# MARCH 03, 1994

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted March 3, 1994, Effective March 29, 1994

LCB File No. R015-94; Petition 94008

Appears as NAC 445B.520 in the Petition.

NAC 445 B. 075 “Fugitive dust” defined. ( NRS 445B.210 ) “Fugitiv e du st” m eans em issions of solid, airborne particulate m a tter which could no t reasonably pass through a stack, chimney, vent or a functionally equivalent opening. [Environm ental Comm’n, Air Quality Re g

. § 1.30, eff. 11-7-75; renum bered 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 f o r NAC 445.520)

Appears as NAC 445B.548 in the Petition.

NAC 445 B. 103 “Monitoring device” defined. ( NRS 445B.210 ) “Monitoring device” m eans the to tal equ i pm ent used to m easure and record em issions and process param e ters 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 perm it. [Environm ental 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)— ( Subs titu ted in revis i on for NAC 445.548)

Appears as NAC 445B.552 in the Petition.

NAC 445B. 109 “Nitrogen oxides” defined. ( NRS 445B.210 ) “Nitrogen oxides” m eans all oxides of nitrogen except nitrous oxide, as m easured by test m e thods approved by the EPA. [Environm ental Comm ’n, Air Qualit y Reg. § 1.116, eff. 12-4-76] —(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision f o r NAC 445.552)

Sec. 3. of Petition 94008 subsequently codified as;

NAC 445 B. 178 “Source reduction ” defined. ( NRS 445B.210 )

1. “Source reduction” m eans any practice which reduces: (a) The amount of a regulated air pollutant o r pollutants, including fug itiv e em issio n s, em itted

to the am bient air before the appl ication of control equipm ent; and (b) The hazards to public health and the environm ent associated w ith the emission of th e regulated air pollutant or pollutants.

2. The term includes m odifications of equipm ent or technology, modi fications of procedure

or process, reform ulation or red e sign of products, su bstitu tion o f raw m a t e rials, an d

im prove m e nts in housekeeping, m a intenance, training or cont rol of inventory.

3. The term does not include any practice w h ich alters the physical, chem ical or biological

characteristics or the volum e of the regulated air pollutant through a process or activity which is not integral to and necessary for the p r oduction of a product o r the prov isio n of a service. (Added to NAC by Environm ental Comm ’n, e ff. 3-29-94)—(Substituted in revision for NAC 445.6235)

Appears as NAC445B.625 in the Petition.

NAC 445 B. 182 “Standard” defined. ( NRS 445B.210 ) “Sta ndard” m eans a standard of perform a nce that is proposed or promulgated by the Adm i nistrato r or the Directo r pursuant to
NAC 445B.001 to 445B.735 , inclusive.

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

Appears as NAC 445B.650 in the Petition.

NAC 445B.202 “Volatile organic compounds” defined. ( NRS 445B.210 ) “Volatile organic

com pounds” has the meaning ascribed to it in 40 C.F.R. § 51.100(s), as incorporated by

reference in NAC 445B.221

. [Environm ental Comm ’n, Air Quality Reg. § 1.67, eff. 11-7-75; renum b ered 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 f o r NAC 445.650)

Appears as NAC 445B.7162 in the P e tition.

NAC 445B. 22083 Construction, major mod i fication or relo c ation of p l ants to genera te electricity u s ing stea m produced by burning of fossil fuels. ( NRS 445B.210 )

1. Except as otherwise provided in subsections 2 and 3, a person shall not m a ke a m a jor modification to an existing plant or construct a new plant to generate electricity u s ing steam produced by the burning of fossil fuels within: (a) The L a s Vegas Valley, Hydrographic Area 212; (b) The E l Dorado Valley, Hydrographic Area 167; (c) The Ivanpah Valley, H ydrographic Areas 164 a and 164 b; or (d) The city lim its of Boulder City.

2. Fossil fuel-fired power generating un its Num b ers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit Number 1 at S unrise Station m a y be r e located to the Ivanpah Valley and reta in their operating p e rm its if th e em ission units tha t a r e re loca ted use the bes t available control technology.

3. If an em ission unit is relocated to Ivanpah Valley: (a) The previously used e m ission unit m u st be deactivated and rem ove d from the previous site when the relocated unit begins operation. (b) Any credit for reduced em issi on is not av ailab l e as an offset credit.

