APPENDIX B

State of Nevada Applicable State Implementation Plan

REGULATORY ELEMENTS: Air Pollution
1

State of Nevada Applicable State Implementation Plan1

REGULATORY ELEMENTS: Air Pollution

Through and including 4/16/08 final FR actions

January 28, 1972 - April 16, 2008

Last revised 8/19/2011

EXPLANATION: 

Gray = Provision proposed for rescission by EPA 12/18/06 (71FR75690 re excess emissions), but not finalized.

Definitions

445B.001 Definitions.

445.431 Acid Mist Defined.

445B.002 Act Defined.

445B.004 Administrator Defined.

445B.005 Affected Facility Defined.

445B.006 Affected Source Defined.

445B.009 Air-Conditioning Equipment Defined.

445.436 Air Contaminant Defined.

445B.011 Air Pollution Defined.

445B.015 Alternative Method Defined.

445B.018 Ambient Air Defined.

445B.022 Atmosphere Defined.

445.445 Barite Defined.

445.447 Barite Grinding Mill Defined.

445B.030 British Thermal Units Defined.

445.458 Calcine Defined.

445.464 Coal Defined.

445.470 Colemanite Defined.

445.471 Colemanite Processing Plant Defined.

445B.042 Combustible Refuse Defined

Art. 1.36 Commenced. With respect to the definition of “new source” in section 112(a)(2) of the act...

445B.0425 Commission Defined.

Art. 1.42 Construction. Fabrication, erection, or installation of an affected facility. 

Art. 1.43 Contiguous property. 

445B.047 Continuous Monitoring System Defined.

445.482 Converter Defined.

445B.051 Day Defined.

445B.053 Director Defined.

445.492 Dryer Defined.

Art. 1.60 Effective date. 

445B.055 Effective Date of the Program Defined.

445B.056 Emergency Defined.

445B.058 Emission Defined.

445B.059 Emission Unit Defined.

445B.060 Enforceable Defined.

445B.061 EPA Defined.

 

1

This is the ASIP to the best of NDEP’s knowledge; it may vary somewhat from the U.S. EPA version. A proposed 

updated/replacement ASIP was submitted to EPA on February 16, 2005 with revisions on January 12, 2006, 

December 8, 2006, June 26, 2007, August 20, 2007 and January 24, 2011. This “Current” ASIP incorporates all of 

EPA’s final actions on NDEP’s submittals through April 16, 2008: the 3/27/06, 12/11/06, 4/20/07, 5/8/07, 4/9/08

and 4/16/08 FR actions and the 1/3, 5/8, 6/13, 11/2/07and 4/16/08 rescissions. 
2

445B.062 Equivalent Method Defined.

445B.063 Excess Emissions Defined.

Art. 1.72 Existing Facility. 

Art. 1.73 Existing Source. 

445.512 Floating Roof Defined.

445.513 Fossil Fuel Defined.

445B.072 Fuel Defined.

445B.073 Fuel-Burning Equipment Defined.

445B.075 Fugitive Dust Defined.

445B.077 Fugitive Emissions Defined.

445B.080 Garbage Defined.

445B.084 Hazardous Air Pollutant Defined.

445B.086 Incinerator Defined.

445.536 Lead Defined.

445B.091 Local Air Pollution Control Agency Defined.

Art. 1-Definitions: No. 2-LAER

Lowest achievable emission rate.

Art. 1.104 Major stationary source. 

445B.095 Malfunction Defined.

445B.097 Maximum Allowable Throughput Defined.

Art.1.109 Modification. 

445B.103 Monitoring Device Defined.

Art. 1.111 Motor vehicle.

445B.106 Multiple-Chamber Incinerator Defined.

Art. 1.114 New source. 

445B.109 Nitrogen Oxides Defined.

445B.112 Nonattainment Area Defined.

445B.113 Nonroad Engine Defined.

445B.1135 Nonroad Vehicle Defined.

445B.116 Odor Defined.

445B.119 One-Hour Period Defined.

445B.121 Opacity Defined.

445B.122 Open Burning Defined.

445.559 Operating Permit Defined.

445B.125 Ore Defined.

445B.127 Owner or Operator Defined.

445B.129 Particulate Matter Defined.

445B.130 Pathological Wastes Defined.

445B.134 Person Defined.

445.565 Petroleum Defined.

445B.135 PM (10) Defined.

Art. 1.131 Point source. 

445.570 Portland Cement Plant Defined.

445.574 Precious Metal Defined.

445.575 Precious Metal processing Plant Defined.

445B.144 Process Equipment Defined.

445B.145 Process Weight Defined.

445.585 Process Weight Rate Defined.

445B.151 Reference Conditions Defined.

445B.152 Reference Method Defined.

445.592 Registration Certificate Defined.

445B.153 Regulated Air Pollutant Defined.

445.597 Roaster Defined.

445B.161 Run Defined.

445B.163 Salvage Operation Defined.
3

445B.167 Shutdown Defined.

445B.168 Single-Chamber Incinerator Defined.

Art. 1.171 Single source. 

445B.172 Six-Minute period Defined.

445.618 Slag Defined.

445B.174 Smoke Defined.

445B.176 Solid Waste Defined.

445B.177 Source Defined.

Art. 1.182 Special mobile equipment.

445B.180 Stack and Chimney Defined.

445B.182 Standard Defined.

445B.185 Start-up Defined.

Art. 1.187 Stationary source. 

445.190 Stop Order Defined.

445.633 Submerged Fill Pipe Defined.

445B.198 Uncombined Water Defined.

445.649 Violation Defined.

445B.202 Volatile Organic Compound Defined.

445B.205 Waste Defined.

445B.207 Wet Garbage Defined.

445B.209 Year Defined.

445B.211 Abbreviations.

General Provisions

445B.220 Severability.

445B.22017 Visible emissions: Maximum opacity; determination.

445B.2202 Visible emissions: Exceptions for stationary sources.

Art. 16.3.3 Standard for Opacity

Art. 16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which 

exhibit greater than 10 percent opacity

Art. 16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed . . .

445.729 Process weight rate for calculating emission rates.

445.730 Colemanite flotation processing plants.

445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions 

rates.

445B.2203 Emissions of particulate matter: Fuel-burning equipment.

445B.22033 Emissions of particulate matter: Sources not otherwise limited.

445B.22037 Emissions of particulate matter: Fugitive dust.

Art. 7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the 

first barite grinding mill

445.808 1. This section applies to those systems of the facilities described in subsection 2 . . .

445.816 1. This section applies to those systems of the facilities described in subsection 2 . . .

Art. 8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds . . .

Art. 8.2.2 For purposes of Article 8, “sulfur emission” means . . .

445B.2204 Sulfur emission defined.

445B.22043 Sulfur emissions: Calculation of total feed sulfur.

445B.22047 Sulfur emissions: Fuel-burning equipment.

445B.2205 Sulfur emissions: Other processes which emit sulfur. 

445B.22067 Open burning.

445B.2207 Incinerator burning.

445B.22083 Construction, major modification or relocation of plants to generate electricity using steam 

produced by burning of fossil fuels.

445B.2209 Reduction of animal matter.

445B.22093 Organic solvents and other volatile compounds.
4

445B.22097 Standards of quality for ambient air.

445B.225 Prohibited Conduct: Concealment of Emissions.

445B.227 Prohibited Conduct: Operation of Source without required equipment; removal or 

modification of required equipment; modification of required procedure.

445B.229 Hazardous emissions: Order for reduction or discontinuance.

445B.230 Plan for reduction of emissions.

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

Art. 2.5 Scheduled Maintenance, Testing, and Breakdown or Upset

Art. 2.5.4 Breakdown or upset, determined by the Director to be unavoidable and not the result of 

careless or marginal operations, shall not be considered a violation of these regulations.

445B.250 Notification of planned construction or reconstruction.

445B.252 Testing and sampling.

445B.256 Monitoring systems: Calibration, operation and maintenance of equipment.

445B.257 Monitoring systems: Location.

445B.258 Monitoring systems: Verification of operational status.

445B.259 Monitoring systems: Performance evaluations.

445B.260 Monitoring systems: Components contracted for before September 11, 1974.

445B.261 Monitoring systems: Adjustments.

445B.262 Monitoring systems: Measurement of opacity.

445B.263 Monitoring systems: Frequency of operation.

445B.264 Monitoring systems: Recordation of data.

445B.265 Monitoring systems: Records; reports.

445B.267 Alternative monitoring procedures or requirements.

445B.275 Violations: Acts constituting; notice.

445B.277 Stop orders.

Art. 2.11.7 Judicial review may be had of the granting or denial of a variance . . .

445.694 Emission discharge information.

445.699 Violations: Administrative fines.

445.764 Reduction of employees' pay because of use of system prohibited.

Operating Permits Generally

Art.3.1.6 Application forms for requesting the issuance of either a registration certificate or an 

operating permit can be obtained from the Director

445.704 Registration certificates and operating permits required.

445.705 Exemptions.

445.706 Application date; payment of fees.

445.707 Registration certificates: Prerequisite; application; fee; issuance, denial; expiration.

445.712 Operating permits: Prerequisite; application; fee; issuance, denial; posting.

445.713 Operating permits: Renewal.

445.714 Operating permits: Replacement of lost or damaged permits.

445.715 Operating permits: Revocation.

445.716 Operating permits: Change of location.

Art. 13.1 General Provisions for the Review of New Sources

Art. 13.1.1 Prior to the issuance of any registration certificates in accordance with . . .

Art. 13.1.3 The Director shall not issue a registration certificate for any point source if: . . .

Art. 13.1.4 The Director may impose any reasonable conditions on his approval, including . . .

Art. 13.1.5 Where a proposed source located on contiguous property is constructed or modified . . .

Art. 13.1.6 Approval and issuance of a registration certificate to any source construction or . . .

Art. 13.1.7 Any source or proposed facility shall, upon written application to the Director, receive . . .

Art. 13.2 The following new single sources or modifications to an existing single source . . .

Art. 13.2.1 Any single source which can cause, allow or permit the emission of an air . . .

Art. 13.2.2 Any combination of single sources located at a single premise which can cause, . . .

Art. 13.2.3 Any single source, upon written notice from the Director.

Art. 13.3 Environmental Evaluation:
5

Art. 13.3.1 The environmental evaluation required for new or modified single as determined . . .

Art. 13.3.1.1 An environmental evaluation shall be a careful and detailed assessment of the . . .

Art. 13.3.1.2 An environmental evaluation shall contain adequate environmental safeguards . . .
6

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

Definitions

445B.001

(Supersedes 

445.430)

Definitions. As used in NAC 445B.001 to 445B.3791, inclusive, unless the context otherwise requires, the words and 

terms defined in NAC 445B.002 to 445B.211, inclusive, have the meanings ascribed to them in those sections.

 (Supplied in codification; A by Environmental Comm’n, 12-5-84; 10-15-85; 8-22-86; 9-25-87; 10-22-87; 12-15-88; 

12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001; 

R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R189-05, 5-4-2006; R162-

06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008

445.431 "Acid mist" defined.

"Acid mist" means sulfuric acid mist, as measured by Method 8 of 40 C.F.R. S 60,

Appendix A, or an equivalent or alternative method. 

[Environmental Comm'n, Air Quality Reg. 1.1, eff. 12-4-76; A 8-28-79]

(c)(25)(i)(A)

445B.002

(Supersedes 

445.432)

“Act” defined. “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended.

 [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in revision for NAC 

445.432)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.004

(Supersedes 

445.433)

“Administrator” defined. “Administrator” means the Administrator of the United States Environmental Protection 

Agency or the Administrator’s representative or delegate.

 [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—(Substituted in revision for 

NAC 445.433)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.005

(Supersedes 

445.434)

“Affected facility” defined. “Affected facility” means, with reference to a stationary or temporary source, any 

apparatus to which a standard is applicable.

 [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.006 “Affected source” defined. “Affected source” means a stationary source subject to the requirements relating to acid 

rain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 10-25-2001)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.009

(Supersedes 

445B.435)

“Air-conditioning equipment” defined. “Air-conditioning equipment” means equipment utilized to heat or cool the 

interior of a building or structure.

 [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—

(Substituted in revision for NAC 445.435)

(c)(56)(i)(A) 

71FR15040

3/27/2006

445.436 "Air contaminant" defined.

"Air contaminant" means any substance discharged into the atmosphere except water vapor and water droplets. 

[Environmental Comm'n, Air Quality Reg. 1.2, eff. 11-7-75; renumbered as 1.5, 12-4-76; A 8-28-79]

(c)(25)(i)(A)

445B.011

(Supersedes 

445.437)

“Air pollution” defined. “Air pollution” has the meaning ascribed to it in NRS 445B.115.

 [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79]—

(NAC A by R105-97, 3-5-98)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.015 “Alternative method” defined. “Alternative method” means any method of sampling and analyzing for a regulated air (c)(56)(i)(A)
7

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

(Supersedes 

445.439)

pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the director 

that, in specific cases, it produces results adequate to determine compliance.

