ENCLOSURE 2 

State of Nevada 

Applicable State Implementation plan1 

January 16,2008 

1 This is the ASIP to the best of NDEP 's knowledge; it may vary somewhat from the U.S. EPA version. A proposed updated/replacement ASIP was submitted to I EPA on February 16,2005 with revisions on January 12, 2006, December 8, 2006, June 26, 2007 and August 20, 2007. i%is "current" ASIP incorporates all of 

EPA 'sfinal actions on NDEP's submittals through January 16, 2008: the 3/27/06, 12/11/06, 4/20/07 and 5/8/07 FR actions and the IN, 5/8, and 11/2/07 

rescissions. 

Approved Reference: State Implementation Plan 

Text of Regulations and Articles: 

Definitions. As used in NAC 4458.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation 

unless the context otherwise requires, the words and terms defined in NAC 4458.002 to 445B.211, inclusive, and 

sections 2 to 5, inclusive, of this regulation* have the meanings ascribed to them in those sections. 

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

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

R040-0 1, 10-25-2001 ; R103-02, 12-17-2002) 

*NOTE: Sections 2 to 5 were codified 01/2007 as NAC 445B.054,445B.064,445B.083 and 445B.107, respectively. 

"Acid mist" defined. 

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

Appendix A, or an equivalent or alternative method. 

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

"Act" defined. "Act" means the Clean Air Act, 42 U.S.C. $8 7401 et seq., as amended. 

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

445.432) 

"Administrator" defined. "Administrator" means the Administrator of the United States Environmental Protection 

Agency or the Administrator's representative or delegate. 

[Environmental Comm'n, Air Quality Reg. 8 1.2.5, eff. 10-16-801-(NAC A 10-14-82)-(Substituted in revision for 

NAC 445.433) 

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

apparatus to which a standard is applicable. 

[Environmental Comm'n, Air Quality Reg. 5 1.3, eff. 12-4-76; A 8-28-791-(NAC A 10-22-87; 10-30-95) 

"Affected source" defined. "Affected source" means a stationary source subject to the requirements relating to acid 

Article # 

Cite: 40 CFR 

§ 52.1470 

Subpart DD 

71FR15040 

3/27/2006 

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

71FR15040 

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7 lFR15040 

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71FR15040 

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71FR15040 

NAC # 

445B.001 

(Superseded 

445.430) 

445.43 1 

445B.002 

(Superseded 

445.432) 

4458.004 

(Superseded 

445.433) 

445B.005 

(Superseded 

445.434) 

445B.006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

3/27/2006 

71FR15040 

3/27/2006 

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

71FR15040 

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7 1FR7 1486 

1211 112006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

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

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

71FR15040 

3/27/2006 

(c)(2 5)(i)(A) 

State Implementation Plan 

Text of Regulations and Articles: 

rain set forth in 42 U.S.C. $5 765 1 to 765 lo, inclusive. 

(Added to NAC by Environmental Cornm'n, 12-13-93, eff. 1 1-15-94; A 10-30-95; R040-01, 10-25-2001) 

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

interior of a building or structure. 

[Environmental Cornm'n, Air Quality Reg. (j 1.1, eff. 1 1-7-75; renumbered as 8 1.4, 12-4-76; A 8-28-791- 

(Substituted in revision for NAC 445.435) 

"Air contaminant" defined. 

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

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

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

[Environmental Cornm'n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as 8 1.6, 12-4-76; A 8-28-791- 

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

"Alternative method" defined. "Alternative method" means any method of sampling and analyzing for a regulated air 

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

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

[Environmental Comm'n, Air Quality Reg. $ 1.7, eK 12-4-76; A 8-28-791-(NAC A 10-30-95) 

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

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

[Environmental Comm'n, Air Quality Reg. (j 1.4, eff. 11-7-75; renumbered as (j 1.9, 12-4-76; A 8-28-791-(NAC A 

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

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

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

5 1.13, 8-28-791-(Substituted in revision for NAC 445.444) 

"Barite" defined. 

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

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

"Barite grinding mill" defined. 

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

[Environmental Cornm'n, Air Quality Reg. Art. 1 5 2, eff. 1-25-79] 

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

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

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

[Environmental Comm'n, Air Quality Reg. 5 1.9, eff. 1 1-7-75; A and renumbered as (j 1.2 1, 12-4-761-(NAC A 10- 

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

"Calcine" defined. 

Approved 

Article # 

Reference: 

NAC # 

445B.009 

(Superseded 

4458,435) 

445.436 

445B.011 

(Superseded 

445.437) 

4458.015 

(Superseded 

445.439) 

445B.0 18 

(Superseded 

445.44 1) 

4458.022 

(Superseded 

445.444) 

445.445 

445.447 

445B.030 

(Superseded 

445.457) 

445.458 
Approved 

Article # 

1.36 

1.42 

1.43 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

"Coal" defined. 

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

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

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

"Colemanite" defined. 

"Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca2B6011, 5Hz0, and 

which is normally white or colorless. 

[Environmental Cornrn'n, Air Quality Reg. Art. 1 9 2, eff. 1 1 - 17-78] 

"Colemanite processing plant" defined. 

"Colemanite processing plant" means a facility whlch has thecapability of treating colemanite ore for the production of 

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

calcining as required and loading. 

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

'Combustible refuse" defined. "Combustible refuse" means any waste material whch can be consumed by 

combustion. 

[Environmental Comm'n, Air Quality Reg. 4 1.1 1, eff. 1 1-7-75; renumbered as 9 1.35, 12-4-761-(Substituted in 

revision for NAC 445.472) 

Commenced. With respect to the definition of "new source" in section I1 l(a)(2) of the Act, that an owner or operator 

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

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

modification. 

'Commissionn defined. "Commission" has the meaning ascribed to it in NRS 445B. 120. 

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

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

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

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

property. 

'Continuous monitoring system" defined. "Continuous monitoring system7' means the equipment required for 

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

record of emissions or process parameters. 

[Environmental Comm'n, Air Quality Reg. rj 1.44, eff. 12-4-76; A 12-1 5-771-(Substituted in revision for NAC 

445.480) 

Reference: 

NAC # 

445.464 

445.470 

445.471 

445B.042 

(Superseded 

445.472) 

445B.0425 

(Superseded 

Article 1.3 8) 

4458.047 

(Superseded 

445.480) 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

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

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

71FR15040 

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(c)(l4)(viii) 

71FR15040 

3/27/2006 

(c)(14)(viii) 

(c)(14)(viii) 

71FR15040 

3/27/2006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

7 1FR15040 

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

7 1FR15040 

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(c)(l4)(vii) 

7 lFR15040 

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71FR15040 

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71FR15040 

State Implementation Plan 

Text of Regulations and Articles: 

"Converter" defined. 

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

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

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

[Environmental Comm'n, Air Quality Reg. 8 1.51, eff. 12-4-761-(NAC A 10-22-87)-(Substituted in revision for 

NAC 445.486) 

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

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

enforce local air pollution control ordinances and regulations. 

[Environmental Cornm'n, Air Quality Reg. 8 1.19, eE 11-7-75; renumbered as 8 1.53, 12-4-76; A 12-1 5-771- 

(Substituted in revision for NAC 445.488) 

"Dryer" defined. 

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

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

eliminated in the facility. 

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

"Effective date of the program" defined. "Effective date of the program" means the date on which the Administrator 

approves the program. 

(Added to NAC by Environmental Comm'n, eff. 12-13-93b(Substituted in revision for NAC 445.49 15) 

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

in NRS 233B.070. 

