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Adopted Regulation R042-13 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R042-13 

Effective December 23, 2013 

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted. 

AUTHORITY: §1, NRS 445B.210; §§2 and 3, NRS 445B.210 and 445B.300. 

A REGULATION relating to air pollution; revising provisions governing ambient air quality 

standards; deleting certain obsolete provisions governing the issuance or renewal of 

certain permits; and providing other matters properly relating thereto. 

 Section 1. NAC 445B.22097 is hereby amended to read as follows: 

 445B.22097 1. The table contained in this section lists the minimum standards of quality 

for ambient air. 

 NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHODD PRIMARYC, E SECONDARYC, F METHODD

Ozone 

[1 hour] [0.12 ppm 

(235 μg/m3)] 

[Ultraviolet 

absorption] 

[0.12 ppmG 

(1979 standard)] 

Same as primary Chemiluminescence 

8 hours [--] 0.075 ppm 

[--]

Chemiluminescence 

0.075 ppm 

[(2008 standard)] 

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 

chemiluminescence 53 ppbG Same as primary Gas phase 

1 hour chemiluminescence -- -- 100 ppb None 

Sulfur dioxide Annual arithmetic 

mean 

0.030 ppm 

(80 μg/m3

) 

Ultraviolet 

fluorescence 

0.03 ppmH

(1971 standard) None 

Spectrophotometry 

(Pararosaniline 

method) 
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Adopted Regulation R042-13 

 NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHODD PRIMARYC, E SECONDARYC, F METHODD

24 hours 0.14 ppm 

(365 μg/m3

) 

0.14 ppmH

(1971 standard) 

3 hours 0.5 ppm 

(1,300 μg/m3

) None 0.5 ppm 

1 hour -- -- 75 ppb None 

Particulate matter 

as PM10

Annual arithmetic 

mean 

50 μg/m3

High volume PM10

sampling 

None None -- 

24 hours 150 μg/m3 150 μg/m3 Same as primary 

High or low volume 

PM10 sampling 

Particulate matter 

as PM2.5

Annual arithmetic 

mean -- -- 15.0 μg/m3

 Same as primary Low volume PM2.5

sampling 

24 hours -- -- 35 μg/m3 Same as primary 

Lead (Pb) 

[Nevada: Quarterly 

arithmetic mean; 

National:] Rolling 3 

mo. average 

[1.5 μg/m3] 0.15 μg/m3

High volume 

sampling, acid 

extraction and atomic 

absorption 

spectrometry 

0.15 μg/m3

Same as primary 

High volume 

sampling, acid 

extraction and 

atomic absorption 

spectrometry 

Hydrogen sulfide 1 hour 

0.08 ppm 

(112 μg/m3)

I

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: The National standards are used in determinations of attainment or nonattainment. The 

form of a National standard is the criteria which must be satisfied for each respective 

concentration level of a standard for the purposes of attainment. The form for each National 

standard is set forth in 40 C.F.R. Part 50 and may be viewed at 

http://www.epa.gov/air/criteria.html.

Note C: Where applicable [,] and except as otherwise described in Note G, 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 
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Adopted Regulation R042-13 

reference temperature of 25 degrees Centigrade and a reference pressure of 760 mm of Hg 

(1,013.2 millibars); “ppb” in this table refers to parts per billion by volume, or nanomoles of 

regulated air pollutant per mole of gas; “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: Reference method as described by the EPA. 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 [EPA revoked the National 1-hour ozone standard as it applies to all areas. 

However, anti-backsliding provisions in Federal law require certain areas to have continuing 

obligations under the National 1-hour ozone standard.] official National annual standard for 

nitrogen dioxide is 0.053 ppm. The National annual standard is identified in this table in 

equivalent units of parts per billion for the purpose of simplifying its comparison with the 

National 1-hour standard which is also identified in parts per billion. 

