## ENCLOSURE 3



# NEVADA REVISED STATUTES STATE IMPLEMENTATIONPLAN

as ofJanuary 16,2008 (2004 Codification)

EXPLANATION: Numbers in brackets after NRS number refer to the superseded statute in the ASIP, where applicable.



### TITLE 40 CHAPTER 445B

# - AIR POLLUTION

GENERAL PROVISIONS

NRS 

### 445B.105 [445.406] NRS 

### 445B. 110 [445.411] NRS 

### 445B.115 [445.416] NRS 

### 445B.120[445.421] NRS 

### 445B. 125 [445.424] NRS 

### 445B. 130 [445.427] NRS 

### 445B.135 [445.431] NRS 

### 445B. 140 [new] NRS 

### 445B.145 [new] NRS 

### 445B.150 [445.441] NRS 

### 445B.155 [445.446]

NRS 

### 445B.200 [445.451]

NRS 

### 445B.205 [445.456] NRS 

### 445B.210 [445.461] NRS 

### 445B.220 [445.471] NRS 

### 445B.225 [445.472] NRS 

### 445B.230 [445.473] NRS 

### 445B.235 [445.474] NRS 

### 445B.240 [445.476] NRS 

### 445B.245 [445.477] Definitions. "Air contaminant" defined. "Air pollution" defined. "Commission" defined. "Department" defined. "Director" defined. "Federal Act" defined. "Hazardous airpollutant" defined. "Operating permit" defined. "Person" defined. "Source" and "indirect source" defined.



### STATE ENVIRONMENTAL COMMISSION

Creation and composition; Chainnan; quorum; compensationofmembers and employees; disqualification; technical support. Department designated as StateAir Pollution ControlAgency. Powers of Commission. Additional powers of Commission. Power of Commission to require testing of sources. Powers and duties ofDepartment. Additional powers ofDepartment. Power of representatives of Department to enter and inspect premises. Power ofDepartmentto perform or require test ofemissions from stacks.



### LOCAL HEARING BOARD

NRS 

### 445B.275 [445.48 

### 11 Creation; members; terms. NRS 

### 445B.280 [445.486] Attendance of witnesses at hearing; contempt; compensation.



### PROVISIONS FOR ENFORCEMENT

NRS 

### 445B.300[445.491] Operating permit for source of air contaminant; notice and approval ofproposed construction; administrative fees; failureof Commission or Department to act. NRS 

### 445.493' Limitations on enforcement of regulations 

### asto indirect sources and authority to review new indirect sources. NRS 

### 445B.320 [445.496] Approval ofplans and specificationsrequired before constructionor alteration of structure. NRS 

### 445B.340 [445.498] Appealsto Commission: Notice of appeal.

- - - -- 

# ' NRS 

### 4458.310 is approved to replace 

### 445.493contingent on evidence of public participationprocess for adoption of 

### 445B.310 as a SIPrevision 

### (72 FR 

### 71095).

### NRS 445B.350 [445.499] Appeals to Commission: Hearings. 

### NRS 445B.360 [445.501] Appeals to Commission: Appealable matters; action by Commission; regulations.



### VIOLATIONS



### NRS 445B.450 [445.526] Notice and orderby Director; hearing; alternative procedures. 

### NRS 445B.460 [445.529] Injunctive relief.



### PROGRAM FOR CONTROL OF

### AJR POLLUTION



### NRS 445B.500 [445.546] Establishment and administrationof program; contents of program; designation of airpollution control agency ofcounty forpurposes of federal act;powers and duties oflocal air pollution control board; notice of public hearings; delegation of authorityto determine violationsand levy administrativepenalties; cities and smaller counties; regulation of certainelectric plants prohibited. 

### NRS 445B.510 [445.551] Commission may require program for designated area. 

### NRS 445B.520 [445.556] Commission may establishor supersede countyprogram. 

### MS 445B.530 [445.561] Commission may assume jurisdiction over specific classesof air contaminants. 

### NRS 445B.540 [445.566] Restorationof superseded localprogram; continuation of existing local program.



### MISCELLANEOUSPROVISIONS



### NRS 445B.560r445.5711 Plan or procedure for emergency. 

### NRS 445B.570 [445.576] Confidentialityand use of information obtainedby Department;penalty. 

### NRS 445B.580 [445.581] OfficerofDepartment may inspect or search premises; search warrant. 

### NRS 445B.595 [445.586] Governmental sourcesof air contaminants to complywith state and local provisionsregarding air pollution;permit to set fire for training purposes; planning and zoning agenciesto consider effects on quality of air. 