4. As used in this section, “m ajor m odificat ion” has the m eaning ascrib ed to it in 40 C.F.R. § 51.165, as incorporated by reference in NAC 445B.221

. (Added to NAC by Environm ental Comm ’ n, ef f

. 9-4-92; A 3-29-94)— ( Substitu ted in revis i o n for NAC 445B.389)

Sec. 4. of Petition 94008 subsequently codified as;

NAC 445 B. 271 Use of alternative method or equival ent method to determine compliance

w i th permit. ( NRS 445B.210 ) An alternative method or an equi valent m e thod m a y be used to

determ ine c o m p liance with a stand a rd, requ ire m ent or condition for a perm it that is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, if it is first approved by the Adm i nistrator. (Added to NAC by Environm ental Comm’n, 3-29-94, eff. 1- 11-96; A 10-30-95, eff. 1-11-96)— ( Substitu ted in revis i on for NAC 445.6945)

3

# NOVEMBER 03, 1993

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted November 3, 1993, Effective December 13, 1993

LCB File No. R138-93; Petition 94002

Sec. 2. of Petition 94002 subsequently codified as;

NAC 445B.003 “Adjacent properties” defined. ( NRS 445B.210 ) “Adjacent properties ” m eans parcels of land that lie near ea ch other or in close proxim ity. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.4325)

Sec. 4. of Petition 94002 subsequently codified as;

NAC 445 B. 007 “Affected state” defined. ( NRS 445B.210 ) “Affected state” m e ans a state that

is within 50 m iles of a Class I source located in this State, or a state that is contiguous to this State whose air quality may be affected by em issions from a Class I sou r ce located in th is State. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.4346)

Sec. 7. of Petition 94002 subsequently codified as;

NAC 445B.021 “Area source” defined. ( NRS 445B.210 ) “Area source” m eans any station a ry source of hazardous air pollutants that is not a major source. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.4425)

Sec. 8. of Petition 94002 subsequently codified as;

NAC 445 B. 034 “Class I-A application” defined. ( NRS 445B.210 ) “Class I

- A applic ation ”

m eans an application for a Class I op erating perm it th at is req u ired f o r an y existing so urce which is subject to the requirem ents of 42 U.S.C. §§ 7661 to 7661f, inclusive. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96)— ( Substitu ted in revis i on for NAC 445.4615)

Appears as NAC 445B.477 in the Petition.

NAC 445B.043 “Confidential information” defined. ( NRS 445B.210 ) “Confidential

inform ation” has the m eaning ascribed to it in subsection 6 of NRS 445B.570

. [Environm ental Comm ’ n, Air Quality Reg. §§ 1.15-1.15.3, eff. 11-7-75; A and renum b ered as § 1.41, 12-4-76]—(NAC A 12-13-93, e ff. 11-15-94)—(Substituted in revision for NAC 445.477)

Sec. 13. of P e tition 94002 subsequently codified as;

NAC 445 B. 055 “Effective date of the program” defined. ( NRS 445B.210 ) “Effective date of the program” m eans the date on which th e Adm i nistrator approves the program

. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.4915)

Sec. 14. of P e tition 94002 subsequently codified as;

NAC 445 B. 056 “Emergency” defined. ( NRS 445B.210 ) “Em e rgency” m e ans any situation arising from a sudden and reasonably unforeseeab le event beyond the cont rol of the owner or operator, including an act of G od, that requires imm e diate corre ctive action to restore norm a l

2operation, and that causes the source to exceed an em ission lim itation cont ained in the operating

perm it which is based on a specific type of t echnology. The term does not include the failure to

com p ly with em ission lim itations because of th e im proper design of the source, the lack of preventativ e m a intenanc e, the car eless or im proper operation of the sou r ce, o r any error by the

operato r. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.4955)

Sec. 15. of P e tition 94002 subsequently codified as;

NAC 445B.061 “EPA” defined. ( NRS 445B.210 ) “EPA” m eans the United States

Environm ental Protection Agency. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.5008)

Appears as NAC 445B.504 in the Petition.