 [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79]—(NAC A 10-30-95)

71FR71486

12/11/2006

445B.018

(Supersedes 

445.441)

“Ambient air” defined. “Ambient air” means that portion of the atmosphere which is external to buildings, 

structures, facilities or installations to which the public has access.

 [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79]—(NAC A 

10-22-87)—(Substituted in revision for NAC 445.441)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.022

(Supersedes 

445.444)

“Atmosphere” defined. “Atmosphere” means all the air surrounding the earth and external to buildings and structures.

 [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renumbered as 

§ 1.13, 8-28-79]—(Substituted in revision for NAC 445.444)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.445 "Barite" defined.

"Barite" means a naturally occurring sulfate of barium, BaS04, which is transparent to opaque and is whitish in color.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79: renumbered as 1.14, 8-28-79]

(c)(25)(i)(A)

445.447 "Barite grinding mill" defined.

"Barite grinding mill" means any single source designed to reduce crude barite to a finished product.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1-25-79]

(c)(25)(i)(A)

445B.030

(Supersedes 

445.457)

“British thermal units” defined. “British thermal units (Btu)” means that quantity of heat required to raise the 

temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure 

of 14.7 pounds per square inch (29.92 inches of mercury).

 [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76]—(NAC A 10-

22-87)—(Substituted in revision for NAC 445.457)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.458 "Calcine" defined.

"Calcine" means the solid materials produced by a roaster.

[Environmental Comm'n, Air Quality Reg. 1.22, eff. 12-4-76]

(c)(25)(i)(A)

445.464 "Coal" defined.

"Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous or lignite as defined by 

Designation D-388-66 of the American Society for Testing and Materials.

[Environmental Comm'n, Air Quality Reg. § 1.29, eff. 12-4-76]

(c)(25)(i)(A)

445.470 "Colemanite" defined.

"Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca2B6Oll, 5H2O, and 

which is normally white or colorless.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 11-17-78]

(c)(25)(i)(A)

445.471 "Colemanite processing plant" defined.

"Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the production of 

calcined or uncalcined concentrate. Treating may consist of crushing, screening, grinding, transferring, storing, 

(c)(25)(i)(A)
8

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

calcining as required and loading.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 11-17-78]

445B.042

(Supersedes 

445.472)

“Combustible refuse” defined. “Combustible refuse” means any waste material which can be consumed by 

combustion.

 [Environmental Comm’n, Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35, 12-4-76]—(Substituted in 

revision for NAC 445.472)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.36 Commenced. With respect to the definition of “new source” in section 111(a)(2) of the Act, that an owner or operator 

has undertaken a continuous program of construction or modification or that an owner or operator has entered into a 

contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or 

modification.

(c)(12)

445B.0425

(Supersedes 

Article1.38)

“Commission” defined. “Commission” has the meaning ascribed to it in NRS 445B.120.

 (Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R105-97, 3-5-98)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.42 Construction. Fabrication, erection, or installation of an affected facility. (c)(12)

1.43 Contiguous property. Any property under single or joint ownership or operatorship which is in physical contact, 

touching, near, or adjoining. Public property or public right-of-way shall not be deemed as a break in any contiguous 

property.

(c)(14)(viii)

445B.047

(Supersedes 

445.480)

“Continuous monitoring system” defined. “Continuous monitoring system” means the equipment required for 

monitoring emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanent 

record of emissions or process parameters.

 [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 

445.480)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.482 "Converter" defined.

"Converter" means any vessel in which lead concentrate or bullion is charged and refined.

[Environmental Comm'n, Air Quality Reg. 1.46, eff. 12-4-76]

(c)(25)(i)(A)

445B.051

(Supersedes 

445.486)

“Day” defined. “Day” means a 24-hour period which begins at midnight.

 [Environmental Comm’n, Air Quality Reg. § 1.51, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for 

NAC 445.486)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.053

(Supersedes 

445.488)

“Director” defined. “Director” means the Director of the State Department of Conservation and Natural Resources or 

his designee or a person designated by or pursuant to a county or city ordinance or regional agreement or regulation to 

enforce local air pollution control ordinances and regulations.

 [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-77]—

(Substituted in revision for NAC 445.488)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.492 "Dryer" defined. 

"Dryer" means any facility in which a charge of a copper sulfide ore concentrate is heated in the presence of air to 

(c)(25)(i)(A)
9

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

eliminate a portion of the moisture from the charge, provided less than 5 percent of the sulfur contained in the charge is 

eliminated in the facility.

[Environmental Comm'n, Air Quality Reg. 1.57, eff. 12-4-76]

1.60 Effective date. Upon the filing of the regulations with the Secretary of State, or as specified in the exceptions contained 

in NRS 233B.070.

(c)(14)(vii)

445B.055 “Effective date of the program” defined. “Effective date of the program” means the date on which the Administrator 

approves the program.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4915)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.056 “Emergency” defined. “Emergency” means any situation arising from a sudden and reasonably unforeseeable event 

beyond the control of the owner or operator, including an act of God, that requires immediate corrective action to 

restore normal operation, and that causes the source to exceed an emission limitation contained in the operating permit 

which is based on a specific type of technology. The term does not include the failure to comply with emission 

limitations because of the improper design of the source, the lack of preventative maintenance, the careless or improper 

operation of the source, or any error by the operator.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4955)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.058

(Supersedes 

445.499)

“Emission” defined. 

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which contains, 

or may contain, a regulated air pollutant.

 2. The term includes the material passed to the atmosphere.

 [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65, 12-4-76]—(NAC A by 

R105-97, 3-5-98)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.059

(Supersedes 

445.500)

“Emission unit” defined. “Emission unit” means a part of a stationary source which emits or has the potential to emit 

any regulated air pollutant.

 [Environmental Comm’n, Air Quality Reg. § 1.57.5, eff. 10-16-80]—(NAC A 10-22-87; 3-29-94, eff. 11-15-94; 10-

30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.060 “Enforceable” defined. “Enforceable” means enforceable under federal, state or local law.

 (Added to NAC by Environmental Comm’n, eff. 10-14-82)—(Substituted in revision for NAC 445.5005)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.061 “EPA” defined. “EPA” means the United States Environmental Protection Agency.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5008)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.062

(Supersedes 

445.501)

“Equivalent method” defined. “Equivalent method” means any method of sampling and analyzing for a regulated air 

pollutant which has been demonstrated to the director’s satisfaction to have a consistent and quantitatively known 

relationship to the reference method under specified conditions.

 [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 12-4-76]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR71486

12/11/2006
10

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

445B.063

(Supersedes 

445.504)

“Excess emissions” defined. “Excess emissions” means any emission which exceeds any applicable emission 

limitation prescribed by NAC 445B.001 to 445B.3791, inclusive, or that is contained in an operating permit. The 

averaging time and test procedures for determining excess emissions must be as specified in the relevant condition or 

conditions of the operating permit, except that this does not preclude the use, including the exclusive use, of any 

credible evidence or information relevant to the determination of whether a source would have been in compliance with 

the applicable requirements if the appropriate performance or compliance test or procedure had been performed to 

determine excess emissions.

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 1, eff. 8-29-79]—(NAC A 10-22-87; 12-13-93; R096-05, 10-31-

2005)

(c)(66)(i)(A)(3)

73FR19144

04/09/2008

1.72 Existing facility. With reference to a stationary source, any apparatus of the type for which a standard is promulgated 

in this part, and the construction or modification of which was commenced before the date of proposal of that standard; 

or any apparatus which could be altered in such a way as to be of that type.

(c)(12)

1.73 Existing source. Equipment, machines, devices, articles, contrivances, or facilities which are constructed, purchased, or 

in operation on the effective date of these regulations; except that any existing equipment, machine, device, article,

contrivance, or facility which is altered, replaced, or rebuilt which increases the total emission after the effective date of 

these regulations shall be reclassified as a “new source”.

(c)(12)

445.512 "Floating roof" defined.

"Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal floating 

cover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained and is 

equipped with a seal or seals to close the space between the edge of the roof and wall of the tank.

[Environmental Comm'n, Air Quality Reg. 1.78, eff. 12-4-76]

(c)(25)(i)(A)

445.513 "Fossil fuel" defined.

"Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such 

materials for the purpose of creating useful heat.

[Environmental Comm'n, Air Quality Reg. 1.79, eff. 12-4-76]

(c)(25)(i)(A)

445B.072

(Supersedes 

445.516)

“Fuel” defined. “Fuel” means any form of combustible matter, solid, liquid, vapor or gas which is used to generate 

energy.

 [Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 12-4-76]—(NAC A 10-22-

87)—(Substituted in revision for NAC 445.516)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.073

(Supersedes 

445.517)

“Fuel-burning equipment” defined. “Fuel-burning equipment” means:

 1. Indirect heat transfer fuel-burning equipment which is any device used for the combustion of fuel in which heat is 

transferred from the products of combustion indirectly for the production of useful heat or power.

 2. Direct heat transfer fuel-burning equipment which is any device used for the combustion of fuel in which heat is 

transferred from the products of combustion directly for the production of useful heat or power.

 [Environmental Comm’n, Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as § 1.85, 12-4-76]—(NAC A 

(c)(56)(i)(A)

71FR15040

3/27/2006
11

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

9-19-90)—(Substituted in revision for NAC 445.517)

445B.075

(Supersedes 

Article1.86)

“Fugitive dust” defined. “Fugitive dust” means emissions of solid, airborne particulate matter which could not 

reasonably pass through a stack, chimney, vent or a functionally equivalent opening.

 [Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76; A and renumbered 

as § 1.75, 10-16-80]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.520)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.077 “Fugitive emissions” defined. “Fugitive emissions” means emissions of any regulated air pollutants, including 

fugitive dust, which could not reasonably pass through a stack, chimney, vent or a functionally equivalent opening.

 [Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.080

(Supersedes 

445.525)

“Garbage” defined. “Garbage” means putrescible animal or vegetable refuse.

 [Environmental Comm’n, Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89, 12-4-76]—(Substituted in 

revision for NAC 445.525)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.084 “Hazardous air pollutant” defined. “Hazardous air pollutant” has the meaning ascribed to it in NRS 445B.140.

(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5305)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.086

(Superseded 

445.533)

“Incinerator” defined. “Incinerator” means an engineered apparatus capable of withstanding heat and designed to 

efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which the residues contain little 

or no combustible material.

 [Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98, 12-4-76]—(Substituted in 

revision for NAC 445.533)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.536 "Lead" defined.

"Lead" means elemental lead or alloys in which the predominant component is lead.

[Environmental Comm'n, Air Quality Reg. 1.101, eff. 12-4-76; A and renumbered as 1.98, 8-28-79]

(c)(25)(i)(A)

445B.091

(Superseded 

445.537)

“Local air pollution control agency” defined. “Local air pollution control agency” means any city, county or district 

air pollution control agency approved by the Commission.

 [Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 12-4-76; A and renumbered 

as § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537)

(c)(56)(i)(A)

71FR15040

3/27/2006

1-

Definitions:

No. 2-

LAER

“Lowest achievable emission rate” means the emission rate for any source for which an environmental evaluation must 

be prepared which reflects:

a. The most stringent emission rate in the approve implementation plan of any state for any class or category or 

source, unless the owner or operator of the source demonstrates that such an emission limitation is not achievable; 

or

b. The most stringent emission limitation which is achieved in practice by such class or category or source, 

whichever is more stringent so long as it is not less stringent than the emission rate allowed by any applicable 

emission standard established in these regulations.

(c)(16)(i)

1.104 Major stationary source. Any building, structure, facility, or installation which emits or may emit any air contaminant (c)(12)
12

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

and which contains one or a combination of the following:

1. affected facilities;

2. existing facilities;

3. facilities of the type for which no new source performance standards have been promulgated Article 16.

445B.095

(Superseded 

445.542)

“Malfunction” defined. “Malfunction” means any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part 

by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown 

are not considered malfunctions.

 [Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—

(Substituted in revision for NAC 445.542)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.097 “Maximum allowable throughput” defined. “Maximum allowable throughput” means:

 1. The maximum process weight allowed through a continuous or long-run steady-rate operation, per hour; or

 2. For cyclical or batch unit operations or unit processes, the total process weight for a 1-hour period.

 If any process, operation or the design of any equipment permits more than one interpretation of this section, the 

interpretation which results in the lesser value of allowable emissions applies.

 (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.5435)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.109 Modification. Any physical change in, or change in the method of operation of, an existing facility which increases the 

amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in 

the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted.

(c)(12)

445B.103

(Superseded 

445.548)

“Monitoring device” defined. “Monitoring device” means the total equipment used to measure and record emissions 

and process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 

445B.601, inclusive, or as a condition of an operating permit.

 [Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-

11-96)—(Substituted in revision for NAC 445.548)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.111 Motor vehicle. Every self-propelled vehicle in, upon, or by which any person or property is, or may be transported or 

drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary 

rails.