### NRS 445B.600 [445.596] Private rights and remedies not affected.


### NRS 445B.610 [445.598] Provisions for transition in administration.



### PENALTIES



### NRS 445B.640 [445.60 11 Levy and dispositionof administrative fines; additionalremedies available; penalty.



### TITLE 0

# - PRELIMINARY CHAPTER

GENERAL PROVISIONS



### NRS 0.039 [new] "Person" defined.

### CHAPTER 445B 

## - AIR POLLUTION

GENERAL PROVISIONS

NRS 445B.105 [445.406] 

### Definitions. As used in NRS 445B.100 to 445B.640, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445B.110 to 445B.155, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1971,1192; A 1973,1811; 1993,2852HSubstitutedin revision for NRS 445.406)



### NRS 445B.110 [445.411] 

### "Air contaminant" defined. 

### "Air contaminant" means any substance discharged into the atmosphere except water vapor and water droplets. (Added to NRS by 1971, 1192HSubstituted in revision forNRS 445.4 11)



### NRS 445B.115 (445.4161 

### "Air pollutionn defined. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in such quantity and duration as may tend
to: 1. Injure human health or welfare, animal or plant life or property. 2. Limit visibility or interfere with scenic, esthetic and historic values of the State. 3. Interfere with the enjoyment of life orproperty. (Added to NRS by 197 1, 1192HSubstituted in revision forNRS 445.416)



### NRS 445B.120 [445.421] 

### "Commission" defined. "Commission" means the State Environmental Commission. (Addedto NRS by 1971,1192; A 1973,1811 HSubstituted in revision for NRS 445.42 1)



### NRS 445B.125 1445.4241 

### "Department" defined. "Department" means the State Department of Conservation and Natural Resources. (Added to NRS by 1973, 1808; A 1973,1406; 1977, 1142HSubstitutedin revision forNRS 445.424)



### NRS 445B.130 1445.4271 

### "Director" defined. "Director" means the Director of the Department or his designee

or 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. (Added to NRS by 1973, 1808HSubstitutedin revision forNRS 445.427)



### NRS 445B.135 1445.4311 

### "Federal Act" defined. "Federal Act" means the Clean Air Act (42 U.S.C. 

### $8 7401 et seq.), which includes the Clean 

### Air Act of 1963 (P.L. 88-206) and amendments made by the Motor Vehicle Air Pollution Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act Amendments of 1966 

### (P.L. 89-675, October 15, 1966), the Air Quality Act of 1967 (P.L. 90-148, November 21, 1967),

### the Clean Air Amendments of 1970 (December 3 1, 1970)and any amendments thereto made after July 1, 1971. (Added to NRS by 1971, 1 192; A 1993,2852HSubstitutedin revision for NRS 445.43 1)



### NRS 445B.140 

### "Hazardous air pollutant" defined. "Hazardous airpollutant" means a substance designated as suchby the Commission pursuant to NRS 445B.210. (Addedto NRS by 1993,2849HSubstituted

### in revision for NRS 445.433)



### NRS 445B.145 

### "Operating permitn defined. "Operating permit" means a permit signed and issued by the Director approving, with conditions, the constructionand operationof a source of any air contaminant. (Added to NRS by 1993,2849)+Substituted in revision for NRS 445.438)



### NRS 445B.150 1445.4411 

### "Person" defined. "Person" includes the State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations. (Added to NRS by 1971, 1192;A 1985,517HSubstituted in revision for NRS 445.441)



### NRS 445B.155 (445.4461 

### "Source" and "indirect sourcen defined. 1. "Source" means anyproperty, real or personal, which directly emits or may emit any air contaminant. 2. "Indirect source" means any property or facility that has or solicits secondary or adjunctive activity which emits or may emit any air contaminant for which there is an ambient air quality standard, notwithstanding that such property or facility may not itself possess the capabilityof emitting such air contaminants. Indirect sources include, but are not limited to:

### (a) Highways and roads; (b)Parking facilities; (c) Retail, commercial and industrial facilities; (d)Recreation,amusement, sports and entertainment facilities; (el t2lrports; (f) 

### Officeand government buildings; (g)Apartment and condominium buildings; (h)Educational facilities;and (i) Other suchproperty or facilitieswhich will result in increased air contaminant emissions from motor vehicles

or other stationarysources. (Added to NRS by 1971, 1192; A 1973, 1811; 1975, 1781; 1977, 1558)-(Substituted in revision for NRS 445.446)

STATE ENVIRONMENTAL COMMISSION

NRS 

### 445B.200 [445.451] Creation and composition; Chairman; quorum; compensation of members and employees; disqualification; technical support. 1. The State Environmental Commission is hereby created within the State Department of Conservation and Natural Resources. The Commission consistsof: (a)The Director ofthe DepartmentofWildlife; (b)The State ForesterFirewarden; (c) The State Engineer; (d) The Director ofthe State Department ofAgriculture; (e) The Administrator ofthe Division of Minerals ofthe Commission on Mineral Resources; 

### (f)A member ofthe State Board of Health to be designatedby that Board; and (g) Five members appointed by the Governor, one of whom is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation. 2. The Governor shall appointthe Chairman ofthe Commission fiom among the members of the Commission. 3. A majority of the members constitutesa quorum, and a majorityofthose present must concur in any decision. 4. Each member who is appointed by the Governor is entitled to receive a salaryof not more than $80, as fixed by the Commission, for each day's attendance at a meeting of the Commission. 5. While engaged in the business ofthe Commission, each member and employee of the Commission is entitled
to receivethe per diem allowanceand travel expensesprovided for state oficers and employees generally. 6. Any person who receives or has received during the previous 2 years a significantportion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicantsfor a pennit required by NRS 445A.300 to 445A.730, inclusive, is disqualified fiom serving as 