NAC 445B. 063 “Excess emissions” defined. ( NRS 445B.210 ) “Excess em issions ” m eans any

em ission which ex ceed s any applicable em ission lim itatio n pres crib ed by NAC 445B.001 to
445B.3497 , inclusive, or that is contained in an operating perm it. The averaging tim e and test procedures for determ ining excess em issions must be as specified in the relevant condition or conditions of the operating perm it. [Environm ental Comm ’n, Air Quality Re g. Art. 1 § 1, eff. 8- 29-79]—(NAC A 10-22-87; 12-13-93)—(Substituted in revision f o r NAC 445.504)

Sec. 16. of P e tition 94002 subsequently codified as;

NAC 445 B. 069 “Federally enfo rceable” defined. ( NRS 445B.210 ) “Federally e n forceable ”

m eans enforceable by the Adm i nistrator pursu an t to any p r ovision of 42 U.S.C. §§ 7401 to 7671q, inclusive, 40 C.F.R. §§ 52.21 and 51.160 to 51.166, inclusive, or 40 C.F.R. Part 70, or by other persons pursuan t to 42 U.S.C. § 7604. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 11-15- 94; A 3-29-94, eff. 11-15-94)—(Substituted in revision f o r NAC 445.5095)

Sec. 17. of P e tition 94002 subsequently codified as;

NAC 445B. 070 “Federally en forceable emiss i ons cap” defined. ( NRS 445B.210 ) “Federally

enforceable em issions cap” m eans a condition of an operating perm it contain i ng an em ission

lim itation th at the ho lder of the o p er ating perm it reque sted a nd the Dire c t or approved and which is independent of any applicable requirem ent or requirem e nts. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.5105)

Sec. 19. of P e tition 94002 subsequently codified as;

NAC 445 B.084 “Hazardous air pollutant” defined. ( NRS 445B.210 ) “Hazardous air pollutant” h a s the m eaning ascrib ed to it in NRS 445B.140

. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.5305)

Sec. 20. of P e tition 94002 subsequently codified as;

NAC 445B.087 “Increment” defined. ( NRS 445B.210 ) “Increm e nt” has the m eaning ascrib ed to it in 40 C.F.R. § 52.21, as adopted in NAC 445B.221

.

3(Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.5335)

Sec. 23. of P e tition 94002 subsequently codified as;

NAC 445B.141 “Preco nstruction review ” defined. ( NRS 445B.210 ) “Preconstruction review”

m eans a review by the Directo rof all inform a tion con t ain e d in a Class I-B app l ication, as required in NAC 445B.308 to 445B.313 , inclusive, and 40 C.F.R. § 52.21. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.5775)

Sec. 24. of P e tition 94002 subsequently codified as;

NAC 445 B.142 “Prevention of significant deteri oration of air q u ality” defined. ( NRS

445B.210 ) “Prevention of significan t deterioration of air quality” has th e m eaning ascribed to it in 40 C.F.R. § 52.21. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.5795)

Sec. 25. of P e tition 94002 subsequently codified as;

NAC 445 B. 147 “Program” defined. ( NRS 445B.210 ) “Program ” m e ans the program for issuing oper a ting perm its to Class I sources whic h the Adm i nistrator has approved as com p lying with the requirem ents of 40 C.F.R. Part 70. (Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.5855)

Sec. 27. of P e tition 94002 subsequently codified as;

NAC 445 B. 154 “Rene w al of an operating permit” defin e d. ( NRS 445B.210 ) “Renewal of an operating perm it” m eans the process by which a hol der of an operating perm it applies for and th e Director reissues the operating perm it at the end of its term

. (Added to NAC by Environm ental Comm ’n, ef f

. 12-13-93)—(Sub s titu ted in r e vision f o r NAC 445.5915)

Sec. 28. of P e tition 94002 subsequently codified as;

NAC 445 B.156 “Responsible official” defined. ( NRS 445B.210 ) “Responsible official”

m eans: 1. For a corporation: (a) A president; (b) A vice president in char ge of a principal business function; (c) A secretary; (d) A treasurer; or (e) An authorized representative of such a person who is responsible for the overall operation

of

the f acility and who is designated in writing b y an of f i cer of the corporation and approved in advance by the Director. 2. For a partnership or sole proprietorshi p, a general partner or th e proprietor, respectively.

