70CNR-S3862 -Task F SOW Attachement.docx

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Attached to
Permit Writing Assistance and Programmatic Support
Solicitation number
70CNR-S3862
Issued by
Churchill County, Nevada

About this file

This Scope of Work attachment outlines Task F services for the Nevada Department of Environmental Protection (NDEP), specifically the Bureau of Air Pollution Control (BAPC) and Bureau of Air Quality Planning (BAQP), establishing requirements for a Small Business Assistance Program to support small businesses and local governments in meeting air quality regulatory obligations. The program encompasses seven primary focus areas: addressing Section 507 requirements of the Clean Air Act Amendments through national conference participation; assisting with permitting and compliance for unpermitted regulated facilities; providing technical and regulatory assistance to small businesses; disseminating information about the Chemical Accident Prevention Program (CAPP); conducting outreach to cities, counties, and economic development organizations; and measuring and reporting program activities. Service delivery mechanisms include operating a toll-free information line and website, providing in-person and virtual consultations in NDEP-BAPC/BAQP jurisdictional counties during normal business hours, and developing regulatory compliance and permitting assistance materials related to air quality operating permits, modifications, and emission inventory reporting through the State and Local Emissions Inventory System (SLEIS).

The contractor must prepare and maintain updated air quality small business assistance program brochures, distribute electronic announcements and e-newsletters to non-permitted stationary sources, and conduct annual workshops or webinars on ambient air quality topics in coordination with NDEP-BAPC/BAQP. Outreach obligations include providing information to cities, counties, planning commissions, and economic development authorities across Nevada, with documented contact lists updated biannually in January and July. The contractor shall acknowledge Division funding support in marketing materials, participate in national SBEAP conferences and US EPA Region 9 bi-monthly calls, and maintain current knowledge of state and federal regulations through appropriate training and certifications. Quarterly reports detailing assisted facilities and contract-related activities must be submitted electronically within ten calendar days of each quarter's conclusion to designated NDEP supervisors. Class II source assistance is required for stationary sources with potential to emit thresholds below permitting requirements but that may still have notification or regulatory obligations, with thresholds established for various pollutants including particulate matter, carbon monoxide, volatile organic compounds, nitrogen oxides, sulfur dioxide, lead, and hydrogen sulfide.

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Task F – Small Business Assistance Program

Focus areas include:

1. Assist NDEP-BAPC/BAQP with addressing Section 507 requirements of the 1990 Clean Air Act Amendments. This includes attending the annual national SBEAP conference as Nevada’s representative.

2. Assist the NDEP-BAPC/BAQP with permitting and compliance for regulated unpermitted facilities.

3. Provide technical and regulatory assistance to small businesses concerning Air Program requirements.

4. Provide general information to businesses regarding NDEP’s Chemical Accident Prevention Program (CAPP) and refer businesses to CAPP for technical and regulatory assistance.

5. Outreach to Cities and Counties within the NDEP-BAPC/BAQP Air Program and CAPP’s jurisdiction.

6. Outreach to Economic Development Organizations.

7. Measurement and Reporting Technical and Regulatory Assistance (focus areas 1, 2, 3 and 6):

1. Phone and online counseling: operate a toll-free information line that provides air program related information to business and government operations and operate a website that has an option to request assistance/pose questions.

2. In person or virtual consultations: provide in person or virtual air program technical assistance consultations for business and government operations in the State to address permitting requirements and monitoring, testing, reporting and recordkeeping requirements.

3. In person or virtual assistance services shall be made available in counties that NDEP-BAPC/BAQP has jurisdiction, as requested by clients, during normal business hours throughout the contract period.

4. Regulatory compliance and permitting assistance: provide assistance to the regulated community to help with understanding air quality regulatory requirements and provide assistance with understanding and completing air quality operating permit applications, renewals, modifications, and applicability determinations.

5. In person or virtual assistance services shall be made available in counties that NDEP-BAPC/BAQP has jurisdiction for assistance with annual emission inventory reporting through the Nevada DEP State and Local Emissions Inventory System (SLEIS).