(c)(12)

445B.106

(Superseded 

445.549)

“Multiple-chamber incinerator” defined. “Multiple-chamber incinerator” means any article, machine, equipment 

contrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three or 

more refractory lined combustion furnaces in series, physically separated by refractory walls and interconnected by gas 

passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material 

to be burned.

 [Environmental Comm’n, Air Quality Reg. § 1.39, eff. 11-7-75; renumbered as § 1.113, 12-4-76]—(Substituted in 

revision for NAC 445.549)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.114 New source. Equipment, machines, devices, articles, contrivances, or facilities built or installed on or after the (c)(12)
13

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

effective date of these regulations.

4454B.109

(Superseded 

445.552)

“Nitrogen oxides” defined. “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by test 

methods approved by the EPA.

 [Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted 

in revision for NAC 445.552)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.112 “Nonattainment area” defined. “Nonattainment area” means, for any regulated air pollutant, an area:

 1. Which is shown by monitored data or is calculated by air quality modeling or any other method determined by 

the Administrator to be reliable, to exceed any national standard of ambient air quality for the regulated air pollutant;

 2. Which is designated as a nonattainment area by the Governor; and

 3. Which is promulgated as a nonattainment area by the Administrator.

 [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.113 “Nonroad engine” defined. “Nonroad engine” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that section 

existed on December 31, 1997.

 (Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.1135 “Nonroad vehicle” defined. “Nonroad vehicle” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that section 

existed on December 31, 1997.

 (Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.116

(Superseded 

445.555)

“Odor” defined. “Odor” means a characteristic of a regulated air pollutant which makes it perceptible to the sense of 

smell.

 [Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 12-4-76]—(NAC A 10-30-

95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.119

(Superseded 

445.556)

“One-hour period” defined. “One-hour period” means any 60-minute period.

 [Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for 

NAC 445.556)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.121

(Superseded 

445.557)

“Opacity” defined. “Opacity” means the property of a substance tending to obscure vision and measured in terms of 

percent obscuration. The relationship between opacity and Ringelmann number is approximately equal to the following 

in shades of white to gray. 

 Opacity Ringelmann

 (Percent) Number

 

 20............................................................... 1

 40.............................................................. 2

 60.............................................................. 3

 80.............................................................. 4

(c)(56)(i)(A)

71FR15040

3/27/2006
14

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

 100.............................................................. 5 

 [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 12-4-76]—(Substituted in 

revision for NAC 445.557)

445B.122

(Superseded 

445.558)

“Open burning” defined. “Open burning” means any fire from which the products of combustion are emitted into the 

atmosphere without passing through a stack or chimney.

 [Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76]—(Substituted in 

revision for NAC 445.558)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.559 "Operating permit" defined.

"Operating permit" means a document issued and signed by the director approving, with or without restrictions, the 

operation of a new or existing single source of air contaminants.

[Environmental Comm'n, Air Quality Reg. 1.46, eff. 11-7-75; renumbered as 1.122, 12-4-76]

(c)(25)(i)(A)

445B.125

(Superseded 

445.560)

“Ore” defined. “Ore” means a natural combination of minerals from which a metal can be extracted.

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted in revision for NAC 445.560)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.127

(Superseded 

445.561)

“Owner or operator” defined. “Owner or operator” means any person who owns, leases, operates, controls or 

supervises an affected facility or a stationary source of which an affected facility is a part.

 [Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.561)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.129

(Superseded 

445B.562)

“Particulate matter” defined. “Particulate matter” means any material except uncombined water that exists in a 

finely divided form as a liquid or solid at reference conditions.

 [Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 12-4-76]—(Substituted in 

revision for NAC 445.562)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.130

(Superseded 

445.563)

“Pathological wastes” defined. “Pathological wastes” means human and animal remains consisting of carcasses, 

organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar stationary sources.

 [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC A 10-30-

95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.134

(Superseded 

445.564)

“Person” defined. “Person” has the meaning ascribed to it in NRS 0.039 and includes the State of Nevada, political 

subdivisions, administrative agencies and public or quasi-public corporations.

[Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 12-4-76]—(NAC A by 

R151-06, 9-18-2006)

(c)(62)(i)(A)(1)

72FR19801

4/20/2007

445.565 "Petroleum" defined.

"Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.

[Environmental Comm'n, Air Quality Reg. 1.127, eff. 12-4-76]

(c)(25)(i)(A)

445B.135 “PM10” defined. “PM10” means any particulate matter in the atmosphere with an aerodynamic diameter less than or (c)(56)(i)(A)
15

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

equal to a nominal 10 micrometers as measured by an approved reference method or equivalent method based on 40 

C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53.

 (Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted in revision for NAC 445.5655)

71FR15040

3/27/2006

1.131 Point source. Any stationary source causing emission in excess of 23 metric tons (25 tons) per year of any pollutant for 

which there is ambient air standard, or without regard to amount of emission, stationary sources such as those listed in 

40 CFR 51, Appendix C.

(c)(12)

445.570

(proposed)

"Portland cement plant" defined. 

"Portland cement plant" means any facility manufacturing portland cement by either the wet or dry process.

[Environmental Comm'n, Air Quality Reg. 1.132, eff. 12-4-76]

(c)(25)(i)(A)

445.574 "Precious metal" defined.

"Precious metal" means a metal of the gold, silver or platinum metal group.

[Environmental Comm'n, Air Quality Reg. Art. 1, § 1, eff. 1-25-79; A 8-28-79]

(c)(25)(i)(A)

445.575 "Precious metal processing plant" defined.

"Precious metal processing plant" means a facility which is primarily engaged in crushing, screening, grinding, 

handling, loading, transferring or storing any precious metal or precious metal ore.

[Environmental Comm'n, Air Quality Reg. Art. 1, § 2, eff. 1-25-79; A 8-28-79]

(c)(25)(i)(A)

445B.144

(Superseded 

445.581)

“Process equipment” defined. “Process equipment” means any equipment used for storing, handling, transporting, 

processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.601, 

inclusive, as fuel-burning equipment or incinerators.

 [Environmental Comm’n, Air Quality Reg. § 1.52, eff. 11-7-75; renumbered as § 1.140, 12-4-76]—(Substituted in 

revision for NAC 445.581)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.145

(Superseded 

445.584)

“Process weight” defined. “Process weight” means the total weight of all materials introduced into an emission unit 

including solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion 

of the fuel.

 [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and renumbered 

as § 1.140, 8-28-79]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.585 "Process weight rate" defined.

"Process weight rate" means a rate established as follows:

1. For continuous or long-run steady-rate operations, the total process weight for the entire period of continuous 

operation or for a typical portion thereof, divided by the number of hours of the period or portions thereof.

2. For cyclical or batch unit operations or unit processes, the total process weight for a period that covers a complete 

operation or an integral number of cycles divided by the number of hours of actual process operation during such a 

period.

3. Where the nature of any process or operation or the design of any equipment is such as to permit more than one

interpretation of this section, the interpretation that results in the minimum value of allowable emission applies.

(c)(25)(i)(A)
16

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

[Environmental Comm'n, Air Quality Reg. 1.51-1.51.3, eff. 11-7-75; renumbered as 1.144, 12-4-76; A and 

renumbered as 1.141, 8-28-79]

445B.151

(Superseded 

445.589)

“Reference conditions” defined. “Reference conditions” means that all measurements of ambient air quality are 

corrected to a reference temperature of 77°F (25°C) and to a reference pressure of 29.92 inches (760 millimeters, 

1,013.2 millibars) of mercury.

 [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A and 

renumbered as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.589)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.152

(Superseded 

445.590)

“Reference method” defined. “Reference method” means any method of sampling and analyzing for a regulated air 

pollutant as described in Appendix A of 40 C.F.R. § 60.

 [Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A 

10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.592 "Registration certificate" defined.

"Registration certificate" means a document issued and signed by the director certifying that:

1. Adequate empirical data for a single source has been received and constitutes approval of location; or

2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 to 

445.711, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with and 

constitutes approval of location and for construction.

[Environmental Comm'n, Air Quality Reg. 1.55, eff. 11-7-75; renumbered as 1.151, 12-4-76; A and renumbered as 

1.147, 8-28-79]

(c)(25)(i)(A)

445B.153 “Regulated air pollutant” defined. “Regulated air pollutant” means:

 1. Nitrogen oxides or any volatile organic compounds;

 2. Any pollutant subject to:

 (a) A national ambient air quality standard and any constituents or precursors for such pollutants identified by the 

Administrator;

 (b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411; or

 (c) A standard established pursuant to NAC 445B.22097;

 3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or

 4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutant regulated 

under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent or 

precursor of an air pollutant listed pursuant to 42 U.S.C. § 7408.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R096-05, 10-31-2005)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008

445.597 "Roaster" defined.

"Roaster" means:

1. Any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate 10 percent or 

more of the sulfur contained in the charge; or

2. Any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate 5 percent 

(c)(25)(i)(A)
17

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

or more of the sulfur contained in the charge.

[Environmental Comm'n, Air Quality Reg. 1.156-1.157, eff. 12-4-76]

445B.161

(Superseded 

445.599)

“Run” defined. “Run” means the net period of time during which an emission sample is collected. Unless otherwise 

specified, a run may be either intermittent or continuous within the limits of good engineering practice.

 [Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision for NAC 445.599)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.163

(Superseded 

445.601)

“Salvage operation” defined. “Salvage operation” means any operation conducted in whole or in part for the 

salvaging or reclaiming of any product or material.

 [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 12-4-76]—(Substituted in 

revision for NAC 445.601)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.167

(Superseded 

Article 1.166)

“Shutdown” defined. “Shutdown” means the cessation of operation of an affected facility for any purpose.

 [Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision for NAC 445.606)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.168

(Superseded 

445.612)

“Single-chamber incinerator” defined. “Single-chamber incinerator” means an incinerator with one chamber that 

serves for ignition, combustion and ash removal of a design approved by the Division of Environmental Protection of 

the State Department of Conservation and Natural Resources.

 [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and renumbered as § 1.94.1, 8-28-

79]—(Substituted in revision for NAC 445.612)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.171 Single source. All similar process operations located at a single premise which can technically and economically be 

replaced by a single process that performs the same function. Two or more pieces of equipment or processes that 

handle different materials or produce dissimilar products will be treated separately.

(c)(12)

445B.172 

(Superseded 

445.617)

“Six-minute period” defined. “Six-minute period” means any one of the 10 equal parts of a 1-hour period.

 [Environmental Comm’n, Air Quality Reg. § 1.175, eff. 12-4-76]—(Substituted in revision for NAC 445.617)

(c)(66)(i)(A)

73FR19144

4/9/2008

445.618 "Slag" defined.

"Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metal from its 

ore.

[Environmental Comm'n, Air Quality Reg. 1.176, eff. 12-4-76]

(c)(25)(i)(A)

445B.174

(Superseded 

445.621)

“Smoke” defined. “Smoke” means small particles consisting predominantly, but not exclusively, of carbon, ash or 

other combustible material, resulting from incomplete combustion.

 [Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 12-4-76]—(Substituted in 

revision for NAC 445.621)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.176

(Superseded 

445.622)

“Solid waste” defined. “Solid waste” means refuse, more than 50 percent of which is municipal type waste consisting 

of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and 

noncombustible materials such as glass and rock.

 [Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.622)

(c)(56)(i)(A)

71FR15040

3/27/2006
18

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

445B.177

(Superseded 

Article 1.181)

“Source” defined. “Source” has the meaning ascribed to it in NRS 445B.155.

 [Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 12-4-76]—(NAC A 10-30-

95)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.182 Special mobile equipment. Every vehicle not designed or used primarily for the transportation of persons or property 

and only incidentally operated or moved upon a paved roadway.

(c)(12)

45B.180

(Superseded 

445.624)

“Stack” and “chimney” defined. “Stack” or “chimney” means any flue, conduit or duct which conducts a regulated 

air pollutant to the atmosphere.

 [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 12-4-76]—(NAC A 10-14-

82; 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.182

(Superseded 

Article 1.185)

“Standard” defined. “Standard” means a standard of performance that is proposed or promulgated by the 

Administrator or the Director pursuant to NAC 445B.001 to 445B.735, inclusive.

 [Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-94)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.185

(Superseded 

445.627)

“Start-up” defined. “Start-up” means the setting in operation of an affected facility for any purpose.

 [Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.627)

(c)(56)(i)(A)

71FR15040

3/27/2006

1.187 Stationary source. Any building, structure, facility, or installation which emits or may emit any air pollutant and which 

contains any one or combination of the following;

1. affected facilities;

2. existing facilities;

3. facilities of the type for which no standards have been promulgated.

(c)(12)

445B.190 

(Superseded 

445.630)

“Stop order” defined. “Stop order” means a written notice by the Director served on a person or persons requiring 

such persons to cease the activity that the Director, pursuant to NAC 445B.277, has determined is in violation of any 

provision of NAC 445B.001 to 445B.3791, inclusive, an applicable requirement or any condition of an operating 

permit.