### a member of the Commission. The provisions of this subsectiondo not apply to any person who receives or has received during the previous2 years, a significant portion of his income fiom any department or agency of state government which is a holder ofor an applicant for apermit required byNRS 445A.300 to 445A.730, inclusive. 7. The State Department of Conservation and Natural Resources shall provide technical advice, support and assistance to the Commission. All state officers, departments, commissions and agencies, including the Department of Transportation,the Department of Human Resources, the University and Community College System ofNevada, the State Public Works Board, the Department of Motor Vehicles, the Department of Public Safety, the Public Utilities Commission of Nevada, the Transportation Services Authority and the State Department of Agriculture may also provide technical advice, support and assistance to the Commission. (Added to NRS by 1971, 1 192; A 1973,908, 1406, 1720; 1975, 1404; 1977, 1142, 1220, 1484, 1561; 1979,910, 1800; 1981, 1983; 1983,2089; 1985,424, 1991; 

### 1989, 1288, 171 5; 1989, 1288, 1715; 1993,404, 1623; 1995,579; 1997, 1998; 1999,3623;200 1,2616;2003,1564)

NRS 

### 445B.205 1445.4561 Department designated as State Air Pollution Control Agency. The Department is: 1. 

### Designated as the Air 

### Pollution Control Agency of the State for the purposes of the Federal Act insofar as it pertainsto stateprograms. 2. Authorized to take all action necessary or appropriate to secureto this statethe benefits ofthe Federal Act. (Added to NRS by 1971, 1139;A 1973,1813)-(Substituted in revision forNRS 445.456)

NRS 

### 445B.210 i445.4611 Powers of Commission.The Commission may:

### 1. Subject to the provisions of NRS 445B.2 15, adopt regulationsconsistentwith the general intent and purposes ofNRS 445B. 100to 4458.640, inclusive, to prevent, abate and control airpollution. 2. Establish standards for air quality. 3. 

### Require accessto records relatingto emissionswhich cause or contributeto air pollution. 4. Cooperatewith other governmental agencies,includingother states and the Federal Government. 5. Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution. 6. By regulation: (a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993,is on the federallist ofhazardous air pollutantspursuant to 42 U.S.C. 

## 3 7412(b); and (b) Delete fiom designation as a hazardous air pollutant any substance which, after October 1, 

### 1993, is deleted f?om the federal list ofhazardous air pollutantspursuant to 42 U.S.C. 

### 3 7412(b), bbased upon the Commission's determinationof the extent to which such a substance presents a risk to the public health. 7. Hold hearings to cany out the provisions of NRS 445B.100 to 445B.640, inclusive, except as otherwise provided in 

### those sections. 8. Establish fuel standards for both stationaryand mobile sources of air contaminants. Fuel standards for mobile

sources of air contaminants must be established to aclueve air quality standards that protect the health of the residentsof the Stateof Nevada. 9. Require eliminationof devices or practices which cannot be reasonably allowed without generation of undue
amountsof air contaminants. (Added to NRS by 1971, 1193;A 1973,1813; 1993,2852; 1997,3230)

NRS 

### 445B.220 l445.4711 Additional powers of Commission. In canying out the purposes ofNRS 445B.100to 445B.640, inclusive, the Commission, in additionto any other action which maybe necessaryor appropriateto cany out such purposes, may: 1. 

### Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties 

### in all matters relating to air pollution control 

### in preventing or controllingthe pollution ofthe air in any area. 2. Recommend measures for control of air pollution originatingin this state. (Added to NRS by 1971, 1194;A 

### 1973, 1814>--(Substituted in revision forNRS 445.471)

NRS 

### 445B.225 (445.4721Power of Commission to require testing of sources. The Commission may require the monitoring or source tests of existing or new stationarysources which can emit an air contaminant. (Added to NRS by 1973, 181OHSubstitutedin revision forNRS 445.472)

NRS 

### 445B.230 [445.473] Powers and duties of Department. The Department shall: 1. Make such determinations and issue such orders as may be necessary to implement the purposes of 445B.100 to 445B.640, inclusive. 2. Apply for and receive grants or other funds or gifts fiompublic orprivate agencies. 3. Cooperate and contractwith other governmental agencies, including other states and the Federal Government. 4. Conduct investigations,research and technical studies consistent with the general purposes ofNRS 445B. 100
to 445B.640, inclusive. 5. Prohibit as specifically provided in NRS 445B.300 and 445B.320 and 

### as generally provided in 

# a 445B.100 to 445B.640, inclusive, the installation, alteration or establishment of any equipment, device or other article capable of causing airpollution. 6. Require the submission of such preliminary plans and specifications and other information 

### as it deems necessary to processpermits. 7. Enter into and inspect at any reasonable time any premises containingan air contaminant source or a source under construction forpurposes of ascertainingcompliance with NRS 4458.100 to 445B.640, inclusive. 8. Specifythe manner in which incinerators may be constructed and operated. 9. Institute proceedings to prevent continued violation of any order issued by the Director and to enforce the provisionsofNRS 445B.100 to 445B.640, inclusive. 10. Requireaccess to records relating to emissionswhich cause or contribute to air pollution. 11. Take such action in accordance with the rules, regulations and orders promulgated by the Commission as may be necessary to prevent, abate and control airpollution. (Added to NRS by 1973,1808~Substituted in revision forNRS 445.473)

### NRS 445B.235 r445.4741 Additional powers of Department. In carrying out the purposes ofNRS 445B. 100 to 445B.640, inclusive, the Department may, if it considers it necessary or appropriate: 1. Cooperate with appropriate federal officers and agencies of the Federal Govenunent, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area. 

