Most recently
                                    Other processes                      08).                 approved version
                                    which emit sulfur.                                        was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(A)(
                                                                                3)(ii).
445B.22067.......................  Open burning.......         4/15/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(vi).
445B.2207........................  Incinerator burning         4/15/04  71 FR 15040 (3/27/   Most recently
                                                                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(vi).
445B.22083.......................  Construction, major        10/31/05  73 FR 20536 (4/16/   Most recently
                                    modification or                      08).                 approved version
                                    relocation of                                             was submitted on 8/
                                    plants to generate                                        20/07. See 40 CFR
                                    electricity using                                         52.1490(c)(67)(i)(
                                    steam produced by                                         A)(1).
                                    burning of fossil
                                    fuels.
445B.2209........................  Reduction of animal         12/4/76  71 FR 15040 (3/27/   Originally adopted
                                    matter.                              06).                 on 9/16/76. Most
                                                                                recently approved
                                                                                version was
                                                                                submitted on 1/12/
                                                                                06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(1)(i).
445B.22093.......................  Organic solvents           10/31/05  73 FR 19144 (4/9/    Most recently
                                    and other volatile                   08).                 approved version
                                    compounds.                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(iii).
445B.22097.......................  Standards of                4/26/04  71 FR 15040 (3/27/   Most recently
                                    quality for                          06).                 approved version
                                    ambient air.                                              was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(vi).
445B.225.........................  Prohibited conduct:        10/30/95  73 FR 19144 (4/9/    Most recently
                                    Concealment of                       08).                 approved version
                                    emissions.                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(i).
445B.227.........................  Prohibited conduct:         1/11/96  73 FR 19144 (4/9/    Most recently
                                    Operation of                         08).                 approved version
                                    source without                                            was submitted on 1/
                                    required                                                  12/06. See 40 CFR
                                    equipment; removal                                        52.1490(c)(56)(i)(
                                    or modification of                                        A)(3)(i).
                                    required
                                    equipment;
                                    modification of
                                    required procedure.
445B.229.........................  Hazardous                  10/30/95  73 FR 19144 (4/9/    Most recently
                                    emissions: Order                     08).                 approved version
                                    for reduction or                                          was submitted on 6/
                                    discontinuance.                                           26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(i).
445B.230.........................  Plan for reduction          9/18/06  72 FR 19801 (4/20/   Most recently
                                    in emissions.                        07).                 approved version
                                                                                was submitted on
                                                                                12/8/06. See 40
                                                                                CFR
                                                                                52.1490(c)(62)(i)(
                                                                                A)(1).
445.667..........................  Excess emissions:           8/28/79  49 FR 11626 (3/27/   Most recently
                                    Scheduled                            84).                 approved version
                                    maintenance;                                              was submitted on
                                    testing;                                                  10/26/82. See 40
                                    malfunction.                                              CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
Article 2.5 (``Scheduled           [related to                 11/7/75  43 FR 1341 (1/9/78)  Submitted on 10/31/
 Maintenance, Testing, and          breakdown or                                              75. See 40 CFR
 Breakdown or Upset''),             upset].                                                   52.1490(c)(11).
 subsection 2.5.4.                                                                            Article 2.5,
                                                                                subsection 2.5.4
                                                                                states:
                                                                                ``Breakdown or
                                                                                upset, determined
                                                                                by the Director to
                                                                                be unavoidable and
                                                                                not the result of
                                                                                careless or
                                                                                marginal
                                                                                operations, shall
                                                                                not be considered
                                                                                a violation of
                                                                                these
                                                                                regulations.''

445B.250.........................  Notification of            10/31/05  73 FR 20536 (4/16/   Most recently
                                    Director:                            08).                 approved version
                                    Construction,                                             was submitted on 8/
                                    reconstruction and                                        20/07. See 40 CFR
                                    initial start-up;                                         52.1490(c)(67)(i)(
                                    demonstration of                                          A)(1).
                                    continuous
                                    monitoring system
                                    performance.
445B.252.........................  Testing and                10/30/03  73 FR 20536 (4/16/   Most recently
                                    sampling.                            08).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(3)(i).
445B.256.........................  Monitoring systems:        10/30/95  71 FR 71486 (12/11/  Most recently
                                    Calibration,                         06).                 approved version
                                    operation and                                             was submitted on 1/
                                    maintenance of                                            12/06. See 40 CFR
                                    equipment.                                                52.1490(c)(56)(i)(
                                                                                A)(7)(i).