"Emergency" defined. "Emergency" means any situation arising from a sudden and reasonably unforeseeable event 

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

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

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

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

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

(Added to NAC by Environmental Comm'n, 12-13-93, eff. 1 1-1 5-94b(Substituted in revision for NAC 445.4955) 

"Emission" defined. 

1. "Emission" means the act of passing into the atmosphere a regulated air pollutant or a gas stream whlch contains, 

or may contain, a regulated air pollutant. 

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

[Environmental Comm'n, Air Quality Reg. 5 1.22, eE 11-7-75; renumbered as 8 1.65, 12-4-761-(NAC A by 

R105-97, 3-5-98) 

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

Approved 

Article # 

1.60 

Reference: 

NAC # 

445.482 

445B.05 1 

(Superseded 

445.486) 

445B.053 

(Superseded 

445.488) 

445.492 

445B.055 

445B.056 

4458.058 

(Superseded 

445.499) 

4458.059 
Cite: 40 CFR 

8 52.1470 

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71FR15040 

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7 1FR7 1486 

1211 112006 

71FR71486 

1211 112006 

(c)(l4)(viii) 

c)(l4)(viii) 

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

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

State Implementation Plan 

Text of Regulations and Articles: 

any regulated air pollutant. 

[Environmental Cornm'n, Air Quality Reg. 9 1.57.5, eff 10-1 6-801-(NAC A 10-22-87; 3-29-94, eff. 1 1-1 5-94; 1 O30-95) 

"Enforceablen defined. "Enforceable" means enforceable under federal, state or local law. 

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

"EPAn defined. "EPA" means the United States Environmental Protection Agency. 

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

"Equivalent methodn defined. "Equivalent method" means any method of sampling and analyzing for a regulated air 

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

relationshp to the reference method under specified conditions. 

[Environmental Comm'n, Air Quality Reg. 8 1.67, eff. 12-4-76]--(NAC A 10-30-95) 

"Excess emissionsn defined. "Excess emissions" means any emission which exceeds any applicable emission 

limitation prescribed by NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation,* or 

that is contained in an operating permit. The averaging time and test procedures for determining excess emissions must 

be as specified in the relevant condition or conditions of the operating permit, except that this does not preclude the 

use, including the exclusive use, of any credible evidence or information relevant to the determination of whether a 

source would have been in compliance with the applicable requirements if the appropriate performance or compliance 

test or procedure had been performed to determine excess emissions. 

[Environmental Cornm'n, Air Quality Reg. Art. 1 8 1, eff. 8-29-791-(NAC A 10-22-87; 12-13-93)-(Substituted in 

revision for NAC 445.504) 

*NOTE: Sections 2 to 5 were codified 01/2007 as NAC 445B.054,445B.064,445B.083 and 4458.107, respectively. 

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

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

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

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

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

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

these regulations shall be reclassified as a "new source". 

"Floating roof' defined. 

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

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

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

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

"Fossil fuel" defined. 

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

Approved 

Article # 

1.72 

1.73 

Reference: 

NAC # 

(Superseded 

445.500) 

445B.060 

4458.06 1 

445B.062 

(Superseded 

445.501) 

4458.063 

(Superseded 

445.504) 

445.5 12 

445.513 
Cite: 40 CFR 

5 52.1470 

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71FR15040 

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71FR15040 

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71FR71486 

1211 112006 

71FR15040 

3/27/2006 

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

71FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

materials for the purpose of creating useful heat. 

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

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

energy. 

[Environmental Comm'n, Air Quality Reg. $ 1.28, efE 11-7-75; renumbered as $ 1.82, 12-4-761-(NAC A 10-22- 

87',(Substituted in revision for NAC 445.5 16) 

'Fuel-burning equipment" defined. "Fuel-burning equipment" means: 

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

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

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

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

[Environmental Comm'n, Air Quality Reg. $4 1.29-1.29.2, eff. 1 1-7-75; renumbered as $ 1.85, 12-4-761-(NAC A 

9- 19-90)-(Substituted in revision for NAC 445.5 17) 

'Fugitive dustn defined. "Fugitive dust" means emissions of solid, airborne particulate matter which could not 

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

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

as 9; 1.75, 10-16-801--(NAC A 3-29-94, eff. 1 1-15-94)-(Substituted in revision for NAC 445.520) 

"Fugitive emissions" defined. "Fugitive emissions" means emissions of any regulated air pollutants, including 

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

[Environmental Comm'n, Air Quality Reg. 4 1.75.5, eff. 10-16-801-(NAC A 3-29-94, eff. 11-15-94; 10-30-95) 

'Garbagen defined. "Garbage" means putrescible animal or vegetable refuse. 

[Environmental Comm'n, Air Quality Reg. $ 1.3 1, eff. 1 1-7-75; renumbered as Q 1.89, 12-4-761-(Substituted in 

revision for NAC 445.525) 

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

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

"Incineratorn defined. "Incinerator" means an engineered apparatus capable of withstanding heat and designed to 

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

or no combustible material. 

[Environmental Comm'n, Air Quality Reg. $ 1.33, eff. 1 1-7-75; renumbered as $ 1.98, 12-4-76]-(Substituted in 

revision for NAC 445.533) 

"Lead" defined. 

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

[Environmental Comm'n, Air Quality Reg. 1.10 1, eff. 12-4-76; A and renumbered as 1.98,8-28-79] 

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

air pollution control agency approved by the Commission. 

Approved 

Article # 

Reference: 

NAC # 

445B.072 

(Superseded 

445.516) 

445B.073 

(Superseded 

445.5 17) 

445B.075 

(Superseded 

Article1.86) 

445B.077 

4458.080 

(Superseded 

445.525) 

445B.084 

445B.086 

(Superseded 

445.533) 

445.536 

4458.091 

(Superseded 
Approved 

Article # 

1.92 

1.104 

1.109 

State Implementation Plan 

Text of Regulations and Articles: 

[Environmental Comm'n, Air Quality Reg. 9 1.36, eff. 1 1-7-75; renumbered as 9 1.103, 12-4-76; A and renumbered 

as Q; 1.99, 8-28-791-(Substituted in revision for NAC 445.537) 

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

be prepared which reflects: 

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

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

achievable; or 

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

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

emission standard established in these regulations. 

Major stationary source. Any building, structure, facility, or installation which emits or may emit any air contaminant 

and which contains one or a combination of the following: 

1. affected facilities; 

2. existing facilities; 

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

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

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

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

are not considered malfunctions. 

[Environmental Comm'n, Air Quality Reg. 9 1.105, eff. 12-4-76; A and renumbered as 9 1.10 1,8-28-791- 

(Substituted in revision for NAC 445.542) 

"Maximum allowable throughput" defined. "Maximum allowable throughput" means: 

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

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

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

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

(Added to NAC by Environmental Comrn'n, eff. 10-22-87>-(Substituted in revision for NAC 445.5435) 

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

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

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

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

and process parameters which is required pursuant to 42 U.S.C. $9 7401 to 7671q, inclusive, or NAC 445B.001 to 

4458.601, inclusive, or as a condition of an operating pennit. 

[Environmental Comm'n, Air Quality Reg. 9 1.1 10, eff. 12-4-761-(NAC A 3-29-94, eff. 1-1 1-96; 10-30-95, eff. 1 - 

1 1-96+(Substituted in revision for NAC 445.548) 

Reference: 

NAC # 

445.537) 

4458.095 

(Superseded 

445.542) 

4458.097 

4458.103 

(Superseded 

445.548) 

Cite: 40 CFR 

8 52.1470 

Subpart DD 

(c)(16)(i) 

(c) 14)(viii) 

7 1 FR15040 

3/27/2006 

71FR15040 

3/27/2006 

(c)(14)(viii) 

71FR15040 

3/27/2006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR15040 

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(c)(l4)(viii) 

71FR15040 

3/27/2006 

71FR15040 

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71FR15040 

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71FR15040 

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7 lFR15040 

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71FR15040 

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71FR15040 

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State Implementation Plan 

Text of Regulations and Articles: 

'Multiple-chamber incinerator" defined. "Multiple-chamber incinerator" means any article, machme, equipment 

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

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

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

to be burned. 