### 2. On behalf of this state, apply for and receive hndsmade available to the State for programs from any private

source or from any agency of the Federal Government under the Federal Act. All moneys received from any federal
agency or private source as provided in this section shall be paid into the State Treasury and shall be expended, under the direction of the Department, solely for the purpose or purposes for which the grant or grants have been made. 

### 3. Certify to the appropriate federal authority that facilities are in conformity with the state program and requirements for control of air pollution, or will be in conformity with the state program and requirements for control of air pollution if such facility is constructed and operated in accordance with the application for certification. 4. Develop measures for control ofair pollution originatingin the State. (Added to NRS by 1973, 1809t(Substituted in revision for NRS 445.474)



### NRS 445B.240 (445.4761 Power of representatives of Department to enter and inspect premises.

1. Any duly authorized officer, employee or representative of the Department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being constructed,installed or established at any reasonable time for the purpose of ascertaining the state of compliance with NRS 445B.100 to 445B.640, inclusive, and rules and regulations in forcepursuant thereto. 

### 2. No person shall: (a) Refuse entry or access to any authorized representative of the Department who requests entry forpurposes of inspection, as provided in this section,and who presents appropriatecredentials. 

### (b) Obstruct, hamper or interferewith any such inspection. 3. If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status. (Added to NRS by 1971, 1194;A 1973,1815j(Substituted in revision for NRS 445.476)



### NRS 445B.245 [445.477] Power of Department to perform or require test of emissions from stacks. The Departmentmay perform a stack source emissiontest or require the source owner or operatorto have such test made prior to approvalorprior to the continuanceof 

### an operatingpermit or similar class ofpermits. (Added to NRS by 1973, 1810;A 1975, 1405HSubstituted in revision for NRS 445.477)

LOCAL 

### HEARINGBOARD



### NRS 445B.275 [445.481] Creation; members; terms. 1. The governing body of any district, county or city authorized to operate an air pollution control program pursuant to NRS 445B. 100to 445B.640,inclusive, may appoint

### an air pollution control hearing board. 2. The air pollution control hearing board appointed by a county, city or health district must consist of seven members who are not employees of the State or any political subdivision of the State. One member of the hearing board must be an attorney admitted to practice law 

### in Nevada, one member must be a professional engineer licensed 

### in Nevada and one member must be licensed in Nevada as a general engineering contractor or a general building
contractor 

### as defined by NRS 624.215. Three must be appointed for a term of 1 year, three must be appointed for a term of 2 years and one must be appointed for a term of 3 years. Each succeeding term must be for a period of 

### 3
years. (Added toNRS by 1971,1195;A 1973,1815; 1975,1782; 1997,1068)

NRS 445B.280 [445.486] Attendance of witnesses athearing; contempt; compensation. 1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoenaissued by the chairmanofthe hearing. 2. In case of the refusal of any wimess to attend or testify or produce any papers required by such subpoenathe chairmanmay report to the district court in and for the county in which the hearing is held, by petition settingforth: (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;(b) That the witness has been subpoenaed in the manner prescribed in NRS 445B.100 to 445B.640, inclusive; and (c) That the witness has failed and refused to attend or produce the papers required by subpoena in the hearing named in the subpoena,orhas refused to answerquestions propounded to him in the course of such hearing, band aslung an order of the court compellingthe witness to attend and testify or produce the books or papers in the hearing. 3. The court, upon petition of the chairman, shall enter an order directing the wimess to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days fiom the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers in the hearing. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpoena

was regularly issued by the chairman, the court shall thereupon enter an order that the wimess appear in the hearing
at the time and place fmed in the order and testify or produce the required books or papers, and upon a failure to obey the order the witness shall be dealt with as for contemptof court. 4. Witnesses may be compensated in the amounts provided in NRS 50.225. (Added to NRS by 1971, 1195;A 1973, 1816HSubstituted in revision forNRS 445.486)