Informational Materials Preparation, Distribution and Outreach (focus areas 1, 2, 3, 4, and 5):

1. Prepare and keep updated an air quality small business assistance program brochure on new regulatory requirements and when a Nevada small source needs a permit as necessary.

2. Prepare and distribute an electronic announcement of air program requirements to non-permitted stationary sources; and offer technical assistance. Such outreach may consist of the preparation and distribution of an e-newsletter to provide state and federal air quality updates and other timely information to the regulated community.

3. Training, Working Groups and Presentations:

a. Prepare and conduct workshop and/or webinar as agreed upon in writing, annually, on any topic related to ambient air quality as discussed and agreed with NDEP-BAPC/BAQP.

b. Prepare materials for presentations and training workshops.

c. NDEP-BAPC/BAQP will review presentation materials.

4. Provide information to Cities and Counties on when a facility might be subject to the Chemical Accident Prevention Program (CAPP) and contact information for that program (informational materials to be provided by NDEP-BAPC/BAQP). Information will be provided, at a minimum, to local Planning, Zoning, & Building departments.

5. Provide facilities that may be subject to CAPP with general information about the Chemical Accident Prevention Program, including the requirement to obtain a Permit to Construct (PTC) and a Permit to Operate (PTO) prior to construction and operation of the facility, the approximate timelines and fees associated with permitting, annual registration and associated fees, link to statutes, regulations, and CAPP applications, CAPP contact list, spill hotline reporting, and a list of consultants (to be provided by NDEP-BAPC/BAQP). For businesses re-locating to Nevada from another state, explain that Nevada has a state-only safety and prevention program in addition to the federal Risk Management Plan (RMP).

6. Provide information to all Planning Commissions in the state regarding Nevada Revised Statutes (NRS) 278.147 and the obligation that the commissions provide NDEP CAPP with notice of public hearings and consider the application and consult with NDEP CAPP regarding Special/Conditional Use Permits.

7. At the beginning of each January and July, the selected small business assistance program will develop, update, and share with NDEP-BAPC/BAQP a contact list for all building departments and planning commission points of contact engaged by the selected small business assistance program.

8. The selected small business assistance program will acknowledge the Division’s funding support on the associated marketing materials and workshops related to materials associated with Nevada’s assistance.

9. Conduct outreach to Cities and Counties within NDEP’s jurisdiction to provide each City or County with documentation related to air permitting and CAPP permitting activities and requirements for new and existing facilities and construction activities to ensure that City and County personnel are directing owners and operators of regulated activities to NDEP to obtain the correct permit or file the appropriate notification(s), and city and county personnel are informed about significant permitting activities occurring in their jurisdictions:

a. Work with NDEP-BAPC/BAQP to update an agreed upon package of materials to provide to each City or County.

b. Work with NDEP-BAPC/BAQP to identify the departments and personnel to contact and will document the contacts made at each City or County.

c. At a minimum all Counties (Washoe and Clark- CAPP Only) should be notified and the following Cities:

i. Carson City

ii. Elko

iii. Ely

iv. Fallon

v. Fernley

vi. Gardnerville

vii. Lovelock

viii. Pahrump

ix. Tonopah

x. Wells

xi. West Wendover

xii. Winnemucca

xiii. Yerington

xiv. Washoe County, Division of Air Quality Management (CAPP Only)

xv. City of Reno (CAPP Only)

xvi. City of Sparks (CAPP Only)

xvii. Clark County Department of Environment and Sustainability (CAPP Only)

xviii. City of Henderson (CAPP Only)

xix. City of Las Vegas (CAPP Only)

xx. City of North Las Vegas (CAPP Only)

xxi. City of Boulder City (CAPP Only)

xxii. City of Mesquite (CAPP Only) Outreach to each City or County listed in subparagraph c shall continue at least annually through the life of the contract.

3. Contact all of the economic development authorities in Nevada for introductions and the air quality related assistance available through the program, and to share the air quality brochure or fact sheet developed in paragraph 1, and to share the CAPP brochure or other materials (such as fact sheets) developed by NDEP BAPC/BAQP. Outreach shall continue at least annually.