 [Environmental Comm’n, Air Quality Reg. § 1.63, eff. 11-7-75; renumbered as § 1.184, 12-4-76]—(NAC A 12-13-

93)

(c)(66)(i)(A)

73FR19144

4/9/2008

445.633 "Submerged fill pipe" defined.

"Submerged fill pipe" means:

1. Any fill pipe, the discharge opening of which is entirely submerged when the liquid level is 6 inches (15 cm) above 

the bottom of the tank; or

2. When applied to a tank which is loaded from the side, any fill pipe, the discharge of which is entirely submerged 

when the liquid level is two times the diameter of the fill pipe above the bottom of the tank.

[Environmental Comm'n, Air Quality Reg. 1.64, eff. 11-7-75; renumbered as 1.191, 12-4-76]

(c)(25)(i)(A)

445B.198

(Superseded 

“Uncombined water” defined. “Uncombined water” means visible mist or condensed water vapor.

 [Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 12-4-76; A and renumbered 

(c)(56)(i)(A)

71FR15040
19

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

445.647) as § 1.200, 8-28-79]—(Substituted in revision for NAC 445.647) 3/27/2006

445.649 "Violation" defined.

"Violation" means any incident of excess emissions, regardless of the circumstances of the occurrence.

[Environmental Comm'n, Air Quality Reg. 1.203, eff. 8-28-79]

(c)(25)(i)(A)

445B.202

(Superseded 

445.650)

“Volatile organic compounds” defined. “Volatile organic compounds” has the meaning ascribed to it in 40 C.F.R. § 

51.100(s), as incorporated by reference in NAC 445B.221.

 [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11-7-75; renumbered as § 1.208, 12-4-76; A and renumbered 

as § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.650)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.205

(Superseded 

445.651)

“Waste” defined. “Waste” means useless, unneeded, or superfluous matter or discarded or excess material.

 [Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 12-4-76; A and renumbered 

as § 1.205, 8-28-79]—(Substituted in revision for NAC 445.651)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.207

(Superseded 

445.653)

“Wet garbage” defined. “Wet garbage” means a combination of waste and garbage which contains more than 50 

percent moisture.

 [Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 12-4-76; A and renumbered 

as § 1.207, 8-28-79]—(Substituted in revision for NAC 445.653)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.209 “Year” defined. “Year” means any consecutive 365-day period.

 (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.6535)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.211

(Partially 

supersedes 

445.655; 

revisions to 

this section 

will be 

finalized 

when EPA 

has 

completed 

all action on 

NDEP’s 

ASIP update 

submittal)

Abbreviations. The abbreviations used in NAC 445B.001 to 445B.3497, inclusive, have the following meanings:

BACT............................................................... best available control technology

Btu.................................................................... British thermal unit

C.F.R................................................................ Code of Federal Regulations

CO2.................................................................. carbon dioxide

°F..................................................................... degree Fahrenheit

Hg..................................................................... mercury

H2S................................................................... hydrogen sulfide

lb...................................................................... pound

NO................................................................... nitric oxide

NOx................................................................. nitrogen oxides

O2..................................................................... oxygen

ppm.................................................................. parts per million

SO2................................................................... sulfur dioxide

VOC................................................................. volatile organic compound 

 [Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as § 1.209, 8-28-79]—(NAC A 

(c)(56)(i)(A)

71FR15040

3/27/2006
20

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

10-15-85; R105-97, 3-5-98; R040-01, 10-25-2001; R125-04, 9-24-2004)

General Provisions

445B.220 

(Superseded 

445.660)

Severability. If any of the provisions of NAC 445B.001 to 445B.3791, inclusive, or any application thereof to any 

person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or 

their application, that can be given effect without the invalid provision or application.

 [Environmental Comm’n, Air Quality Reg. § 2.1.1, eff. 11-7-75]—(NAC A by R105-97, 3-5-98; R189-05, 5-4-

2006; R154-06, 11-13-2006, eff. 1-1-2007)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.22017

(Superseded

445.721)

Visible emissions: Maximum opacity; determination and monitoring of opacity.

 1. Except as otherwise provided in this section and NAC 445B.2202, no owner or operator may cause or permit the 

discharge into the atmosphere from any emission unit which is of an opacity equal to or greater than 20 percent. 

Opacity must be determined by one of the following methods:

 (a) If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 9 in 

Appendix A of 40 C.F.R. Part 60.

 (b) If a source uses a continuous monitoring system for the measurement of opacity, the data must be reduced to 6-

minute averages as set forth in 40 C.F.R. § 60.13(h).

 2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that consists of 

uncombined water. The burden of proof to establish the application of this exemption is upon the person seeking to 

come within the exemption.

 3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emission unit must be 

allowed one 6-minute period per hour of not more than 27 percent opacity as set forth in 40 C.F.R. § 60.42(a)(2) and 

40 C.F.R. § 60.42a(b).

 4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained by the 

owner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inclusive.

 [Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-79]—(NAC A 9-19-90; 

10-30-95; R118-00, 9-25-2000; R036-05, 10-31-2005, eff. 4-1-2006)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008

NAC 

445B.2202

(Superseded 

Articles 4.3, 

4.3.1-4.3.3, 

4.3.5)

Visible emissions: Exceptions for stationary sources. The provisions of NAC 445B.22017 do not apply to:

 1. Smoke from the open burning described in NAC 445B.22067;

 2. Smoke discharged in the course of training air pollution control inspectors to observe visible emissions, if the 

facility has written approval of the Commission;

 3. Emissions from an incinerator as set forth in NAC 445B.2207; or

 4. Emissions of stationary diesel-powered engines during warm-up for not longer than 15 minutes to achieve 

operating temperatures.

 [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renumbered as § 

4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; R198-03, 

4-26-2004, eff. 3-1-2006; R036-05, 10-31-2005, eff. 4-1-2006)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008
21

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

16.3.3 Standard for Opacity (c)(14)(viii)

16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which exhibit greater than 10 

percent opacity.

(c)(14)(viii)

16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed, no owner or operator subject to 

the provision of Article 16.3 shall cause to be discharged into the atmosphere from any affect facility other than the kiln 

and clinker cooler any gases which exhibit 10% opacity or greater.

(c)(14)(viii)

445.729 Process weight rate for calculating emission rates.

For purposes of NAC 445.729 to 445.737, inclusive, the process weight rate to be used to calculate allowable emission 

rates must be the weight rates for single sources.

[Environmental Comm'n, Air Quality Reg. 7.2.4, eff. 11-7-75; A 12-4-76]

(c)(25)(i)(A)

445.730 Colemanite flotation processing plants.

1. The maximum amount of particulate matter which may be emitted in an hour by any colemanite flotation processing 

plant and the formulas by which the amount will be determined are:

(a) For a crushing, screening or grinding plant, a maximum of 2.5 pounds (1.13 kilograms) per hour as calculated by: 

 E = 0.02 x 10-3P (0.04P).

(b) For a storage bin for ore or an ore product, a maximum of 0.55 pounds (0.25 kilogram) per hour as calculated by: 

 E = 0.01 x 10-3P (0.02P).

 (c) For a dryer and calciner, a maximum of 10.50 pounds (4.75 kilograms) per hour as calculated by: 

 E = 0.31 x 10-3P (0.62P).

 2. For the purposes of subsection 1:

(a) "E" means the maximum emission rate allowed in pounds (kilograms) per hour.

(b) "P" means the process weight rate in tons (kilograms) per hour.

[Environmental Comm'n, Air Quality Reg. 7.2.8.1-7.2.8.3, eff. 11-17-78]

(c)(25)(i)(A)

445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates. For purposes 

of NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allowable 

emission rates must be the maximum process weight for an emission unit.

[Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-26-91; 

R105-97, 3-5-98)—(Substituted in revision for NAC 445B.360)

(c)(56)(i)(A)(3)

72FR25972

5/8/2007

445B.2203

(Superseded

445.731)

Emissions of particulate matter: Fuel-burning equipment.

1. No person may cause or permit the emission of PM10 resulting from the combustion of fuel in fuel-burning 

equipment in excess of the quantity set forth in the following formulas:

(a) For maximum input of heat equal to or greater than 4 million Btu’s per hour, but less than or equal to 10 million 

Btu’s per hour, the allowable emission is 0.6 of a pound per million Btu’s of input of heat.

(b) For maximum input of heat greater than 10 million Btu’s per hour, but less than 4,000 million Btu’s per hour, 

the allowable emissions must be calculated using the following equation:

(c)(56)(i)(A)(3)

72FR25972

5/8/2007
22

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

Y = 1.02X -0.231

(c) For maximum input of heat equal to or greater than 4,000 million Btu’s per hour, the emission must be 

calculated using the following equation:

Y = 17.0X -0.568

2. For the purposes of paragraphs (b) and (c) of subsection 1:

(a) “X” means the maximum operating rate in million Btu’s per hour.

(b) “Y” means the allowable rate of emission in pounds per million Btu’s.

 [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbered as § 

7.1.2, 12-15-77]—(NAC A 10-15-85; 9-19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Substituted in revision for 

NAC 445B.362)

445B.22033

(Superseded 

445.732)

Emissions of particulate matter: Sources not otherwise limited.

1. Owners or operators of stationary sources not otherwise included in NAC 445B.22027 to 445B.22037, 

inclusive, shall not cause or permit PM10 to be discharged from any emission unit into the atmosphere in excess of the 

allowable emission determined by the use of the formula contained in subsection 2 or 3.

2. When the maximum allowable throughput is less than 30 tons per hour, the maximum allowable weight 

discharged per hour must be determined by using the following equation:

E = 4.10P0.67

3. When the maximum allowable throughput equals or exceeds 30 tons per hour, the maximum allowable weight 

discharged per hour must be determined by using the following equation:

E = 55P0.11- 40

4. For the purposes of subsections 2 and 3:

(a) “E” means the maximum rate of emission in pounds per hour.

(b) “P” means the maximum allowable throughput in tons per hour.

[Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 10-22-87; 

9-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363)

(c)(56)(i)(A)(3)

72FR25972

5/8/2007

445B.22037

(Superseded

Emissions of particulate matter: Fugitive dust.

1. No person may cause or permit the handling, transporting or storing of any material in a manner which allows 

(c)(56)(i)(A)(3)

72FR25972
23

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

445.734) or may allow controllable particulate matter to become airborne.

2. Except as otherwise provided in subsection 4, no person may cause or permit the construction, repair, 

demolition, or use of unpaved or untreated areas without first putting into effect an ongoing program using the best 

practical methods to prevent particulate matter from becoming airborne. As used in this subsection, “best practical 

methods” includes, but is not limited to, paving, chemical stabilization, watering, phased construction and revegetation.

3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land or its 

topsoil until he has obtained an operating permit for surface area disturbance to clear, excavate, or level the land or to 

deposit any foreign material to fill or cover the land.

4. The provisions of subsections 2 and 3 do not apply to:

(a) Agricultural activities occurring on agricultural land; or

(b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which occur on land which is 

not less than 5 acres or more than 20 acres.

[Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77]—

(NAC A 9-19-90; 12-26-91; 12-13-93; 10-30-95)—(Substituted in revision for NAC 445B.365)

5/8/2007

7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the first barite grinding mill of 

Milchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weight determined by the 

use of the equation in paragraph (b), whichever is less:

 (a) Emissions of 5.6 kilograms (12.4 pounds) per hour.

 (b) Emissions determined by the equation E = 0.0084 P0.67 (E = 1.79 P0.67), where

 P = Process weight rate in kilograms (tons) per hour.

 E = Emission allowed in kilograms (pounds) per hour.

(c)(22)(ii)

445.808 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, 

screening, grinding, handling, transferring, concentrating, refining and storing crude barite.

 2. No owner or operator may cause or permit the emission of particulate matter in excess of the following:

 (a) IMCO Services’ barite grinding mill in Battle Mountain in Air Quality Region 147, Humboldt River Basin, Basin 

59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of 

crude barite processed.

 (b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, Humboldt 

River Basin, Basin 55, Carico Lake Valley:

 (1) For primary crushing of barite ore, 0.015 pounds per short ton (0.0075 kilograms per metric ton) of barite ore 

processed.

 (2) For secondary crushing or screening of barite ore, 0.035 pounds per short ton (0.0175 kilograms per metric ton) 

of barite ore processed.

 (c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, Humboldt River 

Basin, Basin 59, Lower Reese River Valley:

 (1) For grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed.

(c)(26)(i)(A)
24

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

 (2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispensed.

 3. No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a barite 

grinding mill.

 4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production rates and 

hours of operation of the mill and shall comply with all requirements for notification and recordkeeping in NAC 

445.660 to 445.700 inclusive.

 5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference Methods of 40 

C.F.R. Part 60, apply to barite grinding mills. 

[Environmental Comm’n, Air Quality Reg. 16.27, eff. 1-25-79; A 8-28-79; 12-3-80; 8-17-81; 16.27.2, eff. 1-25-79; A 

8-28-79; 8-17=81; 16.27.1.1-16.27.4 eff. 8-17-81; 16.27.4, eff. 1-25-79; NAC A 10-19-83]

.