[Environmental Comm'n, Air Quality Reg. (j 1.39, eff. 11-7-75; renumbered as (j 1.1 13, 12-4-761-(Substituted in 

revision for NAC 445.549) 

New source. Equipment, machines, devices, articles, contrivances, or facilities built or installed on or after the 

effective date of these regulations. 

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

methods approved by the EPA. 

[Environmental Comm'n, Air Quality Reg. (j 1.1 16, eff. 12-4-761-(NAC A 3-29-94, eff. 1 1-1 5-94)-(Substituted 

in revision for NAC 445.552) 

'Nonattainment area" defined. 'Wonattainment area" means, for any regulated air pollutant, an area: 

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

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

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

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

[Environmental Comm'n, Air Quality Reg. (j 1.103, eff. 5-7-801-(NAC A 3-29-94, eff. 11-15-94; 10-30-95) 

'Nonroad engine" defined. 'Nonroad engine" has the meaning ascribed to it in 40 C.F.R. (j 89.2, as that section 

existed on December 3 1, 1997. 

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

'Nonroad vehicle" defined. 'Nonroad vehicle" has the meaning ascribed to it in 40 C.F.R. (j 89.2, as that section 

existed on December 3 1, 1997. 

(Added to NAC by Environmental Comm'n by R 1 17-00, eK 6- 1-200 1) 

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

smell. 

[Environmental Comm'n, Air Quality Reg. (j 1.43, eff. 1 1-7-75; renumbered as (j 1.1 18, 12-4-761-(NAC A 10-30- 

95) 

'One-hour period" defmed. "One-hour period" means any 60-minute period. 

[Environmental Comrn'n, Air Quality Reg. (j 1.1 19, eff. 12-4-761-(NAC A 10-22-87)-(Substituted in revision for 

NAC 445.556) 

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

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

in shades of white to gray. 

Approved 

Article # 

1.114 

Reference: 

NAC # 

445B.106 

(Superseded 

445.549) 

4454B. 109 

(Superseded 

445.552) 

445B.112 

445B. 113 

445B.1135 

445B. 1 16 

(Superseded 

445.555) 

445B.119 

(Superseded 

445.556) 

445B.121 

(Superseded 

445.557) 
Approved 

Article # 

State Implementation Plan 

Text of Regulations and Articles: 

Opacity Ringelmann 

(Percent) Number 

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

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

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

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

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

[Environmental Comm'n, Air Quality Reg. $ 1.44, eff. 1 1-7-75; renumbered as jj 1.1 20, 12-4-761-(Substituted in 

revision for NAC 445.557) 

'Open burning" defined. "Open burning" means any fire from which the products of corqbustion are emitted into the 

atmosphere without passing through a stack or chimney. 

[Environmental Comm'n, Air Quality Reg. $ 1.45, eff. 1 1-7-75; renumbered as 9 1.2 1, 12-4-761-(Substituted in 

revision for NAC 445.558) 

"Operating permit" defined. 

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

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

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

'Ore" defined. "Ore" means a natural combination of minerals from which a metal can be extracted. 

[Environmental Comm'n, Air Quality Reg. Art. 1 $ 3, eff. 1 1-17-781-(Substituted in revision for NAC 445.560) 

'Owner or operator" defined. "Owner or operator" means any person who owns, leases, operates, controls or 

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

[Environmental Comm'n, Air Quality Reg. 8 1.123, eK 12-4-761-(Substituted in revision for NAC 445.56 1) 

'Particulate matter" defined. "Particulate matter" means any material except uncombined water that exists in a 

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

[Environmental Comm'n, Air Quality Reg. jj 1.47, eff. 1 1-7-75; renumbered as (j 1.124, 12-4-761-(Substituted in 

revision for NAC 445.562) 

'Pathological wastesn defined. "Pathological wastes" means human and animal remains consisting of carcasses, 

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

[Environmental Comm'n, Air Quality Reg. 5 1.48, eff. 1 1-7-75; renumbered as $ 1.125, 12-4-761-(NAC A 10-30- 

9 5) 

NAC 445B.134 'Person" defined. "Person" has the meaning ascribed to it in NRS 0.039 and includes the 

Reference: 

NAC # 

4458.122 

(Superseded 

445.558) 

445.559 

445B. 125 

(Superseded 

445.560) 

445B. 127 

(Superseded 

445.561) 

445B. 129 

(Superseded 

445B.562) 

445B. 130 

(Superseded 

445.563) 

4458.134 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

7 1FR15040 

3/27/2006 

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

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

72FR1980 1 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

4/20/2007 

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

7 1FR15040 

3/27/2006 

(c)(l4(viii) 

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

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

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

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

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

State Implementation Plan 

Text of Regulations and Articles: 

State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations. 

[Environmental Comm'n, Air Quality Reg. § 1.49, eff. 1 1-7-75; renumbered as § 1.126, 12-4-761-(NAC A by 

R15 1-06,9-18-2006) 

"Petroleum" defined. 

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

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

UPMI,," defined. "PM,,," means any particulate matter in the atmosphere with an aerodynamic diameter less than or 

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

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

(Added to NAC by Environmental Cornm'n, eff. 12-26-91b(Substituted in revision for NAC 445.5655) 

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

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

40 CFR 5 1, Appendix C. 

"Portland cement plant" defined. 

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

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

"Precious metal" defined. 

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

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

"Precious metal processing plant" defined. 

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

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

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

UProcess equipmentn defined. "Process equipment" means any equipment used for storing, handling, transporting, 

processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.60 1, 

inclusive, as fuel-burning equipment or incinerators. 

[Environmental Comm'n, Air Quality Reg. § 1.52, eff. 1 1-7-75; renumbered as $ 1.140, 12-4-761-(Substituted in 

revision for NAC 445.58 1) 

UProcess weightn defined. "Process weight" means the total weight of all materials introduced into an emission unit 

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

of the fuel. 

[Environmental Comm'n, Air Quality Reg. § 1.50, eff. 1 1-7-75; renumbered as 5 1.143, 12-4-76; A and renumbered 

as $ 1.140, 8-28-791-(NAC A 10-30-95) 

"Process weight rate" defined. 

Approved 

Article # 

1.131 

Reference: 

NAC # 

(Superseded 

445.564) 

445.565 

445B. 135 

445.570 

445.574 

445.575 

445B. 144 

(Superseded 

445.58 1) 

445B.145 

(Superseded 

445.584) 

445.585 
Cite: 40 CFR 

52.1470 

Subpart DD 

71FR15040 

3/27/2006 

7 1FR15040 

312712006 

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

71FR71486 

1211 112006 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

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

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

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

period. 

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

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

[Environmental Comm'n, Air Quality Reg. 1.51 -1.51.3, eff. 1 1-7-75; renumbered as 1.144, 12-4-76; A and 

renumbered as 1.14 1, 8-28-79] 

'Reference conditionsn defined. "Reference conditions" means that all measurements of ambient air quality are 

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

1,O 1 3.2 millibars) of mercury. 