PROVISIONS FOR ENFORCEMENT

NRS 445B.300 [445.491]Operating permit for source of air contaminant; notice and approval of proposed construction; administrativefees; failure of Commission or Department to act. 1. The Commission shall by regulation: (a) Require the person operating or responsible for the existenceof each source of air contaminant, generallyor within a specified class or classes, to apply for and obtain an operating permit for the source. (b) Require that written notice be given to the Director before the construction, installation, alteration or establishment of any source of air contaminant or of any specified class or classes of such sources, or the alteration of any device intended primarily to prevent or reduce air pollution. If within the time prescribed by regulation the Director determinesthat: (1) The proposed construction, installation, alteration or establishment will not be in accordance with the provisions of the plans, specifications and other design material required to be submitted under NRS 445B.100 to 445B.640, inclusive,or applicable regulations;or (2) The design material or the constructionitself is of such a nature that it patently cannotbring such source into compliance with NRS 445B. 100 to 445B.640, inclusive, or applicable regulations, +the Director shall issue an order prohibiting the construction, installation,alteration or establishment of the source

or sources of air contaminant. 2. The Commission shall by regulation provide for: (a) The issuance,renewal, modification,revocation and suspension of operating permits, and charge appropriate fees for their issuance in an amount sufficient to pay the expenses of administering NRS 445B.100 to 445B.640, inclusive, and any regulations adoptedpursuant to those sections. (b) The issuance of authorizations for the issuance of building permitspursuant to paragraph (a) of subsection2 ofNRS 445B.320. 3. Any failure of the Commissionor the Department to issue a regulation or order to prohibit any act does not relieve the person so operating fiom any legal responsibility for the construction, operation or existence of the

source of air contaminant. 4. All administrative fees collected by the Commission pursuant to subsection 2 must be accounted for separately and deposited in the State General Fund for credit to the Account for the Management of Air Quality. This subsection does not apply to any fees collected by political subdivisions or their agencies. (Added to NRS by 1971, 1196; A 1973, 1816; l993,2853t(Substituted in revision for NRS 445.491)

NRS 445.493 Limitations on enforcement of regulations as to indirect sources and authority to review new indirect sources. 1. No regulation adoptedpursuant to any provision of NRS 445.401 to 445.601, inclusive, may be enforced as to indirect sources if it is more stringent with respect to the size cutoffs established for designated areas pursuant to the United States Clean Air Act of 1963and the rules and regulations adopted in furtherance thereof. 2. Except as provided in subsection3, if the United States Environmental Protection Agency delays the effective date for enforcement of its indirect source regulations beyond January 17, 1977,the authority of a state agency ordistrict board of health to review new indirect sources shall expire. Those projects approved prior to that date shall continueunder the guidelines established in their permit. 3. If the federal indirect source regulationsbecome effective after January 17, 1977,then: (a) The authorityof a state agency to review new indirect sources may be exercised only: (1) In the enforcementofthe federalindirect sourceregulations; and (2) To the extent enforcementby the state agencyisrequiredby the federal act. (b) The governing body of each county and each incorporated city may enforce within its jurisdiction the federal indirect source regulations or any indirect source regulations it adopts which are no more strict than the federal indirect source regulations, to the extent such local enforcement is not inconsistent with the requirements of the federal act. (Addedto NRS by 1975, 1781; A 1977, 1559)



### NRS 

### 445B.320 [445.496)Approval of plans and specifications required before construction or alteration of structure. 1. The Commission shall require, with respect to all sources of air contaminant, including indirect sources, that plans, specificationsand such other information as the Commission may direct be submitted to the Directornot later than a specified intervalbefore the construction or alteration of a building or other structure if such constructionor alterationincludes the establishmentoralterationof a source orindirect sourceof air contaminant. 2. The local government authority, if any, responsible for issuing any required building permit shall not issue such building permit: (a) Until the Departmenthas given its authorizationtherefor, pursuant to regulation ofthe Commission. (b) If a stop orderprohibiting such construction or alteration has been issued. (Added to NRS by 1971, 1197; A 1973, 1817; 1977, 1559; 1993, 2854)-(Substituted 

### in revision for NRS 445.496)



### NRS 

### 445B.340 (445.4981 Appeals to Commission: Notice of appeal.A party aggrieved may file notice of appeal with the Commissionwithin 10 days afterthe date of notice of action of the Department,except 

### as otherwise providedby law. (Added to NRS by 1973, 1809)-(Substituted in revision for NRS 445.498)



### NRS 

### 445B.350 1445.4991 Appealsto Commission: Hearings. 1. Within 20 days after receipt of the notice of appeal provided for 

### in NRS 4458.340, the Commission shall hold a hearing. 2. Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for the hearing. 

### 3. The Commission may sit en banc or inpanels ofthree ormore to conducthearings. 4. The attendanceof witnesses and the production of documents may be subpoenaed by the Commission at the request of any 

### party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shallbe taxed against the requesting party. 5. All testimony shallbe given under oath, and recorded verbatim by human or electronicmeans. 6. For the purpose ofjudicial review under NRS 445B.560, the parties may agree upon a statement of facts in lieu of a transcript oftestimony. 7. Costsoftranscribingproceedings ofthe Commission shallbe taxed againstthe requesting party. (Added to NRS by 1973, 1809j(Substituted in revision forNRS 445.499)



### NRS 

### 445B.360 (445.5011Appeals to Commission: Appealable matters; action by 

### Commission; regulations. 1. Any person aggrieved by: (a) The issuance, denial,renewal, modification, suspension or revocation of an operatingpermit; or (b)The issuance,modificationorrescission ofany other order, rbythe Director may appeal to the Commission. 2. The Commission shall affirm, modify or reverse any action taken by the Director which is the subject of the appeal. 3. The Commission shall provide by regulation for the time and manner in which appeals are to be taken to the Commission. (Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)-(Substituted in revision for NRS 445.501)

