CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Marci Henson, Department of Environment and Sustainability |
Recommendation:
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Conduct a public hearing; approve, adopt, and authorize the Chair to sign an ordinance to amend Clark County Air Quality Regulations Sections 13 and 14 to incorporate by reference updates to delegated federal National Emission Standards for Hazardous Air Pollutants (NESHAPs) and New Source Performance Standards (NSPS), respectively, in effect as of August 1, 2024; incorporate by reference an NSPS for bulk gasoline terminals; create new subsections to incorporate by reference certain NESHAPs and NSPS for inclusion into the state implementation plan; add clarifying language; renumber subparagraphs as necessary; and providing for other matters properly related thereto; authorize the Control Officer to request U.S. Environmental Protection Agency (EPA) delegation for the authority to enforce the NSPS for bulk gasoline terminals and to sign any documents necessary to complete the delegation process; and authorize the Control Officer to compile and submit the adopted ordinance and all related documentation for the new subsections, including the Technical Support Document, to the Nevada Division of Environmental Protection for EPA approval into the Nevada State Implementation Plan. (For possible action)
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FISCAL IMPACT:
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BACKGROUND:
Sections 13.1, 13.2, and 14.1 - Delegated Federal Regulations:
Pursuant to Title 40, Parts 61 and 63 of the Code of Federal Regulations (40 CFR Parts 61 & 63), stationary sources that emit specific types and quantities of hazardous air pollutants are subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements. Specific types of stationary sources that emit criteria pollutants, such as carbon monoxide and particulate matter, are subject to New Source Performance Standards (NSPS) requirements pursuant to 40 CFR Part 60. EPA has delegated the responsibility for administering certain NESHAP and NSPS requirements to Clark County. If approved, the ordinance would update these requirements through August 1, 2024, and incorporate by reference an additional NSPS: 40 CFR Part 60, Subpart XXa, "Standards of Performance for Bulk Gasoline Terminals that Commenced Construction, Modification, or Reconstruction After June 10, 2022," adopted by EPA on July 8, 2024. The ordinance will ensure that federal NESHAP and NSPS requirements are current and continue to be administered by the county. Upon Board approval, the Control Officer (i.e., the director of the Department of Environment and Sustainability) will request that EPA delegate authority to enforce the new subpart and will sign any documents necessary to initiate and complete the delegation process.
Sections 13.3 and 14.2 - Requirements for Ozone Nonattainment Areas:
On October 1, 2015, EPA revised the 8-hour National Ambient Air Quality Standard (NAAQS) for ozone, lowering both the primary and secondary standards from 0.075 to 0.070 parts per million. When establishing a new NAAQS or revising an existing one, EPA must also designate areas as meeting (attainment) or not meeting (nonattainment) the NAAQS. Initially, the Las Vegas Valley was designated as a "marginal" nonattainment area. On July 22, 2022, EPA proposed to determine that the Las Vegas Valley nonattainment area had failed to attain the 2015 8-hour ozone NAAQS and would be reclassified as a "moderate" nonattainment area. On January 5, 2023, EPA officially made that determination and notified Clark County that the required state implementation plan was due no later than January 1, 2023.
The attached proposed ordinance creates Sections 13.3 and 14.2 for inclusion into the Nevada state implementation plan to satisfy federal obligations to reduce volatile organic compounds in a moderate nonattainment area for ozone. The attached technical support document provides context and explains the proposed new Sections 13.3 and 14.2 to facilitate enforcement.