[Environmental Comm'n, Air Quality Reg. S) 1.53, eff. 1 1-7-75; A and renumbered as $ 1.147, 12-4-76; A and 

renumbered as 4 1.144,8-28-791-(NAC A 10-22-87f-(Substituted in revision for NAC 445.589) 

"Reference methodn defined. "Reference method" means any method of sampling and analyzing for a regulated air 

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

[Environmental Comm'n, Air Quality Reg. $ 1.148, eff. 12-4-76; A and renumbered as S) 1.145, 8-28-791-(NAC A 

10-30-95) 

"Registration certificate" defined. 

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

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

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

445.71 1, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with and 

constitutes approval of location and for construction. 

[Environmental Comm'n, Air Quality Reg. 1.55, eff. 1 1-7-75; renumbered as 1.15 1, 12-4-76; A and renumbered as 

1.147, 8-28-79] 

'Regulated air pollutant" defmed. "Regulated air pollutant" means: 

1. Nitrogen oxides or any volatile organic compounds; 

2. Any pollutant subject to: 

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

Administrator; 

(b) A standard or requirement adopted pursuant to 42 U.S.C. 5 74 1 1; or 

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

3. Any Class I or Class I1 substance subject to a standard adopted pursuant to 42 U.S.C. $5 767 1 to 767 lq, inclusive; or 

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

Approved 

Article # 

Reference: 

NAC # 

445B. 15 1 

(Superseded 

445.589) 

445B.152 

(Superseded 

445.590) 

445.592 

445B. 153 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

7 1 FR15040 

3/27/2006 

7 1 FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

(c)(14)(viii) 

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

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

State Implementation Plan 

Text of Regulations and Articles: 

under 42 U.S.C. (i 74 12 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent or 

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

(Added to NAC by Environmental Comm'n, 12-13-93, eff. 1 1-15-94; A 10-30-95) 

"Roaster" defined. 

"Roaster" means: 

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

more of the sulfur contained in the charge; or 

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

or more of the sulfur contained in the charge. 

[Environmental Common, Air Quality Reg. 1.156-1.157, eff. 12-4-76] 

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

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

[Environmental Comm'n, Air Quality Reg. 9 1.159, eff. 12-4-761-(Substituted in revision for NAC 445.599) 

"Salvage operationn defined. "Salvage operation" means any operation conducted in whole or in part for the 

salvaging or reclaiming of any product or material. 

[Environmental Comm'n, Air Quality Reg. (i 1.157, eff. 1 1-7-75; renumbered as (i 1.16 1, 12-4-761-(Substituted in 

revision for NAC 445.601) 

"Shutdownn defined. "Shutdown" means the cessation of operation of an affected facility for any purpose. 

[Environmental Comm'n, Air Quality Reg. (i 1.166, eff. 12-4-761-(Substituted in revision for NAC 445.606) 

"Single-chamber incinerator" defined. "Single-chamber incinerator" means an incinerator with one chamber that 

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

the State Department of Conservation and Natural Resources. 

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

791-(Substituted in revision for NAC 445.612) 

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

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

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

"Six-minute period" defined. 

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

[Environmental Comm'n, Air Quality Reg. 1.175, eff. 12-4-76] 

"Slag" defined. 

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

ore. 

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

Approved 

Article # 

1.171 

Reference: 

NAC # 

445.597 

445B. 16 1 

(Superseded 

445.599) 

445B. 163 

(Superseded 

445.601) 

445B. 167 

(Superseded 

Article 1.166) 

445B. 168 

(Superseded 

445.6 12) 

445.617 

445.618 
Cite: 40 CFR 

8 52.1470 

Subpart DD 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

(c)(l4)(viii) 

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

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

State Implementation Plan 

Text of Regulations and Articles: 

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

other combustible material, resulting from incomplete combustion. 

[Environmental Comm'n, Air Quality Reg. $ 1.59, eff. 1 1-7-75; renumbered as $ 1.179, 12-4-761-(Substituted in 

revision for NAC 445.62 1) 

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

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

noncombustible materials such as glass and rock. 

[Environmental Comm'n, Air Quality Reg. (j 1.176, eff. 12-4-761-(Substituted in revision for NAC 445.622) 

Approved Reference: 

Article # NAC # 

445B. 174 

(Superseded 

445.621) 

445B.176 

(Superseded 

445.622) 

1.187 

445B.177 

(Superseded 

Article 1.181) 

458.180 

(Superseded 

445.624) 

445B. 182 

(Superseded 

Article 1.185) 

445B. 185 

(Superseded 

445.627) 

445.630 

445.633 

"Sourcen defined. "Source" has the meaning ascribed to it in NRS 445B.155. 

[Environmental Comm'n, Air Quality Reg. $ 1.60, eff. 1 1-7-75; renumbered as $ 1.177, 12-4-761-(NAC A 10-30- 

95) 

"Stackn and "chimneyn defined. "Stack" or "chimney" means any flue, conduit or duct which conducts a regulated 

air pollutant to the atmosphere. 

[Environmental Comm'n, Air Quality Reg. $ 1.62, eff. 11-7-75; renumbered as 4 1.178, 12-4-761-(NAC A 10-14- 

82; 3-29-94, eff. 1 1-1 5-94; 10-30-95) 

"Standardn defined. "Standard" means a standard of performance that is proposed or promulgated by the 

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

[Environmental Comm'n, Air Quality Reg. 4 1.180, eff. 12-4-76]--WAC A 3-29-94, eff. 1 1 - 15-94; 7-5-94) 

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

[Environmental Comrn'n, Air Quality Reg. fj 1.179, eff. 12-4-761-(Substituted in revision for NAC 445.627) 

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

contains any one or combination of the following; 

1. affected facilities; 

2. existing facilities; 

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

"Stop order" defined. 

"Stop order" means a written notice by the director served on a person or persons causing or engaging in the 

construction, installation or alteration of work involving an air contaminant source or sources ordering the work to be 

stopped. 

[Environmental Comm'n, Air Quality Reg. 1.63, eff. 1 1-7-75; renumbered as 1.184, 12-4-76] 

"Submerged fill pipe" defined. 

"Submerged fill pipe" means: 

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

the bottom of the tank; or 
Cite: 40 CFR 

§ 52.1470 

Subpart DD 

71FR15040 

3/27/2006 

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

71FR71486 

1211 112006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

[Environmental Comm'n, Air Quality Reg. 1.64, eff. 1 1-7-75; renumbered as 1.19 1, 12-4-76] 

'Uncombined watern defined. "Uncombined water" means visible mist or condensed water vapor. 

[Environmental Comm'n, Air Quality Reg. 4 1.65, eff. 11-7-75; renumbered as 5 1.205, 12-4-76; A and renumbered 

as 4 1.200, 8-28-791-(Substituted in revision for NAC 445.647) 

"Violation" defined. 

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

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

'Volatile organic compounds" defined. "Volatile organic compounds" has the meaning ascribed to it in 40 C.F.R. 9 

5 1.100(s), as incorporated by reference in NAC 445B.22 1. 

[Environmental Comm'n, Air Quality Reg. 5 1.67, eff. 11-7-75; renumbered as 9 1.208, 12-4-76; A and renumbered 

as 9 1.204, 8-28-791-(NAC A 3-29-94, eff. 11-1 5-94)-(Substituted in revision for NAC 445.650) 

'Waste" defined. "Waste" means useless, unneeded, or superfluous matter or discarded or excess material. 

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

as $ 1.205,8-28-791-(Substituted in revision for NAC 445.651) 

"Wet garbagen defined. "Wet garbage" means a combination of waste and garbage which contains more than 50 

percent moisture. 

[Environmental Comm'n, Air Quality Reg. 4 1.69, eff. 1 1-7-75; renumbered as 5 1.2 1 1, 12-4-76; A and renumbered 

as $ 1.207, 8-28-79HSubstituted in revision for NAC 445.653) 

"Yearn defined. "Year" means any consecutive 365-day period. 