### VIOLATIONS

NRS 445B.450 1445.5261 Notice and order by Director; hearing; alternativeprocedures. 1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, he shall cause written notice to be served upon the person or persons responsible for the allegedviolation. 2. The notice shall specify: (a) The statute or regulation alleged to be violated; and (b)The facts alleged to constitutethe violation. 3. The notice may include an order to take corrective action within a reasonable time, whlch shall be specified. Such an orderbecomes finalunless, within 10days after serviceof the notice, a person named in the order requests a hearing before the Commission. 4. With or without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time s~ecified: (a) The Director may notify the person or persons responsible for the alleged violation to appear before the Commission at a specified time and place; or (b) The Commission may initiate proceedings forrecovery of the appropriatepenalty. 5. Notlung in this section prevents the Commission or the Director fiom malung efforts to obtain voluntary compliancethrough warning, conference or other appropriatemeans. (Added to

### NRS by 1971,1198;A 1973,1818; 

### l975,1405>--(Substituted in revision for

### NRS 445.526)



### NRS 

### 445B.460 1445.5291 Injunctive relief. 1. If, in thejudgment of the Director, any person is engagedin or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of

### NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to 

### NRS 445B.100 to 445B.640, inclusive, the Director may request that the Attorney General apply to the district court for an order enjoining the act or practice,or for an order directing compliance with any provision of

### NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to

### NRS 445B.100to 445B.640, inclusive. 2. If, in thejudgment of the control officer of a local air pollution controlboard, any person is engaged in or is about to engage in such an act or practice, the control officer may request that the district attorney of the county in which the act orpractice is being engagedin or is aboutto be engaged in apply to the districtcourt for such an order. 3. Upon a showing by the Director or the control officer that a person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be grantedby the court. (Added to

### NRS by 1973,1809;A 1993,2854;2001,1295)



### PROGRAM FOR CONTROL OFAIR POLLUTION

NRS 

### 445B.500 (445.5461Establishmentand administrationof program; contents of program; designation of air pollution control agency of county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cities and smaller counties; regulationof certain electric plants prohibited. 1. Except as otherwise provided in thssection and in

### NRS 445B.310: (a) The district board of health, countyboard of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administerthe program withln its jurisdiction unless superseded. (b) The program: (1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or stateregulation; (2) May, in a countywhose population is 400,000 or more, include requirements for the creation, receipt and exchangefor consideration of creditsto reduce and control air contaminants in accordance with

### NRS 445B.508; and (3) Must provide for adequate administration, enforcement, financing and staff. (c) The districtboard ofhealth, countyboard ofhealth or board of countycommissioners is designated asthe air pollution control agency of the county for the purposes of

### NRS 445B.100 to 445B.640, inclusive, and the Federal Act insofar 

### as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the countythe benefitsof the Federal Act.(d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.470, inclusive, 4458.560, 445B.570,445B.580 and 445B.640 are binding upon and inureto the benefit of local air pollution control authorities within their jurisdiction. 2. The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of 

# m, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon transferof authorityasprovided in NRS 4458.6 10. 3. In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independenthearing officer or hearing board its authority to determine violations and levy administrativepenalties for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or any regulation adoptedpursuant to those sections. If such a delegation is made, 17.5percent of anypenalty collected
must be deposited in the county treasury in an account to be administeredby the local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defiay the administrativeexpenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640, inclusive. The remainder ofthe penalty must be deposited 

### in the county school district fkdof the county where the violationoccurred. 4. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the State, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval ofthe Commission. 5. No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissionsfiom plants which generate electricityby using steam produced by the burning of fossil fuel. 6. For the purposes of this section, "plants which generate electricityby using steamproducedby the burning of fossil fuel" means plants that 

### bum fossil fuelsin a boiler to produce steam for the production of electricity.The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includesduct burners. (Added to NRS by 1971, 1199;A 1973,1819; 1975,1126,1782; 1977, 1559; 1979,546; 1985,291; 1991,2161; 1993, 175; 1997,1999; 1999,1976;2001,1296,1515; 2003,44)



### NRS 

### 445B.510 [445.551]Commissionmay require program for designated area. 

### 1. If the Commissionfmds that: (a) The location, character or extent of particular concentrations of population or sourcesofair contaminant; (b) Geographic, topographic or meteorological considerations; or (c)Any combinationofthese factors, bmakes impracticable the maintenance of appropriate levels of air quality without an areawide air pollution control program, it shall after apublic hearing define the area so affected. 2. If

### anareawide air pollution control program is not established by cooperative or interlocal agreementwithin a time specified by the Commission, the Commission shall establish such a program, which shall be a charge on the counties,and may supersede

### any local program within the area. (Added to NRS by 197 1, 1200)--(Substituted in revision forNRS 445.55 1)



### NRS 

### 445B.520 (445.5561Commissionmay establishor supersedecounty program. 1. If a county required to establish or participate 