3. For a municipality or a state, f e deral or othe r public agency, a ranking elected official or a principal executive officer, including, for a fe de ral agency, a chief ex ecutive officer who has responsibility for the overall operations of a principal geog raphic unit of the agency.

4. For a n affected source, the designated re presentative or his alternate, as defined in 42 U.S.C. § 7651a(26).

4(Added to NAC by Environm ental Co mm’n, 12-13-93 , ef f

. 11- 15-94)—(Subs titu ted in revision for NAC 445.5925)

Appears as NAC 445B.630 in the Petition.

NAC 445 B. 190 “Stop order” defined. ( NRS 445B.210 ) “Stop order” m eans a written notice by the Director served on a person or persons requi ring su ch persons to cease th e activity th at th e Director, pursuant to NAC 445B.277 , has determ ined is in violation of any provision of NAC

445B.001 to 445B.3497 , inclusive, an applicable requirem e nt or any condition of an operating

perm it. [Environm ental Comm ’ n, Air Quality Reg. § 1.63, eff. 11 -7-75; renumbered as § 1.184, 12-4-76]—(NAC A 12-13-93)—(Su bstitu te d in revision for NAC 445.630)

Appears as NAC 445B.649 in the Petition.

NAC 445B.200 “Violation” defined. ( NRS 445B.210 ) “Viola tion” m eans a f a ilure to com p ly with any of the provisions of NAC 445B.001 to 445B.3497 , inclusive, any applicable requirem e nt or any condition of an operating perm it. [Environm ental Comm’n, Air Quality Reg. § 1.203, eff. 8-28-7 9 ]—(NAC A 10-22-87 ; 12-13-93)—(Substituted in revision f o r NAC 445.649)

Appears as NAC 445B.669 in the Petition.

NAC 445 B. 235 Construction or modifica tion : Determination by Director. ( NRS 445B.210 )

1. W h en requested to do so by an owner or operato r, the Direc t or will m a ke a de term ination

of

whether a c tion taken or intended to be taken b y the owner or opera tor c onstitu tes co nstruc tion, including reconstruction, or m odific a tion or th e comm encem e nt thereof within the m eaning of

NAC 445B.236

. 2. The Director will re spond to any request for a determ in ation under subsection 1 within 30 days after receipt of the request. [Environ m ental Comm’n, Air Quality Reg. §§ 2.13.1 & 2.13.2, eff. 12-4-76]—(NAC A 12-13-93)—(Substituted in revision f o r NAC 445.669)

Appears as NAC 445B.670 in the Petition.

NAC 445 B. 236 Construction or modifica tion: Review of plans. ( NRS 445B.210 )

1. W h en requested to do so by an owner or operato r
, the Direc t or will r e view plans f o r construction or m odification to pr o v ide techn i c a l advic e to the owner or operator. A separate

request m u st be subm itted f o r eac h construc tion or m odif i cation pro j ect. Each r e quest m u st identify the location of such projects and be accom p anied by technical infor m ation describ i ng the proposed nature, size, design an d m e thod of ope ration o f each affected facility involved in the project, including infor m ati on on any equipm ent to be used for m e asurem ent or control of

em issions.

2. Neither a request for a review of plan s nor advice furnished by the Director in response to such request: (a) Relieves an owne r or operator of lega l responsibility for com p liance with any provision of

NAC 445B.235 or this section, or of any appli cable state or local requirement; or (b) P r events the Director from carrying out o r enforc ing any provision of NAC 445B.235 or this section, or taking any othe r action authorized by the Act. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.12.1-2.12.2.2, eff. 12-4-76]—(NAC A 12-13-93)—(Substituted in revision f o r NAC 445.670)

5Sec. 30. of P e tition 94002 subsequently codified as;

NAC 445 B. 326 Opera ting permits : Assertion of emerg en cy as affirmative defense to action for noncompliance. ( NRS 445B.210

, 445B.300 )

1. A holder of an operating perm it m a y asse rt an affir m ative defense to an action brought for

noncom pliance with a technology-based em ission lim itation contained in the operating perm it if the holder of the operating perm it demonstrates through signed, contem poraneous operating logs

or other relevant evid ence, that: (a) An em ergency occurred and the holder of the operating perm it can identify the cause of

the em ergency; (b) The facility was being properl y operated at the tim e of the em ergency; (c) During the em ergency, the holder of the operating perm it took a ll reasonable steps to

m i ni m i ze excess em issio n s; and (d) The holder of th e opera ting perm it s ubm itted notic e of the emergency to the Direc t or within 2 w o rking days after the em ergency. Th e notice must contain a description of the

em ergency, any step s ta ken to m itig ate em ission s, and any c o rrec tive ac tions taken to res t ore the

norm a l operation of the facility.