445B.257.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Location.                            06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(5)(i).
445B.258.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Verification of                      07).                 approved version
                                    operational status.                                       was submitted on
                                                                                12/8/06. See 40
                                                                                CFR
                                                                                52.1490(c)(62)(i)(
                                                                                A)(1).
445B.259.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Performance                          07).                 approved version
                                    evaluations.                                              was submitted on
                                                                                12/8/06. See 40
                                                                                CFR
                                                                                52.1490(c)(62)(i)(
                                                                                A)(1).
445B.260.........................  Monitoring systems:         9/18/06  72 FR 19801 (4/20/   Most recently
                                    Components                           07).                 approved version
                                    contracted for                                            was submitted on
                                    before September                                          12/8/06. See 40
                                    11, 1974.                                                 CFR
                                                                                52.1490(c)(62)(i)(
                                                                                A)(1).
445B.261.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Adjustments.                         06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(5)(i).
445B.262.........................  Monitoring systems:        10/30/03  71 FR 71486 (12/11/  Most recently
                                    Measurement of                       06).                 approved version
                                    opacity.                                                  was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(7)(iii).
445B.263.........................  Monitoring systems:         12/4/76  71 FR 71486 (12/11/  Most recently
                                    Frequency of                         06).                 approved version
                                    operation.                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(5)(i).
445B.264.........................  Monitoring systems:         9/25/00  71 FR 71486 (12/11/  Most recently
                                    Recordation of                       06).                 approved version
                                    data.                                                     was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(7)(ii).
445B.265.........................  Monitoring systems:          7/2/84  71 FR 71486 (12/11/  Most recently
                                    Records; reports.                    06).                 approved version
                                                                                was submitted on 1/
                                                                                12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(6)(i).
445B.267.........................  Alternative                10/30/03  71 FR 71486 (12/11/  Most recently
                                    monitoring                           06).                 approved version
                                    procedures or                                             was submitted on 1/
                                    requirements.                                             12/06. See 40 CFR
                                                                                52.1490(c)(56)(i)(
                                                                                A)(7)(iii).
445B.275.........................  Violations: Acts             5/4/06  73 FR 19144 (4/9/    Most recently
                                    constituting;                        08).                 approved version
                                    notice.                                                   was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(iv).
445B.277.........................  Stop orders........          5/4/06  73 FR 19144 (4/9/    Most recently
                                                                         08).                 approved version
                                                                                was submitted on 6/
                                                                                26/07. See 40 CFR
                                                                                52.1490(c)(66)(i)(
                                                                                A)(3)(iv).
445.694..........................  Emission discharge          12/4/76  49 FR 11626 (3/27/   Most recently
                                    information.                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.699..........................  Violations:                 12/4/76  49 FR 11626 (3/27/   Most recently
                                    Administrative                       84).                 approved version
                                    fines.                                                    was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.764..........................  Reduction of                8/17/81  49 FR 11626 (3/27/   Most recently
                                    employees' pay                       84).                 approved version
                                    because of use of                                         was submitted on
                                    system prohibited.                                        10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
----------------------------------------------------------------------------------------------------------------
     Nevada Administrative Code, Chapter 445, Air Controls, Air Pollution; Nevada Air Quality Regulations--
                                 Registration Certificates and Operating Permits
----------------------------------------------------------------------------------------------------------------
Article 3.1.6....................  [relates to                 11/7/75  43 FR 1341 (1/9/78)  Submitted on 10/31/
                                    application forms].                                       75. See 40 CFR
                                                                                52.1490(c)(11).
445.704..........................  Registration                12/4/76  49 FR 11626 (3/27/   Most recently
                                    certificates and                     84).                 approved version
                                    operating permits                                         was submitted on
                                    required.                                                 10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).
445.705..........................  Exemptions.........         11/7/75  49 FR 11626 (3/27/   Most recently
                                                                         84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A).

445.706(1).......................  Application date;           11/7/75  49 FR 11626 (3/27/   Most recently
                                    payment of fees.                     84).                 approved version
                                                                                was submitted on
                                                                                10/26/82. See 40
                                                                                CFR
                                                                                52.1490(c)(25)(i)(
                                                                                A). NAC 445.706(2)
                                                                                rescinded at 73 FR
                                                                                20536 (4/16/08).
445.707..........................  Registration                8/28/79  49 FR 11626 (3/27/   Most recently