445.816 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, 

screening, grinding, handling, transferring, concentrating, refining and storing any precious metals or precious metal 

ore.

 2. No operator may permit the emission of particulate matter in excess of the following:

 (d) Freeport Gold Company’s processing plant for precious metal in Air Quality Control Region 147, Basin 44, 

North Fork area:

 (1) For crushing, screening, grinding, handling and transferring any precious metal or precious metal ore, 0.04 

lb/short ton (0.02 kg/metric ton) of precious metal ore processed.

 (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 

kg/metric ton).

 3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity from a 

single source of a processing plant for precious metal. 

 4. The owner and the operator of any processing plant for precious metal shall record the yearly production rate and 

hours of operation for each source of particulate matter to which an emission standard applies.

 5. All tests must be performed in accordance with Appendix A of 40 C.F.R. Part 60. 

[Environmental Comm’n, Air Quality Reg. 16.26, eff. 1-25-79; A 8-28-79; 11-21-79; 12-20-79; 4-18-80; 16.26.1., eff. 

1-25-79; 16.26.1.1, eff. 1-25-79; 8-28-79; 4-18-80; 16.26.1.2, eff. 1-25-79; A 4-18-80; 16.26.1.3-16.26.1.6, eff. 4-18-

80; 16.26.1.7, eff. 4-18-80; A 8-17-81; 16.26.1.8; eff. 16.32.2, eff. 12-20-79; renumbered as 16.26.1.3, 4-18-80; NAC 

A 7-29-82; 10-19-83]

(c)(26)(i)(A)

8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds caused by the combustion of fuel in 

excess of the quantity set forth in the following table:

Heat input, millions of Maximum sulfur emission,

British thermal units per hour pounds per hour 

 10........................................................7.

 100......................................................70.

 1,000....................................................105.

(c)(14(vii)
25

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

10 ,000..................................................1050.

100,000................................................10500.

8.2.2 For purposes of Article 8, “sulfur emission” means the sulfur portion of the sulfur compounds emitted. (c)(14(vii)

445B.2204

(Superseded 

445.742)

“Sulfur emission” defined. For purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” means the 

sulfur portion of the sulfur compounds emitted.

 [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 12-4-76; A and 

renumbered as § 8.2.2, 12-15-77]—(Substituted in revision for NAC 445B.370)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.22043

(Superseded 

445.743)

Sulfur emissions: Calculation of total feed sulfur. For the purposes of NAC 445B.2204 to 445B.2205, inclusive, 

total feed sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose products 

of combustion and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes, 

roasters, converters, or other similar devices are used for converting ores, concentrates, residues, or slag to the metal or 

the oxide of the metal either wholly or in part, the combined sulfur input of all units must be used to determine the 

allowable emission.

 [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(NAC A by R125-04, 9-24-2004)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008

445B.22047

(Superseded 

Article 8.2, 

8.2.1.1 and 

8.2.1.2)

Sulfur emissions: Fuel-burning equipment. 

 1. No person may cause or permit the emission of compounds of sulfur caused by the combustion of fuel in fuelburning equipment in excess of the quantity calculated by the use of the formula in subsection 2 or 3.

 2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per hour, the allowable 

emission must be calculated by the use of the following equation: 

Y = 0.7X

For the purposes of this subsection:

 (a) “X” means the maximum operating input of heat in millions of Btu’s per hour.

 (b) “Y” means the allowable rate of emission of sulfur in pounds per hour.

 3. Where an emission unit has a maximum input of heat equal to or greater than 250 million Btu’s per hour, the 

allowable emission of sulfur must be calculated by the use of the following equations: 

Liquid fuel Y = 0.4X 

Solid fuel Y = 0.6X 

Combination Fuel L (0.4X) + S (0.6X)

L + S

For the purposes of this subsection:

(c)(56)(i)(A)

71FR15040

3/27/2006

Y=
26

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

 (a) “X” means the maximum input of the operation in millions of Btu’s per hour.

 (b) “Y” means the allowable rate of emissions of sulfur in pounds per hour.

 (c) “L” means the percentage of total input of heat derived from liquid fuel.

 (d) “S” means the percentage of total input of heat derived from solid fuel.

 [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered as § 

8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as § 8.2.3, 12-4-76; 

renumbered as § 8.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-

95; R105-97, 3-5-98; R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373)

445B.2205

(Superseded 

445.746)

Sulfur emissions: Other processes which emit sulfur. 

 1. No person may cause or permit the emission of sulfur compounds where the sulfur originates in the material 

being processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the quantity 

determined by the following equation:

E = 0.292P0.904

when “E” is equal to or greater than 10 pounds per hour. When “E” is less than 10 pounds per hour, the gas stream 

concentration must not exceed 1,000 ppm by volume.

 2. For the purposes of subsection 1:

 (a) “E” means the allowable sulfur emission in pounds per hour.

 (b) “P” means the total feed sulfur, excluding hydrogen sulfide, in pounds per hour.

 3. When sulfur emissions are due to sulfur contributions from both the fuel and the material being processed, the 

allowable emissions must be the sum of those allowed by this section and NAC 445B.22047.

 4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compounds are 

exempt from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the provisions of NAC 

445B.22027 to 445B.22037, inclusive, and 445B.287 to 445B.3497, inclusive.

 [Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75]—(NAC A 9-5-84; 9-19-90; 12-26-91; 12-13-

93; 10-30-95; 5-3-96; R105-97, 3-5-98; R125-04, 9-24-2004)

(c)(66)(i)(A)(3)

73FR 19144

4/09/2008

445B.22067

(Superseded 

Article 5.1, 

5.2, 5.2.1, 

5.2.2, 5.2.3, 

5.2.4, 5.2.5 

and 5.3)

Open burning. 

 1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, except as 

specifically exempted, is prohibited.

 2. Open burning:

 (a) For the purpose of weed abatement, conservation, disease control, game or forest management, personnel 

training or elimination of hazards is allowed if:

 (1) Approved in advance by the Director; or

 (2) Authorized by an officer of the State of Nevada or its political subdivisions and concurred in by the Director.

 (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in advance 

(c)(56)(i)(A)

71FR15040

3/27/2006
27

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

by the Director.

 (c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or regulations.

 (d) Is allowed at single-family residences located in all areas of the State except in and within 1 mile of the 

boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, 

Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and 

Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the 

Carson City line.

 (e) Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Mountain, 

Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, 

McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson 

City and in those portions of Lyon County that are within 1 mile of the Carson City line if:

 (1) Authorized by an officer of the State of Nevada or its political subdivisions;

 (2) Concurred in by the Director; and

 (3) Not specifically prohibited by local ordinances or regulations.

 (f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes.

 3. All open burning must be attended and controlled at all times to eliminate fire hazards.

 [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75; A 5-8-77]—(NAC A by R237-03, 4-15-2004)

445B.2207

(Superseded 

445.754)

Incinerator burning. 

 1. Except as otherwise provided in subsection 6:

 (a) Burning in any incinerator other than the multiple-chamber type is prohibited.

 (b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible emission which is of an 

opacity equal to or greater than 20 percent is prohibited.

 2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture content material must be 

high temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auxiliary 

heating unit to ensure temperatures of 1400°F (760°C) for not less than 0.3 of a second. The hearth must be frequently 

cleaned at regular intervals to prevent buildup of residues and deposits.

 3. The rated burning capacity, operating and maintenance procedures approved by the Director must be posted 

conspicuously at or near the incinerator.

 4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may not exceed

1.8 lb/ton of dry refuse charged.

 5. Allowable PM10 emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity must be 

calculated using the following equation: 

E = 0.6 (40.7 x 10-5C) 

For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM10 in pounds per hour 

(c)(56)(i)(A)

71FR15040

3/27/2006
28

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

and “C” means the rate of charge of dry refuse in pounds per hour.

 6. Single-chamber incinerators may be used at single-family residences, in all areas of the State, except in and 

within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko 

Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, 

Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 

mile of the Carson City line, unless otherwise prohibited by local ordinances or regulations.

 [Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6.4-6.6.2, 

eff. 11-7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004)

445B.22083 Construction, major modification or relocation of plants to generate electricity using steam produced by burning of 

fossil fuels. 

 1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major modification to an existing 

plant or construct a new plant to generate electricity using steam produced by the burning of fossil fuels within:

 (a) The Las Vegas Valley, Hydrographic Area 212;

 (b) The El Dorado Valley, Hydrographic Area 167;

 (c) The Ivanpah Valley, Hydrographic Areas 164 a and 164 b; or

 (d) The city limits of Boulder City.

 2. Fossil fuel-fired power generating units Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power 

generating unit Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and must comply with the 

provisions of NAC 445B.001 to 445B.3689, inclusive.

 3. If an emission unit is relocated to Ivanpah Valley:

 (a) The previously used emission unit must be deactivated and removed from the previous site when the relocated 

unit begins operation.

 (b) Any credit for reduced emission is not available as an offset credit.

 4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by 

reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n, eff. 9-4-92; A 3-29-94; R096-05, 10-31-2005)

(c)(67)(i)(A)(1)

73FR20536

4/16/2008

445B.2209

(Superseded 

445.845)

Reduction of animal matter. 

 1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prohibited 

unless all gases, vapors and gas-entrained effluents are:

 (a) Incinerated at temperatures of not less than 1400°F (760°C) for not less than 0.3 second; 

 2. This section does not apply to any machine, equipment or other contrivance used exclusively for the processing 

of food for human consumption.

 [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for NAC 

445B.394)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.22093 Organic solvents and other volatile compounds. 

 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manure must be 

(c)(66)(i)(A)(3)

73FR 19144
29

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

(Superseded

445.846 and 

Articles 

9.2,

9.2.1,

9.2.1.1 and

9.2.1.2)

processed, stored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, 

leak, escape or be otherwise discharged into the ambient air causing or contributing to air pollution. If methods of 

control are available and feasible effectively to reduce the contribution to air pollution from evaporation, leakage or 

discharge, as determined by the Director, the installation and use of such methods, devices or equipment for control is 

mandatory.

 2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capacity equal 

to or greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compound 

having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage 

conditions unless the tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all 

times to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following devices properly 

installed, in good working order, and in operation:

 (a) A floating roof which consists of a pontoon type or double-deck roof which rests on the surface of the liquid 

contents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon or a 

vapor dome designed in accordance with accepted standards of the petroleum industry. This control equipment is not 

permitted if the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square 

meter) or greater under actual conditions. All gauging and sampling devices for tanks must be gastight except when 

gauging or sampling is taking place.

 (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and vapors to the 

atmosphere.

 3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensively 

remodeled on or after November 7, 1975, must be equipped with a submerged fill pipe for the control of emissions.

 4. All facilities for dock loading of products consisting of petroleum or other volatile organic compounds having a 

vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have facilities 

for submerged filling by a submerged fill pipe for the control of emissions.

 [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC A 10-19-83; R096-05, 10-31-2005)

4/09/2008

445B.22097

(Superseded 

445.843)

Standards of quality for ambient air. 

 1. The table contained in this section lists the minimum standards of quality for ambient air.

NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING 

TIME

CONCENTRATION

C

METHOD

D

PRIMARYC,

E

SECONDARY

C, F

METHODD

Ozone 1 hour 0.12 ppm 

(235 μg/m3)

Ultraviolet 

absorption

0.12 ppm 

(235 μg/m3)

Same as 

primary

Chemilumin

escence

(c)(56)(i)(A)

71FR15040

3/27/2006
30

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

Ozone-Lake 

Tahoe Basin, 

#90

1 hour 0.10 ppm 

(195 μg/m3)

Ultraviolet 

absorption

-- -- --

Carbon 

monoxide 

less than 

5,000′ above 

mean sea 

level

8 hours

9 ppm

(10,500 μg/m3)

Nondispersive 

infrared 

photometry

9 ppm

(10 mg/m3) None

Nondispersive 

infrared 

photometry

At or greater

than 5,000′ 

above mean 

sea level

6 ppm

(7,000 μg/m3)

Carbon 

monoxide at 

any elevation

1 hour 35 ppm

(40,500 μg/m3)

35 ppm 

(40 mg/m3)

Nitrogen 

dioxide

Annual 

arithmetic

mean

0.053 ppm

(100 μg/m3)

Gas phase 

chemilumi

nescence

0.053 ppm

(100 μg/m3)

Same as 

primary

Gas phase 

chemilumi

nescence

Sulfur dioxide

Annual 

arithmetic 

mean

0.030 ppm

(80 μg/m3)

Ultraviolet

Fluorescence

0.030 ppm

None

Spectrophoto

metry

(Pararosaniline 

method)

24 hours 0.14 ppm

(365 μg/m3)

0.14 ppm

3 hours 0.5 ppm

(1,300 μg/m3)

None 0.5 ppm

Particulate 

matter

as PM10

Annual 

arithmetic 

mean

50 μg/m3 High 

volume 

PM10

sampling

50 μg/m3

Same as 

primary

High volume

PM10

sampling

24 hours 150 μg/m3150 μg/m3

Lead (Pb)

Quarterly 

arithmetic

mean

1.5 μg/m3

High 

volume 

sampling, 

acid 

extraction

1.5 μg/m3 Same as 

primary

High 

volume 

sampling, 

acid 

extraction 
31

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

and atomic 

absorption 

spectrometry

and

atomic 

absorption

spectrometry

Hydrogen 

sulfide

1 hour 0.08 ppm

(112 μg/m3)

G

Ultraviolet

Fluorescence-- -- --

Notes:

Note A: The Director shall use the Nevada standards in considering whether to issue a permit for a stationary source 

and shall ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where the 

general public has access.