Note H: The 1971 National sulfur dioxide standards remain in effect for an area until 1 year after 

the area is designated for the 2010 National sulfur dioxide standard, except that in an area 

designated nonattainment for the 1971 National sulfur dioxide standards, the 1971 standards 

remain in effect until an implementation plan to attain or maintain the 2010 National sulfur 

dioxide standards is approved. 
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Adopted Regulation R042-13 

Note I: 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. 

 Sec. 2. NAC 445B.308 is hereby amended to read as follows: 

 445B.308 1. Except for a Class IV operating permit, in any area designated as attainment 

or unclassifiable for a regulated air pollutant, before an operating permit or a revision of an 

operating permit may be issued: 

 (a) For a new or modified stationary source; 

 (b) For a plantwide applicability limitation; or 

 (c) To allow a plantwide applicability limitation to expire and not be renewed, 

 in accordance with NAC 445B.308 to 445B.314, inclusive, the applicant must submit to the 

Director an environmental evaluation and any other information the Director determines is 

necessary to make an independent air quality impact assessment. 

 2. The Director shall not issue an operating permit or a revision of an operating permit for 

any stationary source if the environmental evaluation submitted by the applicant shows, or if the 

Director determines, in accordance with the provisions of this section, that the stationary source: 

 (a) Will prevent the attainment and maintenance of the state or national ambient air quality 

standards. For the purposes of this paragraph, only those ambient air quality standards that have 

been established in NAC 445B.22097 need to be considered in the environmental evaluation. 

 (b) Will cause a violation of the applicable state implementation plan. 
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Adopted Regulation R042-13 

 (c) Will cause a violation of any applicable requirement. 

 (d) Will not comply with subsection 4. 

 3. The Director shall not issue an operating permit or a revision of an operating permit for 

any stationary source if the Director determines, in accordance with subsection 3 of NAC 

445B.311, that the degree of emission limitation required for control of an air pollutant under 

this section is affected by that amount of the stack height of any source as exceeds good 

engineering practice stack height, including a good engineering practice stack height 

demonstrated by a fluid model or a field study approved by the Director in accordance with 

paragraph (c) of subsection 1 of NAC 445B.083, or any other dispersion technique. 

 4. [Except as otherwise provided in subsection 5, to] To be issued an operating permit or a 

revision of an operating permit, the owner or operator of a major stationary source or major 

modification, as those terms are defined in 40 C.F.R. § 51.165, who proposes to construct in an 

area designated nonattainment for the regulated air pollutant or pollutants for which the 

stationary source or modification is major must: 

 (a) Comply with the provisions of 40 C.F.R. § 51.165, as adopted by reference in NAC 

445B.221. 

 (b) Adopt as an emission limitation for the stationary source the lowest achievable emission 

rate for each nonattainment regulated air pollutant from the stationary source. 

 (c) Demonstrate that all other stationary sources within this State which are owned, operated 

or controlled by the applicant are in compliance or on a schedule of compliance with NAC 

445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the 

permit. 
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Adopted Regulation R042-13 

 (d) Conduct an analysis of any anticipated impact on visibility in any federal Class I area 

which may be caused by emissions from the stationary source. 

 (e) Conduct an analysis of alternative sites, sizes, processes of production and techniques for 

environmental control for the proposed stationary source. Except as otherwise provided in this 

paragraph, the analysis must demonstrate that the benefits of the proposed stationary source 

significantly outweigh the detrimental environmental and social effects that will result from its 

location, construction or modification. If the major stationary source or major modification 

proposes to locate in an area designated as marginal nonattainment for ozone, the analysis must 

demonstrate an offset ratio of 1.2 to 1 for volatile organic compounds and nitrogen oxides. For 

the purposes of this paragraph, a stationary source which is major for volatile organic 

compounds or nitrogen oxides shall be deemed major for ozone if the proposed location of the 

major stationary source or major modification is in an area designated as nonattainment for 

ozone. 

