NEVADA STATE ENVIRONMENTAL COMMISSION REGULATORY PETITION REGISTRY & DOCUMENT ACCESS

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Petition No. P2004-28 LCB File No. R036-05 Nevada Administrative Code: NAC 445B.22023 Description of Petition: Regulation R036-05: Visible Emissions: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004. The regulation has been slightly altered and is now proposed as a permanent regulation.) This regulation proposes to repeal NAC 445B.22023, "Visible emissions: Coal-fired steam generating facilities," contingent upon the requirements of a federal consent decree. The amendment is needed to comply with Nevada's Applicable State Implementation Plan (ASIP), which ensures that the National Ambient Air Quality Standards are attained and maintained. This amended regulation is necessary as part of the ASIP update that was submitted to U.S. EPA in February 2005 with a supplement in June 2005. This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what is established by federal law and it will not increase fees.

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