Note B: These standards, other than for ozone, particulate matter, and those based on annual averages, must not be 

exceeded more than once per year. The 1-hour ozone standard is attained when the expected number of days per 

calendar year with a maximum hourly average concentration above the standard is equal to or less than one. The PM10

24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration 

above the standard, rounded to the nearest 10 μg/m3, is equal to or less than one. The expected number of days per 

calendar year is generally based on an average of the number of times the standard has been exceeded per year for the 

last 3 years. The National standards are to be used in determinations of attainment or nonattainment.

Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurements of air 

quality that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to a 

reference temperature of 25°C and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this table refers 

to parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “μg/m3” refers to micrograms 

per cubic meter.

Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference method or equivalent 

method designated in accordance with 40 C.F.R. Part 53 may be substituted.

Note E: National primary standards are the levels of air quality necessary, with an adequate margin of safety, to protect 

the public health. 

Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from any 

known or anticipated adverse effects of a regulated air pollutant.

Note G: The ambient air quality standard for hydrogen sulfide does not include naturally occurring background 

concentrations.

 2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in this 

section to protect the existing quality of Nevada’s air to the extent that it is economically and technically feasible.

 [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A 
32

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NAC A 10-19-83; 9-5-84; 12-26-91; 

10-30-95; R103-02, 12-17-2002; R198-03, 4-26-2004)

445B.225

(Superseded 

445.663)

Prohibited conduct: Concealment of emissions. No person may install, construct or use any device which conceals 

any emission without reducing the total release of regulated air pollutants to the atmosphere.

 [Environmental Comm’n, Air Quality Reg. § 2.2.1, eff. 11-7-75]—(NAC A 10-22-87; 10-30-95)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.227 

(Superseded

445.664)

Prohibited conduct: Operation of source without required equipment; removal or modification of required 

equipment; modification of required procedure. Except as otherwise provided in NAC 445B.001 to 445B.3497, 

inclusive, no person may:

1. Operate a stationary source of air pollution unless the control equipment for air pollution which is required by 

applicable requirements or conditions of the permit is installed and operating.

2. Disconnect, alter, modify or remove any of the control equipment for air pollution or modify any procedure required 

by an applicable requirement or condition of the permit.

 [Environmental Comm’n, Air Quality Reg. § 2.2.2, eff. 12-15-77]—(NAC A 10-14-82; 10-15-85; 8-22-86; 

10-22-87; 3-29-94, eff. 1-11-96; 10-30-95

(c)(56)(i)(A)

73FR19144

4/9/2008

445B.229

(Superseded 

445.665)

Hazardous emissions: Order for reduction or discontinuance. Without limiting the authority of any state officer to 

declare or to act on an emergency, the Director or local air pollution control agency, upon determining that a 

generalized condition of air pollution exists or that the emission from one or more stationary sources of regulated air 

pollutants is causing a danger to human health or safety, may order persons causing or contributing to the air pollution 

to immediately reduce or discontinue all emission of contaminants.

 [Environmental Comm’n, Air Quality Reg. § 2.4.1, eff. 11-7-75]—(NAC A 10-30-95)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.230

(Superseded 

445.666)

Plan for reduction of emissions.

1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric tons) or more per year of a 

regulated air pollutant from a stationary source shall prepare and submit to the Director a plan for reducing or 

eliminating that emission in accordance with the episode stages of alert, warning, and emergency as defined in the 

applicable state implementation plan.

2. Any person required to have an operating permit who is able to cause or permit the emission of less than 100 

tons (90.7 metric tons) per year of a regulated air pollutant shall, upon written notice from the Director, prepare and 

submit to the Director a plan for reducing or eliminating that emission in accordance with the episode stages of alert, 

warning, and emergency as defined in the applicable state implementation plan.

3. The written notice required under subsection 2 must be transmitted in accordance with subsection 4 to all 

persons who are within the same classification of sources as defined in the Standard Industrial Classification Manual, 

adopted by reference in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tons (90.7 

metric tons) per year of a regulated air pollutant.

4. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by 

(c)(62)(i)(A)(1)

72FR19801

4/20/2007
33

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

registered or certified mail to the last known address of the person.

 [Environmental Comm’n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75]—(NAC A 10-30-95; R125-04, 9-24-2004; 

R151-06, 9-18-2006)

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissions of air 

contaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated by the 

director as being favorable for atmospheric ventilation.

2. The director must be notified in writing of the time and expected duration at least 24 hours in advance of any 

scheduled maintenance or repairs which may result in excess emissions of air contaminants prohibited by NAC 445.430 

to 445.846, inclusive.

3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, or upset of 

process or pollution control equipment or during startup of such equipment. Phone (702) 885-4670.

4. The owner or operator of an affected facility shall provide the director, within 15 days after any malfunction, 

breakdown, upset, startup or human error sufficient information to enable the director to determine the seriousness of 

the excess emissions. The submission must include as a minimum:

(a) The identity of the stack and other emission point or either of them where the excess emissions occurred.

(b) The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable emission 

limitation and the operating data and methods used in estimating the magnitude of the excess emissions.

(c) The time and duration of the excess emissions.

(d) The identity of the equipment causing the excess emissions.

(e) If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction and the steps taken 

or planned to prevent the recurrence of the malfunctions.

(f) The steps taken to limit the excess emissions.

(g) Documentation that the air pollution control equipment, process equipment or processes were at all times 

maintained and operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing 

emissions.

[Environmental Comm'n, Air Quality Reg. 2.5.1-2.5.3, eff. 11-7-75; A 8-28-79; 2.5.4, eff. 11-7-75; 2.5.4.1-2.5.4.7, 

eff. 8-28-79]

(c)(25)(i)(A)

2.5 Scheduled Maintenance, Testing, and Breakdown or Upset

2.5.4 (EPA proposed to 

remove using 110(k)(6) 

authority 12/18/06)

Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal operations, 

shall not be considered a violation of these regulations.

(c)(11)

445B.250

(Superseded 

Art. 2.16.1)

Notification of planned construction or reconstruction. Any owner or operator subject to the provisions of NAC 

445B.001 to 4445B.3689, inclusive, shall furnish the Director written notification of:

 1. The date that construction or reconstruction of an affected facility is commenced, postmarked no later than 30 

(c)(67)(i)(A)(1)

73FR20536

4/16/2008
34

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

days after such date. This requirement does not apply in the case of mass-produced facilities which are purchased in 

completed form.

 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60 days and not less than 

30 days before such date.

 3. The actual date of initial start-up of an affected facility, postmarked within 15 days after such date.

 4. The date upon which demonstration of the continuous monitoring system performance commences in accordance 

with NAC 445B.256 to 445B.267, inclusive. Notification must be postmarked not less than 30 days before such date.

 [Environmental Comm’n, Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-

30-95; R105-97, 3-5-98; R096-05, 10-31-2005)

445B.252

(Superseded 

445.682)

Testing and sampling. 

1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the approval or the continuance of an 

operating permit or similar class of permits, the director may either conduct or order the owner of any stationary source to 

conduct or have conducted such testing and sampling as the director determines necessary. Testing and sampling or either of 

them must be conducted and the results submitted to the director within 60 days after achieving the maximum rate of 

production at which the affected facility will be operated, but not later than 180 days after initial start-up of the facility and 

at such other times as may be required by the director. 

2. Tests of performance must be conducted and data reduced in accordance with the methods and procedures of the test 

contained in each applicable subsection of this section unless the director: 

(a) Specifies or approves, in specific cases, the use of a method of reference with minor changes in methodology; or 

(d) Waives the requirement for tests of performance because the owner or operator of a stationary source has demonstrated 

by other means to the director’s satisfaction that the affected facility is in compliance with the standard. 

3. Tests of performance must be conducted under such conditions as the director specifies to the operator of the plant based 

on representative performance of the affected facility. The owner or operator shall make available to the director such 

records as may be necessary to determine the conditions of the test of performance. Operations during periods of start-up, 

shutdown and malfunction must not constitute representative conditions of a test of performance unless otherwise specified 

in the applicable standard. 

4. The owner or operator of an affected facility shall give notice to the director 30 days before the test of performance to 

allow the director to have an observer present. A written testing procedure for the test of performance must be submitted to 

the director at least 30 days before the test of performance to allow the director to review the proposed testing procedures. 

5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run 

must be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining 

compliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, 

failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less 

than three valid samples being obtained, compliance may be determined using the arithmetic mean of the results of the other 

two runs upon the director’s approval. 

7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent 

(c)(67)(i)(A)

73FR20536

4/16/2008
35

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

allied facilities as may be required and specified in writing by the director must be provided and paid for by the owner of the 

stationary source. 

8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and as to 

their compliance with all provisions of these regulations, and copies of these results must be provided to the director no later 

than 60 days after the testing or sampling, or both. 

9. Notwithstanding the provisions of subsection 2, the Director shall not approve an equivalent method or alternative 

method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the 

Code of Federal Regulations for: 

(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal 

Regulations; or 

(b) An affected source. 

[Environmental Comm’n, Air Quality Reg. §§ 2.6.1-2.6.4, eff. 11-7-65; A 12-4-76; §§ 2.6.5-2.6.9, eff. 12-4-76]—

(NAC A 10-15-85; 10-22-87; 10-30-95; R065-03, 10-30-2003)

445B.256

(Superseded

Art.2.17.10

and 

2.17.10.1

Monitoring systems: Calibration, operation and maintenance of equipment. The owners or operators of all 

stationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to install, 

calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified 

in Appendix P for the applicable source category. Those stationary sources must meet the basic requirements of 

Appendix P of 40 C.F.R. § 51(2.0 et seq.).

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.257

(Superseded

Art. 2.17.6

and 2.17.7)

Monitoring systems: Location.

1. All continuous monitoring systems or monitoring devices must be installed so that representative measurements 

of emissions or process parameters from the affected facility are obtained. Additional procedures for location of 

continuous monitoring systems are contained in the applicable Performance Specifications of Appendix B of 40 C.F.R. 

§ 60.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in revision for NAC 

445.684)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.258

(Superseded 

445.685)

Monitoring systems: Verification of operational status.

2. All continuous monitoring systems and monitoring devices must be installed and operational before conducting 

performance tests under NAC 445B.252. Verification of operational status must, as a minimum, consist of the 

following:

(a) For continuous monitoring systems referred to in subsection 2 of NAC 445B.259, completion of the 

conditioning period specified by applicable requirements in Appendix B of 

40 C.F.R. Part 60.

(b) For continuous monitoring systems referred to in NAC 445B.260, completion of 7 days of operation.

(c) For monitoring devices referred to in NAC 445B.256 to 445B.267, inclusive, completion of the manufacturer’s 

(c)(62)(i)(A)(1)

72FR19801

4/20/2007
36

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

written requirements or recommendations for checking the operation or calibration of the device.

[Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)

445B.259

(Superseded 

445.686)

Monitoring systems: Performance evaluations.

1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such other 

times as may be required by the Director under § 114 of the Act, the owner or operator of any affected facility shall 

conduct continuous evaluations of the performance of monitoring systems and furnish the Director within 60 days 

thereof two or upon request more copies of a written report of the results of such tests. These evaluations must be 

conducted in accordance with the specifications and procedures provided in this section and NAC 445B.260.

2. Except as provided in NAC 445B.260, continuous monitoring systems listed within this subsection must be 

evaluated in accordance with the requirements and procedures contained in the applicable performance specification of 

Appendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring:

(a) Opacity of emissions must comply with Performance Specification 1.

(b) Nitrogen oxides emissions must comply with Performance Specification 2.

(c) Sulfur dioxide emissions must comply with Performance Specification 2.

(d) The oxygen and carbon dioxide content of effluent gases must comply with Performance Specification 3.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)

(c)(62)(i)(A)(1)

72FR19801

4/20/2007

445B.260

(Superseded 

445.687)

Monitoring systems: Components contracted for before September 11, 1974.

1. Except as otherwise provided in subsection 2, an owner or operator who, before September 11, 1974, entered 

into a binding contractual obligation to purchase specific continuous monitoring system components shall comply with 

the following requirements:

(a) Continuous monitoring systems for measuring opacity of emissions must be capable of measuring, with a 

confidence level of 95 percent, emission levels within 20 percent of the mean value of the data obtained using the 

applicable reference method set forth in terms of the units of the emission standard. The calibration drift test and 

associated calculation procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 60 must be 

used for demonstrating compliance with this specification.