2. In any action f o r noncom pliance, th e holder of an operating perm it who asserts the

affir m ative defense of an em er gency has the burden of proof. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96)— ( Substitu ted in revis i on for NAC 445.7133)

6

# SEPTEMBER 30, 1992

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted September 30, 1992, Eff e ctive Novemb er 23, 1992

LCB File No. R159-92

Appears as NAC 445.700 in the Petition.

NAC 445 B. 283 Violations: Manner of paying fines. ( NRS 445B.210

, 445B.640 )

1. The am ount of t h e specified fine, in accordance with the sched u le of fines for

m i nor violations, m u st be subm itted within 10 d a ys after service of the notice upon the

violator.

2. Cashier’s check s, certified checks, m oney orders or personal checks m u st be made payable to the State of Nevada and must be sent to the State Environm ental Comm iss i on, 333 W e st Nye Lane, Carson City, N e vada 89710. [Environ m ental Comm’n, Air Quality Reg. §§ 2.8.5.1 & 2.8.5.2, eff. 11-7-7 5 ; A 12-4-76] —( NAC A 10-22-87; 9

- 1 9 -90; 11-23 -92)—(Subs titu ted in re vision f o r NAC 445.700)

2

# NOVEMBER 18, 1991

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted November 18, 1991, Ef fective Decemb er 26, 1991

LCB File No. R132-91

Sec. 2. of L C B File No. R132-91 subsequently codified as;

NAC 445 B. 135 “PM ” defined. 10 ( NRS 445B.210 ) “PM 10 ” m eans any particula t e m a tte r in the

atm o sphere with an aerodynam i c diam eter less th an or equal to a nom inal 10 m i crom eters as

m easured by an approved reference m e thod or equivalent method based on 40 C.F.R. Part 50, Appendix J and designated in acco rd ance with 40 C.F.R. Part 53. (Added to NAC by Environm ental Comm ’n, ef f

. 12-26-91)—(Sub s titu ted in r e vision f o r NAC 445.5655)

Appears as NAC 445.804 in the Petition.

NAC 445 B. 22077 Compliance w i th regulatio ns. ( NRS 445B.210 ) Any portion of any affected

f

acility not lis ted in NAC 445B.2208 m u st com p ly with the rem a ining por tio ns of NAC

445B.001 to 445B.3497 , inclusive.
[ E nvironm ental Co mm’n, Air Quality Reg. Art. 16 , ef f

. 12-4-76] —(NAC A 3-17-86 ; 10-18-88; 1 2 -26-91)— ( Substitu ted in revis i on for NAC 445B.384)

Sec. 3. of L C B File No. R132-91 subsequently codified as;

NAC 445 B. 254 Collection of data concernin g air quality in affected area of exceptional

event. ( NRS 445B.210 )

1. The Comm ission will review the da ta co ncerning air quality co llected du ring the pe riod

and in the affected area of th e excep tional event to determ ine whether a person or governm e nt,

governm e ntal agency or political subdivision of a governm e nt has com p lied with the provisions

of NAC 445B.001 to 445B.3497 , inclusive.

2. The Comm ission hereby adopts by reference sections 2, 3, 4.2 and 4.4 of the Guideline o n the Iden tification and Use of Air Q ualit y Data Affected by Exceptiona l Events , EPA-450/4-86- 007, published by the E nvironm ental Protection Ag ency, July 1986. A copy of the publication

m a y be obtained from the National T echnical Inf o rm ation Service, United States Departm e nt of

Comm erce, 5285 Port Royal Road, Springfie ld, Virginia 22161, for the price of $20.