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

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

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

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

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

C02 .................................................................. carbon dioxide 

OF ..................................................................... degree Fahrenheit 

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

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

Ib ...................................................................... pound 

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

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

02 ..................................................................... oxygen 

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

Approved 

Article # 

Reference: 

NAC # 

445B. 198 

(Superseded 

445.647) 

445.649 

445B.202 

(Superseded 

445.650) 

445B.205 

(Superseded 

445.65 1) 

4458.207 

(Superseded 

445.653) 

445B.209 

4458.21 1 

(Partially 

supersedes 

445.655; 

revisions to 

this section 

will be 

finalized 

when EPA 

has 

completed 

all action on 

NDEP's 
Cite: 40 CFR 

8 52.1470 

Subpart DD 

- 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

[Environmental Cornrn'n, Air Quality Reg. $ 1.213, eff. 12-4-76; A and renumbered as 9: 1.209, 8-28-791-(NAC A 

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

Abbreviations. The abbreviations used in these regulations have the following meanings: 

A.S.T.M. - American Society for Testing and Materials 

OC - degree Celsius (centigrade) 

cal - calorie 

CdS - cadmium sulfide 

cfin - cubic feet per minute 

CO - carbon monoxide 

dscm - dry cubic meter at standard conditions 

dscf - dry cubic feet at standard conditions 

EAF - electric arc bace 

eq - equivalents 

g - gram 

gal - gallon 

g eq - gram equivalents 

gr - grain 

hr - hour 

HCl - hydrochloric acid 

H20 - water 

- sulfuric acid 

in - inch 

OK - degree Kelvin 

k - 1,000 

kg - kilogram 

1 - liter - - -- 

lpm -liter per minute 

m - meter 

meq - milliequivalent 

min - minute 

mg - milligram 

ml - milliliter 

Approved 

Article # 

Reference: 

NAC # 

ASIP update 

submittal) 

445.655 

- - - - - 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

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

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

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

- State Implementation Plan 

Text of Regulations and Articles: 

mm - millimeter 

mol. wt. - molecular weight 

mV - millivolt 

N2 - nitrogen 

nm - nanometer - meter 

NO2 - nitrogen dioxide 

ppb - parts per billion 

psia - pounds per square inch absolute 

OR - degree Rankine 

s - at standard conditions 

sec - second 

SO3 - sulfur trioxide 

ugIrn3 - micrograms - 1 0-6 gram 

P2O5 - phosphorus pentoxide 

Kg-cal- kilogram-calorie 

CFR - Code of Federal Regulations 

[Environmental Comm'n, Air Quality Peg. 1.2 13, eff. 12-4-76; and renumbered as 1.209, 8-28-79] 

Severability. 

If any of the provisions of NAC 445.430 to 445.846, inclusive, or any application thereof to any person, thing, or 

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

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

[Environmental Comm'n, Air Quality Reg. 2.1.1, eff. 1 1-7-75 

Concealment of emissions prohibited. 

Except for the sole purpose of reducing the odor of an emission, no person may install, construct or use any device 

whlch conceals any emission without reducing the total release of air contaminants to the atmosphere. 

[Environmental Comm'n, Air Quality Reg. 2.2.1, eff. 1 1-7-75] 

Pollution control equipment: Operation; modification; removal. 

Except as provided in NAC 445.667 and 445.668, no person may: 

1. Operate any source of air pollution unless the required pollution control equipment is on and operating. 

2. Disconnect, alter, remove or modify any required pollution control equipment or procedure unless the alteration or 

modification has been found not to violate NAC 445.430 to 445.846, inclusive. 

[Environmental Comm'n, Air Quality Reg. 2.2.2, eff. 12- 15-77] 

Hazardous emissions: Order for reduction or discontinuance. 

Without limiting the authority of any state officer to declare or to act on an emergency, the director or local air 

pollution control agency, upon determining that a generalized condition of air pollution exists or that the emission from 

Approved 

Article # 

Reference: 

NAC # 

445.660 

445.663 

445.664 

445.665 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

72FR19801 

412012007 

(c)(W(i)(A) 

State Implementation Plan 

Text of Regulations and Articles: 

one or more single sources of air contaminants is causing a danger to human health or safety, may order persons 

causing or contributing to the air pollution to immediately reduce or discontinue all emission of contaminants. 

[Environmental Comm'n, Air Quality Reg. 2.4.1, eff. 1 1-7-75] 

NAC 445B.230 [445.666] Plan for reduction of emissions. 

1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric tons) or more per year of a 

regulated air pollutant from a stationary source shall prepare and submit to the Director a plan for reducing or 

eliminating that emission in accordance with the episode stages of alert, warning, and emergency as defined in the 

applicable state implementation plan. 

2. Any person required to have an operating permit who is able to cause or permit the emission of less than 100 

tons (90.7 metric tons) per year of a regulated air pollutant shall, upon written notice from the Director, prepare and 

submit to the Director a plan for reducing or eliminating that emission in accordance with the episode stages of alert, 

warning, and emergency as defined in the applicable state implementation plan. 

3. The written notice required under subsection 2 must be transmitted in accordance with subsection 4 to all 

persons who are within the same classification of sources as defined in the Standard Industrial Classzfzcation Manual, 

adopted by reference in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tons (90.7 

metric tons) per year of a regulated air pollutant. 

4. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by 

registered or certified mail to the last known address of the person. 

[Environmental Comm'n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 1 1-7-751-(NAC A 10-30-95; K125-04, 9-24-2004; 

R15 1-06,9-18-2006) 

Excess emissions: Scheduled maintenance; testing; malfunctions. 

1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissions of air 

contaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated by the 

director as being favorable for atmospheric ventilation. 

2. The director must be notified in writing of the time and expected duration at least 24 hours in advance of any 

scheduled maintenance or repairs whlch may result in excess emissions of air contaminants prohibited by NAC 445.430 

to 445.846, inclusive. 

3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, or upset of 

process or pollution control equipment or during startup of such equipment. Phone (702) 885-4670. 

4. The owner or operator of an affected facility shall provide the director, wih 15 days after any malfunction, 

breakdown, upset, startup or human error sufficient information to enable the director to detennine the seriousness of 

the excess emissions. The submission must include as a minimum: 

(a) The identity of the stack and other emission point or either of them where the excess emissions occurred. 

(b) The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable emission 

limitation and the operating data and methods used in estimating the magnitude of the excess emissions. 

Approved 

Article # 

Reference: 

NAC # 

445B.230 

(Superseded 

445.666) 

445.667 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

(c)(l 1) 

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

State Implementation Plan 

Text of Regulations and Articles: 

(c) The time and duration of the excess emissions. 

(d) The identity of the equipment causing the excess emissions. 

(e) If the excess emissions were the result of a malhnction, steps taken to remedy the malhnction and the steps taken 

or planned to prevent the recurrence of the malfunctions. 

(f) The steps taken to limit the excess emissions. 

(g) Documentation that the air pollution control equipment, process equipment or processes were at all times 

maintained and operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing 

emissions. 

[Environmental Comm'n, Air Quality Reg. 2.5.1-2.5.3, eff. 11-7-75; A 8-28-79; 2.5.4, eff. 11-7-75; 2.5.4.1-2.5.4.7, 

eff. 8-28-79] 

Scheduled Maintenance, Testing, and Breakdown or Upset 

Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal operations, 

shall not be considered a violation of these regulations. 

Testing and sampling. 