 (f) Comply with one of the following: 

 (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary 

source begins operation to ensure that the total allowable emissions of each nonattainment 

regulated air pollutant from the existing stationary sources in the area, those stationary sources in 

the area which have received their respective permits and the proposed stationary source will be 

sufficiently less than the total emissions from the existing stationary sources and those stationary 

sources in the area which have received their respective permits before the proposed stationary 

source applies for its operating permit or a revision of an operating permit, in order to achieve 

reasonable further progress; or 
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Adopted Regulation R042-13 

 (2) If the major stationary source or major modification is located in a zone identified by 

the Administrator as one to be targeted for economic development, the owner or operator must 

demonstrate that the emission from the stationary source will not cause or contribute to 

emissions levels which exceed the allowance permitted for a regulated air pollutant for the 

nonattainment area. 

 For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 

40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the 

appropriate local agency for the control of air pollution. 

 5. [To be issued an operating permit or a revision of an operating permit, the owner or 

operator of a major stationary source or major modification, as those terms are defined in 40 

C.F.R. § 51.165, as adopted by reference in NAC 445B.221, who proposes to construct in an 

area designated as basic nonattainment for ozone must: 

 (a) Comply with the provisions of 40 C.F.R. § 51.165, as adopted by reference in NAC 

445B.221. 

 (b) Adopt as an emission limitation for the stationary source the best available control 

technology for volatile organic compounds and nitrogen oxides from the stationary source. 

 (c) Demonstrate that all other stationary sources within this State that are owned, operated or 

controlled by the applicant are in compliance or on a schedule of compliance with NAC 

445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the 

permit. 

 (d) Demonstrate an offset ratio of 1 to 1 for volatile organic compounds and nitrogen oxides. 

For the purposes of this paragraph, a stationary source that is major for volatile organic 

compounds or nitrogen oxides shall be deemed major for ozone if the proposed location of the 
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Adopted Regulation R042-13 

major stationary source or major modification is located in an area designated as basic 

nonattainment for ozone. 

 (e) Comply with one of the following: 

 (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary 

source begins operation to ensure that the total allowable emissions of each nonattainment 

regulated air pollutant from the existing stationary sources in the area, those stationary sources in 

the area that have received their respective permits and the proposed stationary source will be 

sufficiently less than the total emissions from the existing stationary sources and those stationary 

sources in the area that received their respective permits before the proposed stationary source 

applies for its operating permit or a revision of an operating permit, in order to achieve 

reasonable further progress; or 

 (2) If the major stationary source or major modification is located in a zone identified by 

the Administrator as one to be targeted for economic development, the owner or operator must 

demonstrate that the emissions from the stationary source will not cause or contribute to 

emissions levels which exceed the allowance permitted for a regulated air pollutant for the 

nonattainment area. 

 For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 

40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the 

appropriate local agency for the control of air pollution. 

 6.] To be issued an operating permit or a revision of an operating permit, the owner or 

operator of a major stationary source or major modification who proposes to construct in any 

area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the 

provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221. 
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Adopted Regulation R042-13 

[7.] 6. The Director may impose any reasonable conditions on his or her approval, 

including conditions requiring the owner or operator of the stationary source to: 

 (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable 

period before the commencement of construction or modification and for any specified period 

after operation has begun at the stationary source; and 

 (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 

to 445B.3689, inclusive. 

[8.] 7. If a proposed stationary source located on contiguous property is constructed or 

modified in phases which individually are not subject to review as provided in NAC 445B.308 to 

445B.314, inclusive, all phases occurring since November 7, 1975, must be added together for 

determining the applicability of those sections. 

[9.] 8. Approval and issuance of an operating permit or a revision of an operating permit for 

any stationary source does not affect the responsibilities of the owner or owners to comply with 

any other portion of the applicable state implementation plan. 

[10.] 9. As used in this section: 

 (a) “Lowest achievable emission rate” has the meaning ascribed to it in 40 C.F.R. § 51.165, 

as adopted by reference in NAC 445B.221. 

 (b) “Offset ratio” means the percentage by which a reduction in an emission must exceed the 

corresponding increase in that emission. 