(b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be capable of 

measuring , with a confidence level of 95 percent, emission levels within 20 percent of the mean value of the data 

obtained using the applicable reference method set forth in terms of the units of the emission standard. The calibration 

drift test, the relative accuracy test and associated operating and calculation procedures set forth in Performance 

Specification 2 in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating compliance with this specification.

2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6, 

1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the Director.

3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessary, with 

new continuous monitoring systems, and such improved systems must be demonstrated to comply with applicable 

performance specifications under NAC 445B.259 by September 11, 1979.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-77]—(NAC A by R151-06, 

(c)(62)(i)(A)(1)

72FR19801

4/20/2007
37

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

9-18-2006)

445B.261

(Superseded 

445.688)

Monitoring systems: Adjustments. Owners or operators of all continuous monitoring systems installed in 

accordance with the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span drift at least 

once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturer 

recommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and span 

must, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable 

performance specifications in Appendix B of 40 C.F.R. § 60 are exceeded.

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77]—(Substituted in revision for 

NAC 445.688)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.262

(Superseded 

445.689)

NOTE: 

NAC 

445B.262 

was given a 

limited 

approval/li

mited 

disapproval 

and EPA 

recommend

s that 

Nevada 

revise the 

deficient 

provisions 

to exclude 

the 

Director’s 

discretion 

conditions.

Monitoring systems: Measurement of opacity.

1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent 

gases must be cleaned before performing the zero or span drift adjustments, except that for systems using automatic 

zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compensation exceeds 4 

percent opacity. Unless otherwise approved by the director, the following procedures, as applicable, must be followed:

(a) For extractive continuous monitoring systems measuring gases, minimum procedures must include introducing 

applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero 

gases certified by their manufacturer to be traceable to National Institute of Standards and Technology reference gases 

must be used whenever these reference gases are available. The span and zero gas mixtures must be the same 

composition as specified in Appendix B of 40 C.F.R. Part 60. Every 6 months after the date of manufacture, span and 

zero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NO, and 3 for 

O2and CO2, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by 

the manufacturer.

(b) For nonextractive continuous monitoring systems measuring gases, minimum procedures include upscale 

checks using a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. 

The zero check may be performed by computing the zero value from upscale measurements or by mechanically 

producing a zero condition.

(c) For continuous monitoring systems measuring opacity of emissions, minimum procedures include a method for 

producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density 

filter or other related technique to produce a known obscuration of the light beam. These procedures must provide a 

system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector 

assembly.

2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or 

alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of 

Title 40 of the Code of Federal Regulations for: 

(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of 

(c)(56)(i)(A)

71FR71486

12/11/2006
38

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

Federal Regulations; or 

(b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1, eff. 12-4-76; A 12-15-77; §§ 

2.17.4.2 & 2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003) 

445B.263

(Superseded 

445.690)

Monitoring systems: Frequency of operation. Except for system breakdowns, repairs, calibration checks, and zero 

and span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous operation 

and meet minimum frequency of operation requirements as follows:

1. All continuous monitoring systems referred to in NAC 445B.259 and 445B.260 for measuring opacity of 

emissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each 

successive 10-second period.

2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, sulfur 

dioxide, carbon dioxide or oxygen must complete a minimum of one cycle of operation (sampling, analyzing and data 

recording) for each successive 15-minute period.

3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a minimum of 

one cycle of operation (sampling, analyzing and data recording) for each successive 1-hour period.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76]—(Substituted in revision for NAC 

445.690)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.264

(Superseded 

445.691)

Monitoring systems: Recordation of data. 1. Owners or operators of all continuous monitoring systems for the 

measurement of opacity shall reduce all data to 6-minute averages and for systems other than opacity to 1-hour 

averages.

2. For systems other than opacity, 1-hour averages must be computed from four or more data points equally spaced 

over each 1-hour period.

3. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments 

must not be included in the data averages computed under this section. An arithmetic or integrated average of all 

calibrated data must be used. The data output of all continuous monitoring systems may be recorded in reduced or 

nonreduced form, e.g., ppm pollutant and percent O2or lb/million Btu of pollutant.

4. All excess emissions must be converted into units of the standard using the applicable conversion procedures 

specified in NAC 445B.001 to 445B.3497, inclusive. After conversion into units of the standard, the data may be 

rounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., rounded 

to the nearest 1 percent opacity.

5. As used in this section, “calibrated data” means data which is precise and accurate within a stated acceptance 

criteria for the instrument.

[Environmental Comm’n, Air Quality Reg. § 2.17.8, eff. 12-4-76]—(NAC A 10-22-87; R118-00, 9-25-2000)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.265

(Superseded 

Monitoring systems: Records; reports.

1. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain records of 

(c)(56)(i)(A)

71FR71486
39

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

445.692) the occurrence and duration of any start-up, shutdown or malfunction in the operation of an affected facility and any 

malfunction of the air pollution control equipment or any periods during which a continuous monitoring system or 

monitoring device is inoperative.

2. Each owner or operator required to install a continuous monitoring system shall submit a written report of excess 

emissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day following the 

end of each calendar quarter and must include the following information:

(a) The magnitude of excess emissions computed in accordance with NAC 445B.256 to 445B.267, inclusive, any 

conversion factors used, and the date and time of commencement and completion of each time period of excess emissions.

(b) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns and malfunctions 

of the affected facility.

(c) The nature and cause of any malfunction, if known, the corrective action taken or preventative measures adopted.

(d) Specific identification of each period during which the continuous monitoring system was inoperative, except for 

zero and span checks, and the nature of any repairs or adjustments that were made.

When no excess emissions have occurred and the continuous monitoring system has not been inoperative, repaired or 

adjusted, such information must be included in the report.

3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all 

measurements, including:

(a) Continuous monitoring systems, monitoring devices and performance testing measurements;

(b) All continuous monitoring system performance evaluations;

(c) All continuous monitoring systems or monitoring device calibration checks;

(d) Adjustments and maintenance performed on these systems or devices; and

(e) All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form suitable for 

inspection.

The file must be retained for at least 2 years following the date of the measurements, maintenance, reports and records.

[Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 7-2-84)—(Substituted in 

revision for NAC 445.692)

12/11/2006

445B.267

(Superseded 

445.693)

NOTE: 

NAC 

445B.267 

was given a 

limited 

approval/li

Alternative monitoring procedures or requirements.

1. Upon written application by an owner or operator, the director may approve alternatives to any monitoring 

procedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but not limited to, the following:

(a) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device 

specified by those sections would not provide accurate measurements due to liquid water or other interferences caused 

by substances with the effluent gases.

(b) Alternative monitoring requirements when the affected facility is infrequently operated.

(c) Alternative monitoring requirements to accommodate continuous monitoring systems that require additional 

measurements to correct for stack moisture conditions.

(d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or 

(c)(56)(i)(A)

71FR71486

12/11/2006
40

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

mited 

disapproval 

and EPA 

recommend

s that 

Nevada 

revise the 

deficient 

provisions 

to exclude 

the 

Director’s 

discretion 

conditions.

operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.

(e) Alternative methods of converting regulated air pollutant concentration measurements to units of the standards.

(f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases 

or test cells.

(g) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedures 

specified by any provision of NAC 445B.256 to 445B.267, inclusive.

(h) Alternative continuous monitoring systems that do not meet the design or performance requirements in 

Performance Specification 1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a definite and consistent 

relationship between their measurements and the measurements of opacity by a system complying with the requirements 

in Performance Specification 1. The director may require that such demonstration be performed for each affected 

facility.

(i) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent 

from two or more affected facilities are released to the atmosphere through more than one point.

2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or 

alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of 

Title 40 of the Code of Federal Regulations for: 

(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of 

Federal Regulations; or 

(b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.9-2.17.9.7, eff. 12-4-76; § 2.17.9.8, eff. 12-4-76; A 12-15-77]—

(NAC A 10-30-95; R065-03, 10-30-2003)

445B.275

(Superseded

445.696)

Violations: Acts constituting; notice.

 1. Failure to comply with any requirement of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement 

or any condition of an operating permit constitutes a violation. As required by NRS 445B.450, the Director shall issue a 

written notice of an alleged violation to any owner or operator for any violation, including, but not limited to:

 (a) Failure to apply for and obtain an operating permit;

 (b) Failure to construct a stationary source in accordance with the application for an operating permit as approved by 

the Director;

 (c) Failure to construct or operate a stationary source in accordance with any condition of an operating permit;

 (d) Commencing construction or modification of a stationary source without applying for and receiving an operating 

permit or a modification of an operating permit as required by NAC 445B.001 to 445B.3497, inclusive, or a mercury 

operating permit to construct as required by NAC 445B.3611 to 445B.3689, inclusive;

 (e) Failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification 

contained in an operating permit; or

 (f) Failure to pay fees as required by NAC 445B.327 or 445B.3689.

 2. The written notice must specify the provision of NAC 445B.001 to 445B.3791, inclusive, the condition of the 

(c)(66)(i)(A)

73FR19144

4/9/2008
41

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

operating permit or the applicable requirement that is being violated.

 3. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by 

registered or certified mail to the last known address of the person.

 [Environmental Comm’n, Air Quality Reg. §§ 2.3.1 & 2.9.5-2.9.7, eff. 11-7-75; + § 13.1.8, eff. 11-7-75; A 12-15-

77]—(NAC A 8-22-86; 10-22-87; 12-8-89; 12-13-93; 10-30-95; R103-02, 12-17-2002; R189-05, 5-4-2006)

445B.277

(Superseded 

445.697)

Stop orders. 

 1. The Director shall issue a stop order if:

 (a) The proposed construction, installation, alterations or establishment will not be in accordance with the provisions 

of the plans, specifications and other design material required to be submitted as part of the application for an operating 

permit and approved by the Director as a condition of the operating permit; or

 (b) The design material or the construction itself is of such a nature that it patently cannot bring the stationary source 

into compliance with NAC 445B.001 to 445B.3791, inclusive.

 2. A stop order may be issued at any time by the Director upon his determination that there has been a violation of 

any of the provisions of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any condition of the 

operating permit.

 3. A person served with a stop order:

 (a) Shall immediately stop all activities specified in the stop order.

 (b) May apply for its revocation at any time, setting forth the facts upon which he believes that the reasons for the 

issuance of the stop order no longer exist. If the Director finds that the reasons for the issuance of the stop order no 

longer exist, he shall withdraw the order promptly. If the Director finds that the reasons for the issuance of the stop 

order still exist, or that other reasons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written 

statement of his reasons for so finding.

 [Environmental Comm’n, Air Quality Reg. §§ 3.3.1-3.3.5, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; 

10-30-95; R189-05, 5-4-2006)

(c)(66)(i)(A)

73FR19144

4/9/2008

2.11.7 Judicial review may be had of the granting or denial of a variance as provided in [Chapter 445 of the] Nevada Revised 

Standards.

NOTE: Added back into ASIP after conversation with Jeff Wehling 7/2/2009. However, cannot locate this provision in 

EPA’s draft “Notebook” format of Nevada’s ASIP, 2/15/11.

445.694 Emission discharge information.

Emission discharge information, as correlated to mass emission rates or ambient air quality regulations related to all 

registration certificates and operating permits, will be maintained by the director as public information at 201 South 

Fall Street, Capitol Complex, Carson City, Nevada 89710.

[Environmental Comm'n, Air Quality Reg. 3.1.9.1, eff. 11-7-75; A 12-4-76] 

(c)(25)(i)(A)

445.699 Violations: Administrative fines.

1. Any violation of NAC 445.430 to 445.846, inclusive, except NAC 445.622 and 445.721 to 445.724, inclusive, as 

they pertain to the internal combustion engine, is subject to an administrative fine levied by the commission or an 

(c)(25)(i)(A)
42

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

approved local control agency of not more than $5,000 per violation.

2. Unless otherwise provided, all violations are classified as major violations and a fine up to $5,000 per occurrence

may be levied.

3. Violations of NAC 445.734, 445.753, 4445.754, 445,844 and 445.846 are classified as minor or lesser violations, 

unless there are four or more violations of any one of those sections by a person, occurring within a period of 12 

consecutive months.

4. The schedule for fines for minor violations is as follows:

First Offense Second Offense Third Offense

NAC 445.753, open burning $25 $50 $100

NAC 445.754, incinerator burning,

 equal to or less than 25 lbs (11 kg) per hour 25

 50 100

 greater than 25 lbs (11 kg) per hour 50 100

 200

NAC 445.734, fugitive dust 50 100 200

NAC 445.846, organic solvents and other volatile 

compounds 50 100 200

NAC 445.844, odors 50 100 200

5. All minor violations become major violations upon the occurrence of the fourth violation within a period of 12 

consecutive months.

 [Environmental Comm’n, Air Quality Reg. §§ 2.8.1-2.8.4, eff. 11-7-75; A 12-4 76]

445.764 Reduction of employees' pay because of use of system prohibited.

If the owner or operator of a source uses a supplemental or intermittent control system, or other control system 

designed to vary with atmospheric conditions, for the purpose of meeting the requirements of an order issued pursuant 

to § 113(d) or 119 which relates to primary nonferrous smelters in the Act, he may not temporarily reduce the pay of 

any of his employees because of his use of that system.