1. To determine compliance with NAC 445.430 to 445.846, inclusive, prior to approval of or prior to the continuance 

of an operating permit or similar class of permits, the director may either conduct or order the owner of any source to 

conduct or have conducted such testing and sampling as the director determines necessary. Testing and sampling or 

either of them must be conducted within 60 days after achieving the maximum production rate at whch the affected 

facility will be operated, but not later than 180 days after initial startup of such facility and at such other times as may 

be required by the director. 

2. Performance tests must be conducted and data reduced in accordance with the test methods and procedures 

contained in each applicable subsection unless the director: 

(a) Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; 

(b) Approves the use of an equivalent method; 

(c) Approves the use of an alternative method, the results of whch he has determined to be adequate for indicating 

whether a specific source is in compliance; or 

(d) Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other 

means to the director's satisfaction that the affected facility is in compliance with the standard. 

3. Performance tests must be conducted under such conditions as the director specifies to the plant operator based on 

representative performance of the affected facility. The owner or operator shall make available to the director such 

records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, 

shutdown and malfunction must not constitute representative conditions of performance tests unless otherwise specified 

in the applicable standard. 

4. The owner or operator of an affected facility shall provide the director 30 days' prior notice of the performance test 

to afford the director the opportunity to have an observer present. 

Approved 

Article # 

2.5 

2.5.4 

Reference: 

NAC # 

445.682 
Approved 

Article # 

2.16.1 

2.16.1.1 

2.16.1.2 

2.16.1.3 

2.16.1.4 

2.16.2.5 

State Implementation Plan 

Text of Regulations and Articles: 

5. Each performance test must consist of at least two separate runs using the applicable test method. Each run must be 

conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining 

compliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced 

shutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other 

circumstances with less than two valid samples being obtained, an additional performance test must be conducted. 

6. All testing and sampling will be performed in accordance with recognized methods and as specified by the director. 

7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other 

pertinent allied facilities as may be required and specified in writing by the director must be provided and paid for by 

the owner of the source. 

8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and as 

to their compliance with all provisions of these regulations, and copies of these results must be provided to both the 

owner and the director. 

[Environmental Comm'n, Air Quality Reg. 2.6.1-2.6.4, eff. 11-7-65: A 12-4-76; 2.6.5-2.6.9, eff. 12-4-76] 

Any owner or operator subject to the provisions of hs part shall hrnish the Director written notification as follows: 

A notification of the date construction (or reconstruction as defined under 2.1 5) of an affected facility is commenced 

postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced 

facilities which are purchased in completed form. 

A notification of the anticipated date of initial startup of an affected facility postmarked not more than 60 days not less 

than 30 days prior to such date. 

A notification of the actual date of initial startup of an affected facility postmarked within 15 days after such date. 

A notification of any physical or operational change to an existing facility which may increase the emission rate of any 

air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in 

2.14 and the exemption is not denied under 2.14. This notice shall be postmarked 60 days or as soon as practicable 

before the change is commenced and shall include information describing the precise nature of the change, present and 

proposed emission control systems, productive capacity of the facility before and after the change, and the expected 

completion date of the change. The Director may request additional relevant information subsequent to this notice. 

A notification of the date upon which demonstration of the continuous monitoring system performance commences in 

accordance with 2.17. Notification shall be postmarked not less than 30 days prior to such date. 

Monitoring systems: Calibration, operation and maintenance of equipment. The owners or operators of all 

stationary sources identified in Appendix P of 40 C.F.R. 5 5 l(1.1) as amended from time to time, are required to install, 

calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified 

in Appendix P for the applicable source category. Those stationary sources must meet the basic requirements of 

Appendix P of 40 C.F.R. 6 5 l(2.0 et seq.). 

[Environmental Comrn'n, Air Quality Reg. $5 2.17.10 & 2.17.10.1, eff. 4-4-771-(NAC A 10-30-95) 

Monitoring systems: Location. 

Reference: 

NAC # 

445~~256 

(Superseded 

Art.2. 17. 

and 

2.17.10.1 

445B.257 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

(c)( 12) 

(c)(12) 

(c)(12) 

(c)( 1 2) 

(c)(12) 

(c)(12) 

71FR71486 

1211 112006 

71FR7 1486 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

1211 112006 

72FR1980 1 

412012007 

72FR19801 

412012007 

72FR19801 

412012007 

State Implementation Plan 

Text of Regulations and Articles: 

1. All continuous monitoring systems or monitoring devices must be installed so that representative measurements 

of emissions or process parameters from the affected facility are obtained. Additional procedures for location of 

continuous monitoring systems are contained in the applicable Performance Specifications of Appendix B of 40 C.F.R. 

4 60. 

[Environmental Comm'n, Air Quality Reg. $4 2.17.6 & 2.1 7.7, eff. 12-4-761-(Substituted in revision for NAC 

445.684) 

Monitoring systems: Verification of operational status. 

2. All continuous monitoring systems and monitoring devices must be installed and operational before conducting 

performance tests under NAC 445B.252. Verification of operational status must, as a minimum, consist of the 

following: 

(a) For continuous monitoring systems referred to in subsection 2 of NAC 445B.259, completion of the 

conditioning period specified by applicable requirements in Appendix B of 

40 C.F.R. Part 60. 

(b) For continuous monitoring systems referred to in NAC 445B.260, completion of 7 days of operation. 

(c) For monitoring devices referred to in NAC 445B.256 to 445B.267, inclusive, completion of the manufacturer's 

written requirements or recommendations for checlung the operation or calibration of the device. 

[Environmental Comm'n, Air Quality Reg. 94 2.17.1-2.17.2.3, eff. 12-4-761-(NAC A by R151-06,9-18-2006) 

Monitoring systems: Performance evaluations. 

1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such other 

times as may be required by the Director under $ 114 of the Act, the owner or operator of any affected facility shall 

conduct continuous evaluations of the performance of monitoring systems and hsh the Director within 60 days 

thereof two or upon request more copies of a written report of the results of such tests. These evaluations must be 

conducted in accordance with the specifications and procedures provided in this section and NAC 4458.260. 

2. Except as provided in NAC 445B.260, continuous monitoring systems listed within this subsection must be 

evaluated in accordance with the requirements and procedures contained in the applicable performance specification of 

Appendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring: 

(a) Opacity of emissions must comply with Performance Specification 1. 

(b) Nitrogen oxides emissions must comply with Performance Specification 2. 

(c) Sulk dioxide emissions must comply with Performance Specification 2. 

(d) The oxygen and carbon dioxide content of effluent gases must comply with Performance Specification 3. 

[Environmental Comm'n, Air Quality Reg. $$ 2.17.3 & 2.17.3.1, e,ff. 12-4-761-(NAC A by R151-06,9-18-2006) 

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

1. Except as otherwise provided in subsection 2, an owner or operator who, before September 1 1, 1974, entered 

into a binding contractual obligation to purchase specific continuous monitoring system components shall comply with 

the following requirements: 

(a) Continuous monitoring systems for measuring opacity of emissions must be capable of measuring, with a 

Approved 

Article # 

Reference: 

NAC # 

(Superseded 

Art. 2.17.6 

and 2.17.7) 

445~.258 

(Superseded 

445.685) 

445B.259 

(Superseded 

445.686) 

445~.260 

(Superseded 

445.687) 
Approved 

Article # 

State Implementation Plan 

Text of Regulations and Articles: 

confidence level of 95 percent, emission levels within f20 percent of the mean value of the data obtained using the 

applicable reference method set forth in terms of the units of the emission standard. The calibration drift test and 

associated calculation procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 60 must be 

used for demonstrating compliance with this specification. 