### in an air pollution control program fails to do so, or if the Commissionbelieves that a program previously approved is inadequate, it shall hold a public hearing. If it findsthat

an adequateprogram has not been adopted or that a program has become inadequate, it shall fix a time within which necessary correctivemeasures are to be taken. 2. If the prescribed measures are not so taken, the Commission shall direct the Department to administer an adequate airpollution control program withthe county,which shallbe a charge on the county, and may supersede
any existing county airpollution controlprogram. (Addedto NRS by 1971, 1200;A 1973, 182O)--(Substituted in revision for NRS 445.556)



### NRS 

### 445B.530 [445.561]Commissionmay assume jurisdiction over specific classes of air contaminants. 1. If the Commission finds that the control of a particular class of sources of air contaminant because of its complexityor magnitudeis beyond the reasonable capabilityof one or more local air pollution control authorities, it
may assume and retainjurisdiction over that class in the county or counties so affected.2. Sources may be classified for the purpose of thls section on the basis of their nature or their size relative to the county in which they are located. (Added to NRS by 1971, 1200HSubstitutedin revision for NRS 445.561)



### NRS 445B.540 1445.5661 

### Restoration of superseded local program; continuation of existinglocal program. 1. A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a local airpollution controlprogram if suchprogram is approved

### as adequateby the Commission. 2. A district, county or city which has an air pollution control program in operation on July 1, 1971, may continue its program if withm 1 year after July 1, 1971,the program is approved as adequate by the Commission. Such approval shall be deemed granted unless the Commission specificallydisapproves the program after a public hearing. Nothing 

### in NRS 445B.100 to 445B.640, inclusive, is to be construed as invalidating any rule, regulation, enforcement action, variance,permit, cease and desist order, compliance schedule, or any other legal action taken by any existing air pollution control authoritypursuant to former NRS 445.400 to 445.595, inclusive, on or before July 1, 1971,unless it is specifically repealed, superseded or disapproved,pursuant to NRS 445B.2 15. (Added to NRS by 1971, 1200+(Substituted in revision for NRS 445.566)



### MISCELLANEOUS PROVISIONS

NRS 445B.560 I455.571) 

### Plan orprocedure for emergency. 1. The Commission may provide by rules and regulations for alert, warning, and emergency standards and abatement procedures relative to air pollution episodes or emergencies constituting, or likely to constitute, an imminent and substantial danger to the health ofpersons. 2. Any person responsible for the operation of a source of air contaminants whlch is designatedby the Director shall prepare and submit emergency plans for reducing or eliminatingthe emissions of air contaminants during such periods of air stagnation or air pollution episodes or emergencies 

### as may be declared by the Director. The emergency plans shall be subject to review and approval by the Director. If, in the opinion of the Director, an emergency plan does not effectively carry out the objective of reducing or eliminating the emissions of air contaminants during periods of air stagnationor air pollution episodes or emergencies, the Director shall disapprove it, state the reason for disapproval,and order the preparation and submission of an amended emergency plan within the time period specified in the order. If an approvable emergency plan is not prepared and submitted within the time period specified 

### in the order, the Director shall issue an emergency plan applicable to that person. Persons subject to the emergency plan shall obey the plan during periods of air stagnation or air pollution episodes or emergencies declaredby the Director. The provisions ofNRS 445B.360 with respect to appeals do not apply to this subsection. 3. Any other provisions of law to the contrary notwithstanding,if the Director finds that a generalized condition of air pollution exists or that emissions fiom one or more air contaminant sources occur and that the condition or sources create, or are likely to create, an imminent and substantial danger to health requiring immediate action to protect human health and safety, the Director shall order persons causing or contributing to the air pollution or responsible for the operation of the source to reduce or discontinue immediatelythe emission of air contaminants. Any person subjectto the order may appeal directly to the district court or request ahearing before the Commission. 4. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration. (Added to NRS by 1971, 1201;A 1973, 1820HSubstituted in revision for NRS 445.571)



### NRS 445B.570 (445.5761 

### Confidentiality and use of information obtainedby Department; penalty. 1. Any information which the Department obtains in the course of the performance of its dutiespursuant to the provisions of this chapter is public information unless otherwise designated as confidential~nformation pursuant to the provisionsofthis section. 

### 2. The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a hazardous air pollutant by regulation of the Commission cannot be certified as being confidential. 3. Any confidential information received by the Commission, the Director or any local control authority which is certifiedin writing to the recipient as confidentialby the owner or operatordisclosing the information and verified and approved in writing as confidential by the recipient must, unless the owner expressly agrees to itspublication or availabilityto the public, be used only: (a) In the administration or formulationof airpollution controls; (b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmospherewhich do not identify any owner or operatoror reveal any confidential information;or(c) In complying with federal statutes,rules and regulations. 4. This section does not prohbit the use of confidential information in a prosecution for the violation of any statute,ordinance or regulation for the control of airpollution. 5. A person who discloses or knowinglyuses confidential information in violation of this section is guilty of a misdemeanor, and is liable in tort for any damages which may result from such disclosureoruse. 6. As used in this section, "confidential information" means information or records which: (a) Relate to dollar amounts ofproductionor sales; 