[Environmental Comm'n, Air Quality Reg. 14.1, eff. 8-17-81]

(c)(25)(i)(A)

Operating Permits Generally

3.1.6 Application forms for requesting the issuance of either a registration certificate or an operating permit can be obtained 

from the Director

(c)(11)

445.704 Registration certificates and operating permits required.

1. Unless exempted under NAC 445.705:

(a) A registration certificate and an operating permit are required for all new sources. 

(b) An existing single source requires only an operating permit.

2. Registration certificates and operating permits for single sources may be issued through an approved local air 

pollution control program.

(c)(25)(i)(A)
43

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

3. Registration certificates and operating permits are nontransferable as to location, owner or equipment. A 

replacement registration certificate or operating permit may be issued with the identical conditions upon change of 

ownership or name of source for the effective time remaining on the original certificate or permit by filing a request for 

replacement with the director on the application form provided by him accompanied by the appropriate fee.

[Environmental Comm'n, Air Quality Reg. 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; 3.1.9, eff. 11-7-75; A 12-4-76]

445.705 Exemptions.

 The following existing and new single sources do not require either registration certificates or operating permits:

1. Air-conditioning equipment or fuel-burning equipment having a rating of less than 4,000,000 Btu's (1,000,000 

kg-cal) per hour.

2. Motor vehicles, special mobile equipment and internal combustion engines.

3. Residential and commercial housekeeping vacuum systems.

4. Incinerators with less than 25 lb (11 kg) per hour rated burning capacity.

5. Agricultural land use.

6. Storage containers for gasoline, petroleum distillate or other volatile organic compounds having a capacity of less 

than 40,000 gallons (150 kiloliters).

7. Equipment or contrivances used exclusively for the processing of food for human consumption.

8. Disturbing topsoil of less than 20 acres (8 hectares).

9. Process weight rates of less than 50 lb (23 kg) per hour.

[Environmental Comm'n, Air Quality Reg. 3.1.8, eff. 11-7-75]

(c)(25)(i)(A)

445.706 Application date; payment of fees.

1. A United States registered or certified postmark date establishes the official date of all applications for registration 

certificates and operating permits.

[Environmental Comm'n, Air Quality Reg. 3.1.4 & 3.1.7, eff. 11-7-75]

(c)(25)(i)(A)

445.707 Registration certificates: Prerequisite; application; fee; issuance, denial; expiration.

1. A separate registration certificate is required for each new or modified single source. A valid registration certificate 

must be obtained before the commencement of construction or alteration of any single source of air contaminant.

2. Requests for the issuance of a registration certificate or the replacement of a lost or damaged registration certificate 

with the appropriate fee must be submitted to the director on the application form provided by him. The fee for each 

initial registration certificate, its replacement, or renewal is $10.

3. Within 5 working days after receiving an application for registration the director shall determine if any additional 

information is needed. Within 15 days after receiving adequate information the director shall make a preliminary 

determination to issue or deny a registration certificate. The director shall give preliminary notice of his intent to issue

or deny a registration certificate for a single source within 15 days after receiving adequate information for reviewing 

the registration application.

4. The application, the director's review and preliminary intent to issue or deny must be made public and maintained 

on file with the director during normal business hours at 201 South Fall Street, Carson City, Nevada, and in the air 

(c)(25)(i)(A)
44

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

quality region where the source is located at a site specified in a prominent advertisement by the director for 30 days to 

enable public participation and comment. All comments on the director's review and preliminary intent for issuance or 

denial must be submitted in writing to the director within 30 days after the public announcement.

5. Within 75 days after receiving adequate information, pursuant to NAC 445.708 to 445.711, inclusive, the director 

shall issue or deny a registration certificate. The director shall make his decision by taking into account written public 

comments on the director's review and preliminary intent for issuance or denial, project proponent submittal and the 

effect of such a facility on the maintenance of the ambient air quality standards contained in NAC 445.843 and the 

control strategy contained in the air quality plan.

6. A registration certificate only expires if construction of a new or modified source is not commenced within 1 year 

from the date of issuance thereof or construction of the facility is delayed for 1 year after initiated.

[Environmental Comm'n, Air Quality Reg. 3.2.1, eff. 11-7-75; A 12-4-76; 3.2.2, eff. 11-7-75; A 12-15-77; 8-28-79; 

3.2.3 & 3.2.4, eff. 11-7-75; 3.2.5, eff. 11-7-75; A 12-4-76; 3.2.6, eff. 11-7-75; + 13.1.2, eff. 11-7-75; A 12-4-76; 

8-28-79]

445.712 Operating permits: Prerequisite; application; fee; issuance, denial; posting.

 1. A separate operating permit is required for each new or existing single source. Possession of a valid registration 

certificate is a prerequisite to obtaining the initial operating permit for a new source.

2. Application for the issuance of an initial operating permit must be submitted in writing to the director on the exact 

form provided by him and with the appropriate fee prior to the date of the proposed initial operation of the source. The 

fee for each initial operating permit is $50.

3. An operating permit must be granted if the director finds from a stack emission test or other appropriate test and 

other relevant information that use of the source will not result in any violation of the air quality regulations or 40 

C.F.R. Parts 60 and 61, New Source Performance Standards and National Emission Standards for Hazardous Air 

Pollutants.

4. A denial of an application for an operating permit must be accompanied by a statement of the reasons therefor, and 

if the director has relied in his decision upon information not contained in the application, the statement of reasons must 

identify and state the substance of such information.

5. Operating permits must be posted conspicuously at or near the single source.

[Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.2, 3.4.3, 3.4.5 ~ 3.4.6, eff. 11-7-75; 3.4.7, eff. 11-7-75; A 

8-28-79]

(c)(25)(i)(A)

445.713 Operating permits: Renewal.

1. Operating permits must be renewed 5 years after the date of issuance.

2. Requests for the renewal of an operating permit must be submitted, in writing, to the director with the appropriate 

fee at least 30 calendar days prior to the expiration date of the current permit.

3. The fee for each renewed operating permit is $50.

[Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.4 & 3.4.8, eff. 11-7-75]

(c)(25)(i)(A)

445.714 Operating permits: Replacement of lost or damaged permits. (c)(25)(i)(A)
45

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

1. Requests for the replacement of a lost or damaged operating permit must be made, in writing, to the director with 

the appropriate fee within 30 calendar days after the date of its loss or destruction.

2. The fee for the replacement of a lost or damaged operating permit is $10.

[Environmental Comm'n, Air Quality Reg. 3.4.9 & 3.4.12, eff. 11-7-75]

445.715 Operating permits: Revocation.

1. An operating permit may be revoked if the control equipment is not operating.

2. An operating permit may be revoked by the director upon determining that there has been a violation of NAC 

445.430 to 445.846, inclusive, or 40 C.F.R. Parts 60 or 61, New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants.

3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit must be 

surrendered immediately unless a hearing is requested.

4. The fee for reissuing an operating permit that has been revoked or allowed to expire is $100.

[Environmental Comm'n, Air Quality Reg. 3.4.10, eff. 11-7-75; A 8-28-79; 3.4.13 & 3.4.14, eff. 11-7-75]

(c)(25)(i)(A)

445.716 Operating permits: Change of location.

Requests for change of location must be made in writing to the director with a $2 fee for each operating permit at least 

30 calendar days prior to the operation of the source at the new location. The source must not be operated at the new 

location until the director approves of the location.

[Environmental Comm'n, Air Quality Reg. 3.4.11, eff. 11-7-75; A 12-15-77]

(c)(25)(i)(A)

13.1 General Provisions for the Review of New Sources (c)(16)(viii)

13.1.1 Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit to the 

Director an environmental evaluation and any other information the Director may deem necessary to make an 

independent air quality impact assessment.

(c)(16)(viii)

13.1.3 The Director shall not issue a registration certificate for any point source if:

1. The environmental evaluation submitted by the application shows or if the Director determines, in accordance with 

the provisions of this Article, that the point source:

a. Will prevent the attainment and maintenance of the State or national ambient air quality standards; 

b. Will cause a violation of the applicable control strategy contained in the approved Air Quality Implementation 

Plan; or

c. Will cause a violation of 40 CFR Parts 60 and 61, New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants;

2. The source is located in any designated nonattainment area and:

a. The lowest achievable emission rate for each nonattainment pollutant from the source is not defined and adopted 

as an emission limitation for the source;

b. Any other source within this state which is owned, operated or controlled by the applicant is not in compliance 

or on a schedule of compliance with these regulations and all other applicable emission limitations or variances 

(c)(18)(i)
46

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

as provided in NRS 445.506 to 445.521, inclusive;

c. The total allowable emissions of each nonattainment pollutant from (1) the existing sources in the area, (2) those 

sources in the area which have received their respective registration certificates and (3) the proposed source will 

not be sufficiently less, by the time the proposed source is to commence operation, than the total emissions from 

(1) the existing sources and (2) those sources in the area which have received their respective registration 

certificates before the proposed source makes application for its registration certificate, so that reasonable 

further progress is achieved;

d. The emissions from the source will cause or contribute to emission levels which exceed the allowance permitted 

for such a pollutant for the nonattainment area.

13.1.4 The Director may impose any reasonable conditions on his approval, including conditions requiring the source owner 

or operator to conduct ambient air quality monitoring at the facility site for a reasonable period to commencement of 

construction or modification, and for any specified period after the source has commenced operation.

(c)(16)(viii)

13.1.5 Where a proposed source located on contiguous property is constructed or modified in increments which individually 

are not subject to review as provided in this Article, as such increments occurring since the effective date of this Article 

shall be added together for determining the applicability of this Article.

(c)(16)(viii)

13.1.6 Approval and issuance of a registration certificate to any source construction or modification shall not affect the 

responsibilities of the owner or owners to comply with any other portion of the control strategy

(c)(16)(viii)

13.1.7 Any source or proposed facility shall, upon written application to the Director, receive within thirty (30) days a written 

notice of his determination, either requiring the submittal of an environmental evaluation or exempting the source from 

such requirement.

(c)(16)(viii)

13.2 A user of any of the following new single sources or modifications to an existing single source which would cause 

increases to existing single sources as specified below shall submit an evaluation with its application or applications for 

registration:

(c)(16)(viii)

13.2.1 Any single source which is allowed an emission of an air contaminant of greater than 10.5 kilograms (23 pounds) per 

hour.

(c)(16)(viii)

13.2.2 Any combination of single sources located at a single premise which is allowed emission of an air contaminant of 

greater than 10.5 kilograms (23 pounds) per hour

(c)(16)(viii)

13.2.3 Any single source, upon written notice from the Director. (c)(16)(viii)

13.3 Environmental Evaluation: (c)(16)(viii)

13.3.1 The environmental evaluation required for new or modified sources, as determined by this Article or as required by the 

Director, shall include the following:

(c)(16)(viii)

13.3.1.1 An environmental evaluation shall contain a careful and detailed assessment of the environmental aspects of a proposed 

source and shall contain the following information:

a. The name and address of the applicant.

b. The name, address, and location of the source.

(c)(16)(viii)
47

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 CFR

§ 52.1470

Subpart DD Article # NAC #

c. A description of the proposed source, including the normal hours of operation of the facility and the general 

types of activities to be performed therein.

d. A map showing the location of the source and the topography of the area, including existing principal streets, 

roads, and highways within three miles of the source.

e. A site plan showing the location and height of buildings on the site.

f. Where approval is sought for sources to be constructed in incremental phases, the information required by 

Article 13.3.1.1 shall be submitted for each phase of the construction project.

g. Any additional information or documentation that the Director deems necessary to determine the air quality 

impact of the source, including the submission of measured air quality data at the proposed site prior to 

construction or modification.

13.3.1.2 An environmental evaluation shall contain adequate environmental safeguards to be implemented by the applicant to 

provide for the maintenance of acceptable air quality and shall consider:

a. Ambient air concentrations before, during and after construction empirically calculated with recognized methods 

as approved by the Director; or, in the case of existing ambient air concentrations, they may be measured with 

approved methods at approved site locations for not less than one year. Estimates shall be empirically 

determined for ambient air concentration immediately contiguous to the facility and at the point of predicted 

maximum concentration within the surrounding region.

b. Diffusion models used to determine the location and estimated value of highest air contaminant concentration 

shall contain:

1. Assumptions and premises;

2. Evaluation at the recorded most adverse meteorological conditions in the last 100 years;

3. Evaluation at the recorded most adverse meteorological conditions in the last year;

4. Geographic area considered in the evaluation;

5. Dispersion equations;

6. Predicted contaminant buildup;

7. Location, type, and amount of emissions;

8. Meteorological information.

c. Alternate proposals which could be implemented as conditions of approval.

d. Other probable environmental effects before, during, and after construction shall be considered in the narrative 

portion of the evaluation.

(c)(16)(viii)