(b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be capable of 

measuring, with a confidence level of 95 percent, emission levels within +_20 percent of the mean value of the data 

obtained using the applicable reference method set forth in terms of the units of the emission standard. The calibration 

drift test, the relative accuracy test and associated operating and calculation procedures set forth in Performance 

Specification 2 in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating compliance with this specification. 

2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6, 

1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the Director. 

3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessary, with 

new continuous monitoring systems, and such improved systems must be demonstrated to comply with applicable 

performance specifications under NAC 4458.259 by September 11, 1979. 

[Environmental Comm'n, Air Quality Reg. $5 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-771-(NAC A by R151-06, 

9- 18-2006) 

Monitoring systems: Adjustments. Owners or operators of all continuous monitoring systems installed in 

accordance with the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span drift at least 

once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturer 

recommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and span 

must, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable 

performance specifications in Appendix B of 40 C.F.R. $ 60 are exceeded. 

[Environmental Comm'n, Air Quality Reg. part $ 2.17.4, eff. 12-4-76; A 12-15-771-(Substituted in revision for 

NAC 445.688) 

Monitoring systems: Measurement of opacity. 

1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the emuent 

gases must be cleaned before performing the zero or span drift adjustments, except that for systems using automatic 

zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compensation exceeds 4 

percent opacity. Unless otherwise approved by the director, the following procedures, as applicable, must be followed: 

(a) For extractive continuous monitoring systems measuring gases, minimum procedures must include introducing 

applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero 

gases certified by their manufacturer to be traceable to National Institute of Standards and Technology reference gases 

must be used whenever these reference gases are available. The span and zero gas mixtures must be the same 

composition as specified in Appendix B of 40 C.F.R. Part 60. Every 6 months after the date of manufacture, span and 

zero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO,, 7 for NO, and 3 for 

Reference: 

NAC # 

445B.26 1 

(Superseded 

445.688) 

4458.262 

(Superseded 

445.689) 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR71486 

1211 112006 

71FR71486 

1211 112006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

7 1FR71486 

1211 112006 

71FR71486 

1211 112006 

State Implementation Plan 

Text of Regulations and Articles: 

0, and CO,, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by 

the manufacturer. 

(b) For nonextractive continuous monitoring systems measuring gases, minimum procedures include upscale 

checks using a certified calibration gas cell or test cell whch is functionally equivalent to a known gas concentration. 

The zero check may be performed by computing the zero value fiom upscale measurements or by mechanically 

producing a zero condition. 

(c) For continuous monitoring systems measuring opacity of emissions, minimum procedures include a method for 

producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density 

filter or other related technique to produce a known obscuration of the light beam. These procedures must provide a 

system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector 

assembly. 

2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or 

alternative method to determine compliance with a standard or emission limitation contained in Part 60,6 1 or 63 of 

Title 40 of the Code of Federal Regulations for: 

(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of 

Federal Regulations; or 

(b) An affected source. 

[Environmental Comm'n, Air Quality Reg. part 5 2.17.4, eff. 12-4-76; 4 2.17.4.1, eff. 12-4-76; A 12-15-77; $4 

2.17.4.2 & 2.17.4.3, eff. 12-4-761-(NAC A by R065-03, 10-30-2003) 

Monitoring systems: Frequency of operation. Except for system breakdowns, repairs, calibration checks, and zero 

and span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous operation 

and meet minimum frequency of operation requirements as follows: 

1. All continuous monitoring systems referred to in NAC 445B.259 and 445B.260 for measuring opacity of 

emissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each 

successive 1 0-second period. 

2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, sulhr 

dioxide, carbon dioxide or oxygen must complete a minimum of one cycle of operation (sampling, analyzing and data 

recording) for each successive 15-minute period. 

3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a minimum of 

one cycle of operation (sampling, analyzing and data recording) for each successive 1-hour period. 

[Environmental Comm'n, Air Quality Reg. 44 2.17.5-2.17.5.3, eff. 12-4-761-(Substituted in revision for NAC 

445.690) 

Monitoring systems: Recordation of data. 1. Owners or operators of all continuous monitoring systems for the 

measurement of opacity shall reduce all data to 6-minute averages and for systems other than opacity to 1-hour 

averages. 

2. For systems other than opacity, 1-hour averages must be computed fiom four or more data points equally spaced 

Approved 

Article # 

Reference: 

NAC # 

445B.263 

(Superseded 

445.690) 

445B.264 

(Superseded 

445.69 1) 
Approved 

Article # 

State Implementation Plan 

Text of Regulations and Articles: 

over each 1 -hour period. 

3. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments 

must not be included in the data averages computed under this section. An arithmetic or integrated average of all 

calibrated data must be used. The data output of all continuous monitoring systems may be recorded in reduced or 

nonreduced form, e.g., ppm pollutant and percent 0, or lblmillion Btu of pollutant. 

4. All excess emissions must be converted into units of the standard using the applicable conversion procedures 

specified in NAC 445B.001 to 4458.3497, inclusive. After conversion into units of the standard, the data may be 

rounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., rounded 

to the nearest 1 percent opacity. 

5. As used in thls section, "calibrated data" means data which is precise and accurate within a stated acceptance 

criteria for the instrument. 

[Environmental Comm'n, Air Quality Reg. (j 2.17.8, eff. 12-4-761-(NAC A 10-22-87; R118-00, 9-25-2000) 

Monitoring systems: Records; reports. 

1. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain records of 

the occurrence and duration of any start-up, shutdown or malfunction in the operation of an affected facility and any 

malfunction of the air pollution control equipment or any periods during which a continuous monitoring system or 

monitoring device is inoperative. 

2. Each owner or operator required to install a continuous monitoring system shall submit a written report of excess 

emissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day following the 

end of each calendar quarter and must include the following information: 

(a) The magnitude of excess emissions computed in accordance with NAC 445B.256 to 445B.267, inclusive, any 

conversion factors used, and the date and time of commencement and completion of each time period of excess emissions. 

(b) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns and malfunctions 

of the affected facility. 

(c) The nature and cause of any malfunction, if known, the corrective action taken or preventative measures adopted. 

(d) Specific identification of each period during which the continuous monitoring system was inoperative, except for 

zero and span checks, and the nature of any repairs or adjustments that were made. 

-When no excess emissions have occurred and the continuous monitoring system has not been inoperative, repaired or 

adjusted, such information must be included in the report. 

3. Any owner or operator subject to the provisions ofNAC 445B.256 to 445B.267, inclusive, shall maintains file ofall 

measurements, including: 

(a) Continuous monitoring systems, monitoring devices and performance testing measurements; 

(b) All continuous monitoring system performance evaluations; 

(c) All continuous monitoring systems or monitoring device calibration checks; 

(d) Adjustments and maintenance performed on these systems or devices; and 

(e) All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form suitable for 

Reference: 

NAC # 

445B.265 

(Superseded 

445.692) 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR71486 

121 1 112006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR71486 

1211 112006 

-- 

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

State Implementation Plan 

Text of Regulations and Articles: 

inspection. 

-The file must be retained for at least 2 years following the date of the measurements, maintenance, reports and records. 

[Environmental Comm'n, Air Quality Reg. §$ 2.16.2-2.16.4, eff. 12-4-761-(NAC A 7-2-84)-(Substituted in 

revision for NAC 445.692) 

Alternative monitoring procedures or requirements. 

1. Upon written application by an owner or operator, the director may approve alternatives to any monitoring 

procedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but not limited to, the following: 

(a) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device 

specified by those sections would not provide accurate measurements due to liquid water or other interferences caused 

by substances with the effluent gases. 

(b) Alternative monitoring requirements when the affected facility is infrequently operated. 

