The Nevada Division of Environmental Protection (NDEP) Bureau of Air Pollution Control (BAPC) announced several updates related to air quality permitting and compliance:
FAQs for ICEs and Replacements
The BAPC has received valuable feedback on the draft Frequently Asked Questions (FAQs) for Stationary Internal Combustion Engines (ICEs) and Emission Unit Replacements. The final FAQ for Emission Unit Replacements is now available on the Air NDEP website.
Important FAQs include information on allowable modifications, alterations or changes that can be made without a permit revision, like-kind replacement information, and the requirement to permit temporary equipment (excluding non-road engines).
Additionally, the FAQ for ICEs is undergoing final review. Stakeholders are encouraged to review the draft and provide any questions or comments to Jaimie Mara [email protected], Ashley Taylor [email protected], and Tanya Soleta [email protected] by March 29, 2024. Trinity can provide assistance with developing comments for NDEP.
Pending AQOP Applications Posted
BAPC has posted a list of pending applications by county on its website: https://ndep.nv.gov/air/permitting. Updated the first week of each month, these tables provide essential information for industry stakeholders. All Nevada counties under NDEP’s jurisdiction are included. Permit applications will not include Washoe County and Clark County, both administered by local air agencies (NNPH and DAQ, respectively). Public copies of the permit applications may be reviewed on NDEP’s website at https://ecms.nv.gov/ndep/. Any inquiries or concerns can be directed to Ashley Taylor at [email protected].
Compliance Inspectors Map
Minor changes have been made to the oversight areas for the six (6) NDEP facility inspectors. Stakeholders can now find their current inspector (based on county) through the compliance map available on the BAPC website: https://ndep.nv.gov/uploads/air-permitting-docs/ComplianceMap.pdf. Ensure you are aware of your current inspector so that you can reach out with questions and foster a good working relationship with your specific agency contact.
Guidance for Testing Conditions and Requirements
BAPC’s compliance team regularly updates the “Guidance for Testing Conditions and Requirements.” Recent changes include adjustments to moisture content time length, simultaneous flow measurements with pollutant emission rate runs for isokinetic test runs, and brush and rinse requirements for Method 29. Find the latest updates at: https://ndep.nv.gov/uploads/air-permitting-docs/230816_website_testing_requirements.pdf
Facilities are reminded to notify the compliance team of upcoming source testing. While a 30-day notice is required by NAC 445B.252.4, the compliance team understands that unforeseen circumstances may arise. Facilities must inform NDEP at least 24 hours before the intended test start. Contact your inspector or email [email protected]. Failure to comply may lead to test invalidation.
Source test reports must be submitted within 60 days after testing, per NAC 445B.252.8. Late submissions risk invalidation or enforcement action. BAPC reminds facilities to notify compliance staff of any delays in obtaining final reports from source testing companies.
Stack testing must occur under representative operating conditions as required by NDEP. There is not a requirement to conduct a source test with a minimum of 90% of the equipment’s rated capacity, if that is not how the system normally operates. Throughput and/or fuel usage during the source test must be included in the source test report, as well as start and stop times for batch processes. Contact the compliance team with any questions or concerns regarding these updates.
Confidential or Nondisclosure Agreements Facility Visits
Under NAC 45B.315(3)(j)(1), facilities must grant access to BAPC staff with proper credentials to enter premises where emissions-related activities occur, or records are kept as per the operating permit. BAPC clarifies that facilities are not required to sign confidential or nondisclosure agreements for BAPC staff to conduct visits. Facilities that turn away BAPC staff without reasonable justification will face enforcement action. Forms and procedures for maintaining confidentiality are available on the BAPC website: https://ndep.nv.gov/air/permitting/download-permit-forms.
Recordkeeping Reminder
BAPC compliance staff will emphasize the importance of accurate recordkeeping over the coming months. Records play a crucial role in demonstrating compliance with the Clean Air Act and permits. Facilities operating under a Class I permit are required to maintain all records at their facility for the prior 5 years. Records may be maintained as either paper or electronic records but must be readily available upon request. Facilities are encouraged to reach out to their compliance inspector for assistance if needed.
Certified Public Management Project
Gregg Rosenberg, major source compliance supervisor, is leading a project to encourage compliance and reduce potential violations. Industry feedback is sought to support this initiative and align with the bureau’s vision. If you would like assistance in responding to the outreach from BAPC, please let us know.
If you have questions regarding the updates outlined above and how they may affect your facility, or would like support in submitting industry feedback, please reach out to Trinity’s Reno office or call 775.242.3200.
