File #: 21-1029   
Status: Agenda Ready
File created: 7/7/2021 In control: Clark County Board of Commissioners
On agenda: 7/20/2021 Final action:
Title: Conduct a public hearing and approve, adopt, and authorize the Chair to sign an ordinance to amend Clark County Air Quality Regulation Section 0 to revise and add definitions; repeal and adopt a new Section 12.3 ("Permit Requirements for Major Sources in Nonattainment Areas") to remove obsolete definitions, add portable source permitting terms, and incorporate language based on U.S. Environmental Protection Agency (EPA) guidance and federal case law; and repeal and adopt a new Section 12.4 ("Authority to Construct Application and Permit Requirements for Part 70 Sources") to restructure, clarify permitting requirements (including timing of extension requests, terminations for cause, public participation, and the applicability of reasonably available control technology), amend definitions, add portable source provisions, and streamline certain permitting procedures; provide for other matters properly related thereto; and authorize the Director to submit the adopted ordinance and all related documentation to the Nevada Division of Environmental Protection for EPA approval into the Nevada State Implementation Plan. (For possible action)
Attachments: 1. Staff Report, 2. AIDR 3179.pdf, 3. Bill 7-6-21-1.pdf, 4. Exhibit1-Sect.12.3.Strikeout.pdf, 5. Exhibit2-Sect.12.3.Underline.pdf, 6. Exhibit3-Sect.12.4.Strikeout.pdf, 7. Exhibit4-Sect.12.4.Underline.pdf
Date Action ByActionResultAction DetailsMeeting DetailsVideo/Audio
7/20/2021 Clark County Board of Commissioners Approved

Agenda note: DISCUSSION: Following introduction of the item, the Board was addressed by Marci Henson, Director of the Department of Environment and Sustainability, who advised that updates to the department’s permitting rules section Nos. 12.3 and 12.4 regarding making distinctions between different permitting types; further advised of doing a series of Air Quality Regulation updates; and received assistance from an air quality consultant, legal analysis from the District Attorney’s Office, public comment, and was reviewed by the Environmental Protection Agency. Chair Kirkpatrick opened the public hearing and asked if there were any persons present in the audience wishing to be heard on the matter. SPEAKER(S): None There being no persons present in the audience wishing to be heard on the matter, Chair Kirkpatrick closed the public hearing.
Pass Action details Meeting details Video/Audio Video/Audio

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

 

Petitioner:

Marci Henson, Department of Environment and Sustainability

Recommendation: 

title

Conduct a public hearing and approve, adopt, and authorize the Chair to sign an ordinance to amend Clark County Air Quality Regulation Section 0 to revise and add definitions; repeal and adopt a new Section 12.3 (“Permit Requirements for Major Sources in Nonattainment Areas”) to remove obsolete definitions, add portable source permitting terms, and incorporate language based on U.S. Environmental Protection Agency (EPA) guidance and federal case law; and repeal and adopt a new Section 12.4 (“Authority to Construct Application and Permit Requirements for Part 70 Sources”) to restructure, clarify permitting requirements (including timing of extension requests, terminations for cause, public participation, and the applicability of reasonably available control technology), amend definitions, add portable source provisions, and streamline certain permitting procedures; provide for other matters properly related thereto; and authorize the Director to submit the adopted ordinance and all related documentation to the Nevada Division of Environmental Protection for EPA approval into the Nevada State Implementation Plan. (For possible action)

body

 

 

FISCAL IMPACT:

Fund #:

N/A

Fund Name:

N/A

Fund Center:

N/A

Funded PGM/Grant:

N/A

Amount:

N/A

Description:

N/A

Additional Comments:

N/A

 

BACKGROUND: 

The Clark County Department of Environment and Sustainability has reviewed the Clark County Air Quality
Regulations (AQRs) related to major stationary sources in nonattainment areas (areas in which federal Clean Air
Act criteria pollutants exceed National Ambient Air Quality Standards) and determined that amending these
regulations would improve rule implementation, provide additional clarity, and facilitate the incorporation of
language based on guidance from the U.S Environmental Protection Agency and applicable federal case law. The
proposed ordinance would amend AQR Sections 0 ("Definitions"), 12.3 ("Permit Requirements for Major Sources
in Nonattainment Areas"), and 12.4 ("Authority to Construct Application and Permit Requirements for Part 70
Sources") to add and revise definitions, remove obsolete definitions, add permitting provisions related to portable
sources, streamline certain permitting procedures, and clarify permitting requirements, including the timing of
extension requests, termination of permits for cause, public participation, and the applicability of reasonably
available control technology requirements.