### (b)Relate to processes or productionunique to the owner or operator; or (c) If disclosed, would tend to affect adversely the competitiveposition of the owner or operator. (Added to NRS by 1971, 1201; A 1973, 1821; 1975, 1405; 1993, 2855)-(Substituted in revision for NRS 445.576)



### NRS 445B.580 I445.5811 Officer ofDepartmentmay inspect or search premises; search warrant. 1. It is a condition of the issuance of any operating permit required by the Commissionor pursuant to any local ordinance for the control of air pollution that the holder of the operating permit agrees to pennit inspection of the premises to which the pennit relates by any authorized officer of the Department at any time during the holder's hours of operation without prior notice. This condition must be stated on each application form and operating pennit. 2. If a sourceof air contaminant exists or is constructed or operated without an operating permit, such an officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or before attempting to enter, such an officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if he believes from the supporting affidavit or affidavitsthat there isprobable cause to believe that

a sourceofair contaminant exists or is being constructed or operated on the premises to be searched. (Added toNRS by 1971,1202;A 1973, 1822; l993,2855)-(Substituted in revisionfor NRS 445.581)



### NRS 445B.595 (445.5861 Governmental sources of air contaminants to comply with state and local provisions regarding air pollution; permit to set fire for training purposes; planning and zoning agencies to consider effects on quality of air. 1. Except as otherwise provided by subsection 2, all governmental sources of air contaminants shall comply with all local and state airpollution laws, regulations and ordinances. 2. A fire department, county fire protection district, fire protection training academy or training center may, after obtaining a permit for a specific site, set a tire at that site for training purposes so long 

### as the site is not within

an area in which an air pollution episode or emergency constituting, or likely to constitute, 

### an imminent and substantial danger to the health of persons exists. The permit must be obtained from: (a) The county airpollution control agency, if one has been designatedpursuantto NRS 445B.500; or (b) The Director, if an agencyhas not been so designated. 

### 3. All planning commissions, zoning boards of adjustment, and governing bodies of unincorporated towns, incorporated cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other
statutes relating to planning and zoning consider the effects of possible air pollution and shall submit to the Departmentfor evaluationa concise statementofthe effects on air qualityby complex sources. (Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1989, 584)-(Substituted in revision for NRS 445.586)



### NRS 445B.600 1445.5961 Private rights and remedies not affected.NRS 445B.100 to 445B.595, inclusive, does not abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courtsofthis state or the courtsof the United Stateson a tort claim against the United Statesor a federal agency as authorized by federal statutes. (Added to NRS by 1971,1202;A 1985,292)+Substituted in revision for NRS 445.596)



### NRS 445B.610 1445.5981 Provisions for transitionin administration. 1. All rules, regulations and standards promulgated by the State Commission of Environmental Protection pertaining to air pollution control in force on July 1, 1973, shall remain in effect until such time as revised by the StateEnvironmental Commission pursuant to NRS 445B.100 to 445B.640, inclusive. 2. Any and all action taken by the State Commission of Environmental Protection, including but not limited to existing orders, notices of violation, variances, permits, cease and desist orders and compliance schedules, shall remain in full force and effect and binding upon the State Environmental Commission, the Director, the Department and all persons to whom such action may apply on or after July 1, 1973.3. In the event that a local air pollution control program described in NRS 445B.500 istransferred in whole or in part from an existing air pollution control agency to another agency, all rules and regulations adopted by the existing agency may be readopted as amended to reflect the transfer of authorities by the new agency immediatelyupon such transfer, and the provisions ofNRS 445B.215 shall not apply to such readoption. 4. If a transfer of local authority as described in subsection 3 occurs, all orders, notices of violation, variances,

cease and desist orders, compliance schedules and other legal action taken by the existing air pollution control board, control officer,or hearing board shall remain in full force and effect, and shall not be invalidated by reason of such transfer. (Added to NRS by 1973, 1810t-(Substituted in revision forNRS 445.598)



### PENALTIES

NRS 445B.640 [445.601] Levy and disposition of administrative fines; additional remedies available; penalty. 1. Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation 

### in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shallpay an admhstrative fine levied by the Commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense. 2. The Commission shallby regulation establish a scheduleof administrative fines not exceeding $500 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto. 3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, by injunction or other appropriate remedy, and the Commission or the Director may institute and maintain in the name of the State of Nevada any such enforcement proceedings. 4. Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor.The provisions of this subsectiondonot apply to persons found by the court to be indigent. 5. All administrative fines collected by the Commissionpursuant to this section must be depositedin the county school district fund ofthe county where the violation occurred. (Addedto NRS by 1971, 1202; A 1973,1822; 1975, 1406; 1977,70; 1989,736; 1993,2856; 1997, 1080)

# TITLE 0 

# - PRELIMINARY CHAPTER

GENERAL PROVISIONS

NRS 0.039 

### "Person" defined. Except as otherwise expressly provided in a particular statute or required by the context, "personn means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency or political subdivision of a government. (Added to

### NRS by 1985,499)