3. The C o mm ission m a y declare an ev ent an exceptional event if the event com p l i es with any of the following requirem e nts: (a) For a high wind, an hourly speed equal to or greater than 30 m ile s per hour or gusts equal to or greater than 40 m iles per hour with no pr ecipitation or only a trace of precipitation observed as scattered drops that do not com p l e tely wet or c over an ex posed area at a rate of not m o re than 0.01 inch per hour. (b) For a forest or wildland fire, an uncon trolled fire in vegetati o n or re lated f l ammable

m a terial th at is destruc tiv e to natu ra l resources if the fire burns an area: (1) Equal to or greater than 9 acres and is within 3 m i les upwind of a device to m onitor air quality; or (2) Gr eate r than 9 acres and re cepto r o rdis p ersion m odeling dem onstra t es that a i r qua lity

in the m onitored area was affected by the fire.

2(c) For a prescribed burning, a controlled fire of vegetative m a terial that is used to im prove range or forestry resources. P r escribed burni n g m u st be lim ited to those day s when the

m e teorological cond itio ns are condu cive to m a ximum dispersion. (d) For a structural fire, any accidental fire involving a building that is at least 600 square feet

in size and located within 500 m e ters of a device to m onitor air quality. (e) For a high pollen count, a pollen count index above 25 grains/cm 2 or 1,000 grains/m 3

. (f) For a rerouting of traffi c, a temporary dev i ation or detour of vehicular traffic b ecause of an

acciden t , co nstruction o r dem o lition, if the detour lasts for not m o re than 1 week and th e rerou t ed

traffic is within 500 m e ters of a device to m onitor air quality. (g) For unusual traffic congestion, a co ndition resu lting from a m a jor accident, or an obstruction for a short period, s u ch as dem o lition or cons truction, if the conges t ion is no t a regular occurrence and is located with in 500 m e ters of a m o nitoring site. (h) For a large gathering of persons, a gathering of m o re th an 10,000 persons and 5,000 cars at any one tim e and at a single location, if the: (1) Unusual traffic congestion is associated with the event; (2) Event occurs less than once a year; and (3) Event is held in a locati on which is not regularly used for those purposes. (i) For a chem ical spill or an indu strial accid e nt, em ission s th at result from acci dents such as a fire, explosion, power outage, trai n derailm e nt, vehicular accident, or any com b ination thereof, if the spill o r acciden t is no t a regu lar o ccurrence. (j) For a stratospheric ozone intrusion, a par cel of air originating in the stratosphere at an average h e ig ht of 12.4 mile s entrained directly to the surface o f the earth. (k) For a volcanic eruption, the e m ission or ejection of volcanic m a terials at the earth’s

surface from a crater o r fissure. (l) For any activity rela ting to cleanup after a m a jor natura l disaster, if the G overnor or Legislature declares an em ergenc y because of the natural d i saster or th e area affected by the natural disaster has been designated as being eligible for federal assistance.

4. If the Comm ission determ ines that an ev ent is excep tiona l, the a i r quality da ta collected

within th e p e riod and affected area of the even t must be treated in a consistent m a nner. 5. As used in this section, “exceptional event” m eans an event whic h is uncontrollable or is not expected to occur regularly at a given location. (Added to NAC by Environm ental Comm ’n, ef f

. 12-26-91)—(Sub s titu ted in r e vision f o r NAC 445.6823)

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# AUGUST 29, 1990

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## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted August 29, 1990, Ef f

ecti v e Sept ember 19, 1990

LCB File No. R095-90

Appears as NAC 445.517 in the Petition.

NAC 445B. 073 “Fuel-burning equipment” defined. ( NRS 445B.210 ) “Fuel-burning equipm ent” m eans: 1. Ind i rect h eat transfer fuel-b ur ning equipm ent which is any device used for the

com bustion of fuel in which heat is tr ansferred from the products of com bustion indirectly for the production of useful heat or pow er. 2. Direct heat transfer fuel-burni ng equipm ent which is any device used for the

com bustion of fuel in which heat is transfer red from the products of combustion directly for the production of us eful heat or power. [Environm ental Comm ’n, Air Qual ity Reg. §§ 1.29-1.29.2, eff. 11-7- 75; renum bered as § 1.85, 12-4-76]—(NAC A 9-19-90)—(Subs tituted in revision for NAC 445.517)

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