 (c) “Reasonable further progress” means the annual incremental reductions in emissions of 

the relevant regulated air pollutant that are required by 42 U.S.C. §§ 7501 to 7515, inclusive, or 

are required by the Administrator to ensure attainment of the applicable standard for national 

ambient air quality by the applicable date. 
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Adopted Regulation R042-13 

 Sec. 3. NAC 445B.311 is hereby amended to read as follows: 

 445B.311 1. An environmental evaluation which is required for a new or modified 

stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the 

Director must contain a careful and detailed assessment of the environmental aspects of the 

proposed stationary source and must also contain: 

 (a) The name and address of the applicant; 

 (b) The name, address and location of the stationary source; 

 (c) A description of the proposed stationary source, including the normal hours of operation 

of the facility and the general types of activities to be performed; 

 (d) A map showing the location of the stationary source and the topography of the area, 

including existing principal streets, roads and highways within 3 miles of the stationary source; 

 (e) A site plan showing the location and height of buildings on the site; 

 (f) Any additional information or documentation which the Director deems necessary to 

determine the effect of the stationary source on the quality of the ambient air, including 

measured data on the quality of the ambient air and meteorological conditions at the proposed 

site before construction or modification; and 

 (g) A dispersion analysis of each regulated air pollutant. 

 2. Where approval is sought for stationary sources to be constructed in phases, the 

information required by subsection 1 must be submitted for each phase of the construction 

project. 

 3. An environmental evaluation must also consider good engineering practice stack height. 

If the Director considers an analysis of a source based on a good engineering practice stack 
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Adopted Regulation R042-13 

height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 

445B.083, the Director shall: 

 (a) Notify the public of the availability of the demonstration study performed pursuant to 

paragraph (c) of subsection 1 of NAC 445B.083; and 

 (b) Provide an opportunity for a public hearing on the demonstration study in accordance 

with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 

445B.3395. 

 4. A dispersion analysis used to determine the location and estimated value of the highest 

concentration of each regulated air pollutant must include: 

 (a) A dispersion model based on the applicable models, bases and other requirements 

specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51, 

as adopted by reference in NAC 445B.221, except that the Director may authorize the 

modification of a model specified in the “Guideline on Air Quality Models” or the use of a 

model not included in the “Guideline on Air Quality Models” if the Director: 

 (1) Determines that the modification or use is appropriate; 

 (2) Obtains written approval of the modification or use from the Administrator; and 

 (3) Provides notice of and establishes a 30-day period for comment in accordance with the 

applicable provisions of NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477; 

 (b) A narrative report describing: 

 (1) If applicable, assumptions and premises used in the analysis, including, without 

limitation: 

 (I) Model options chosen; 

 (II) Urban versus rural selection; 
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Adopted Regulation R042-13 

 (III) Background concentrations; 

 (IV) Characterization of emission sources as point, area or volume; 

 (V) Emission discharge points; and 

 (VI) Rate of emission from each emission unit; and 

 (2) The geographic area considered in the analysis, including, without limitation, 

information concerning: 

 (I) The nearest significant terrain features; 

 (II) The receptor grid or grids; and 

 (III) Restrictions on public access to the stationary source; and 

 (c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. 

Part 51, as adopted by reference in NAC 445B.221, which: 

 (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as 

adopted by reference in NAC 445B.221: 

 (I) Is site specific, if the information exists pursuant to subsection 1 of this section or 

subsection [7] 6 of NAC 445B.308, and which covers a period of not less than 1 year; 

 (II) Has been obtained from an off-site location representative of the proposed site and 

which covers a period of not less than 1 year; 

 (III) Represents the worst-case meteorological conditions, as approved by the Director 

for synthetic data; or 

 (IV) Has been obtained over the last 5 years at the nearest National Weather Service 

site; or 
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Adopted Regulation R042-13 

 (2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as 

adopted by reference in NAC 445B.221, is representative of the source site location and source 

emissions and which covers a period of not less than 1 year.