NDEP Cooperation (focus areas 1, 2, 3, 4, 5 and 6)

1. NDEP-BAPC/BAQP staff will make referrals to the program during inspections, site visits, and other interactions with the regulated community.

2. To encourage effective referrals, NDEP-BAPC/BAQP will promote program awareness internally among the Bureau’s staff, including permit writers, inspectors, and other staff.

3. NDEP-BAPC/BAQP will provide opportunities for interaction between the selected small business program and Division staff, including the opportunity for staff to attend appropriate meetings and make presentations to program staff on program services and initiatives.

4. The Division will open training for NDEP permit writers and inspectors to the selected small business assistance program, as appropriate, including training on the Nevada DEP State and Local Emissions Inventory System (SLEIS).

5. NDEP-BAPC/BAQP will make aware the selected small business assistance program about emerging issues on ambient air quality within NDEP-BAPC/BAQP’s jurisdiction.

6. NDEP-BAPC/BAQP will schedule quarterly virtual or in-person meetings to discuss questions and updates regarding the air program.

7. NDEP-BAPC/BAQP will provide all necessary informational handouts and documentation for CAPP, distribute through other electronic media, as well as distribute hard copies to local jurisdictions and facilities.

8. For the performance of task 5 under “Informational Materials Preparation, Distribution and Outreach” in particular, NDEP-BAPC/BAQP will provide the selected small business assistance program with necessary training on CAPP processes and requirements.

Training & Regional and National Program Participation (focus areas 1, 2, 3, 4, and 7)

1. As it judges necessary to advance the goals of the contract and in furtherance of meeting the State’s obligations under section 507 of the Clean Air Act as amended in 1990, the selected small business assistance program will participate in annual conferences, on committees, and in ongoing workgroups of the national Small Business Environmental Assistance Programs (SBEAP) and US EPA Small Business Ombudsman.

2. Will also participate in US EPA Region 9 calls and meetings of state and local small business environmental assistance programs sitting in fulfilment of section 507. Such calls currently occur on a bi-monthly basis.

The selected small business assistance program shall attend trainings, seminars and conferences to stay current with state and federal rules and regulations, best practices for technical assistance organizations, and to obtain helpful or necessary certifications.

Measurement and Reporting (focus area 6)

1. Submit a quarterly report (electronically) to the Division, within ten (10) calendar days after the end of each quarter. Each quarterly report will include a transmittal letter and a description of the contract related activities conducted during the quarter, including the number of facilities that have been assisted, as described in the scope of work.

2. Submit quarterly invoices and reports to:

a. Shantell Davis, Minor Source Permitting Supervisor, Bureau of Air Pollution Control, Nevada Division of Environmental Protection, 901 S. Stewart St., Ste. 4001, Carson City, NV 89701-5249.

b. Currently Vacant, Supervisor of Administrative Branch, Bureau of Air Quality Planning, Nevada Division of Environmental Protection, 901 S Stewart St., Ste. 4001, Carson City, NV 89701-5249 Regulatory Petition R085-16 (focus area 2)

Regulatory Petition R085-16, effective November 2, 2016, revised the definition of a Class II source under Nevada Administrative Code (NAC) 445B.037. The revised definition established thresholds based on a source’s potential to emit (PTE). If a source’s PTE is below these thresholds, no air quality operating permit is required but there may still be air quality related notifications required and/or regulatory requirements the source must follow. For such sources, the selected small business assistance program will be available to provide information and technical assistance. A stationary source is now a Class II source if their PTE is equal to or greater than the thresholds for any listed pollutant pursuant to the table below.

Pollutant
Class II Threshold PTE

(tons per year)

Particulate Matter
PM2.5
5
Particulate Matter
PM10
5
Carbon Monoxide
CO
50
Volatile Organic Compounds
VOC
20
Nitrogen Oxides
NOx
5
Sulfur Dioxide
SO2
5
Lead
Pb
0.3
Hydrogen Sulfide
H2S
1

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