(c) Alternative monitoring requirements to accommodate continuous monitoring systems that require additional 

measurements to correct for stack moisture conditions. 

(d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or 

operator can demonstrate that installation at alternate locations will enable accurate and representative measurements. 

(e) Alternative methods of converting regulated air pollutant concentration measurements to units of the standards. 

(f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases 

or test cells. 

(g) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedures 

specified by any provision of NAC 445B.256 to 445B.267, inclusive. 

(h) Alternative continuous monitoring systems that do not meet the design or performance requirements in 

Performance Specification 1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a definite and consistent 

relationship between their measurements and the measurements of opacity by a system complying with the requirements 

in Performance Specification 1. The director may require that such demonstration be performed for each affected 

facility. 

(i) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent 

fiom two or more affected facilities are released to the atmosphere through more than one point. 

2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or 

alternative method to determine compliance with a standard or emission limitation contained in Part 60,6 1 or 63 of 

Title 40 of the Code of Federal Regulations for: 

(a) An emission unit that is subject to a testing requirement pursuant to Part 60,61 or 63 of Title 40 of the Code of 

Federal Regulations; or 

(b) An affected source. 

[Environmental Comm'n, Air Quality Reg. $8 2.17.9-2.17.9.7, eff. 12-4-76; $ 2.17.9.8, eff. 12-4-76; A 12-15-771- 

WAC A 10-30-95; R065-03, 10-30-2003) 

Emission discharge information. 

Approved 

Article # 

Reference: 

NAC # 

4458.267 

(Superseded 

445.693) 

445.694 
Cite: 40 CFR 

$52.1470 

Subpart DD 

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

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

State Implementation Plan 

Text of Regulations and Articles: 

Emission discharge information, as correlated to mass emission rates or ambient air quality regulations related to all 

registration certificates and operating permits, will be maintained by the director as public information at 201 South 

Fall Street, Capitol Complex, Carson City, Nevada 89710. 

[Environmental Comm'n, Air Quality Reg. 3.1.9.1, eff. 1 1-7-75; A 12-4-76] 

Notice of violations; appearance before commission. 

1. When in the opinion of the director there is a violation of any provision of NAC 445.430 to 445.846, inclusive, or 

an approved compliance schedule, he shall cause a written notice to be served upon the person responsible for the 

alleged violation. The director shall issue a notice of violation to any owner or operator who: 

(a) Fails to construct a source in accordance with the application as approved by the director; 

(b) Fails to construct and operate a source in accordance with the conditions imposed by the director which appear on 

the registration certificate; or 

(c) Commences construction or modification of a source without applying for and receiving a registration certificate 

as required by NAC 445.430 to 445.846, inclusive. 

2. The written notice must specify the provision of NAC 445.430 to 445.846, inclusive, or the approved compliance 

schedule that is being violated and the facts constituting the alleged violation. It may include an order to take 

corrective action or require submission of a schedule for compliance within a specified reasonable time. The order 

becomes final unless, within 10 calendar days after service of the written notice, the person named in the order requests 

a hearing before the commission. 

3. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by 

registered or certified mail to the last known address of the person. 

4. With or without the issuance of an order to take corrective action or require submission of a schedule for 

compliance within a specified reasonable time, the director may require the person to appear before the commission at a 

specified time or place or the commission may initiate action to levy the appropriate fine. 

[Environmental Comm'n, Air Quality Reg. 2.3.1 & 2.9.5-2.9.7, eff. 11-7-75; + 13.1.8, eff. 11-7-75; A 12-15-77] 

Stop orders. 

1. A stop order will be issued if 

(a) The proposed construction, installation, alterations or establishment will not be in accordance with the provisions 

of the plans, specifications and other design material required to be submitted for registration; or 

(b) The design material or the construction itself is of such a nature that it patently cannot bring the source into 

compliance with NAC 445.430 to 445.846, inclusive. 

2. A stop order can be issued at any time before the operating pennit is granted, except that a stop order for a source 

must not be issued after construction or modification has commenced if the construction is in accordance with the 

provisions of the registration certificate as submitted and approved by the director under NAC 445.708 to 445.71 I, 

inclusive. 

3. A person served with a stop order: 

(a) Shall forthwith stop all activities specified in the stop order. 

Approved 

Article # 

Reference: 

NAC # 

445.696 

445.697 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

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

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

State Implementation Plan 

Text of Regulations and Articles: 

(b) May apply for its revocation at any time, setting forth the facts upon which he believes that the reasons for the 

issuance of the stop order no longer exist. If the director finds that the reasons for the issuance of the stop order no 

longer exist, he shall withdraw the order promptly. If the director finds that the reasons for the issuance of the stop 

order still exist, or that other reasons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written 

statement of his reasons for so finding. 

[Environmental Comm'n, Air Quality Reg. 3.3.1-3.3.5, eff. 11-7-75] 

Registration certificates and operating pennits required. 

1. Unless exempted under NAC 445.705: 

(a) A registration certificate and an operating permit are required for all new sources. 

(b) An existing single source requires only an operating permit. 

2. Registration certificates and operating pennits for single sources may be issued through an approved local air 

pollution control program. 

3. Registration certificates and operating permits are nontransferable as to location, owner or equipment. A 

replacement registration certificate or operating permit may be issued with the identical conditions upon change of 

ownershp or name of source for the effective time remaining on the original certificate or permit by filing a request for 

replacement with the director on the application form provided by him accompanied by the appropriate fee. 

[Environmental Comm'n, Air Quality Reg. 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; 3.1.9, eff. 11-7-75; A 12-4-76] 

Exemptions. 

The following existing and new single sources do not require either registration certificates or operating permits: 

1. Air-conditioning equipment or fuel-burning equipment having a rating of less than 4,000,000 Btu's (1,000,000 

kg-cal) per hour. 

2. Motor vehicles, special mobile equipment and internal combustion engines. 

3. Residential and commercial housekeeping vacuum systems. 

4. Incinerators with less than 25 lb (1 1 kg) per hour rated burning capacity. 

5. Agricultural land use. 

6. Storage containers for gasoline, petroleum distillate or other volatile organic compounds having a capacity of less 

than 40,000 gallons (150 kiloliters). 

7. Equipment or contrivances used exclusively for the processing of food for human consumption. 

8. Disturbing topsoil of less than 20 acres (8 hectares). 

9. Process weight rates of less than 50 lb (23 kg) per hour. 

[Environmental Comm'n, Air Quality Reg. 3.1.8, eff. 1 1-7-75] 

Application date; payment of fees. 

1. A United States registered or certified postmark date establishes the official date of all applications for registration 

certificates and operating permits. 

2. All fees must be paid to the State of Nevada or the local agency which certified issuance of the certificate or permit 

and are not refundable. 

Approved 

Article # 

Reference: 

NAC # 

445.704 

445.705 

445.706 
Cite: 40 CFR 

8 52.1470 

Subpart DD 

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

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

State Implementation Plan 

Text of Regulations and Articles: 

[Environmental Comrn'n, Air Quality Reg. 3.1.4 & 3.1.7, eff. 1 1-7-75] 

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

1. A separate registration certificate is required for each new or modified single source. A valid registration certificate 

must be obtained before the commencement of construction or alteration of any single source of air contaminant. 

2. Requests for the issuance of a registration certificate or the replacement of a lost or damaged registration certificate 

with the appropriate fee must be submitted to the director on the application form provided by him. The fee for each 

initial registration certificate, its replacement, or renewal is $10. 

3. Wih 5 working days after receiving an application for registration the director shall determine if any additional 

information is needed. Within 15 days after receiving adequate information the director shall make a preliminary 

determination to issue or deny a registration certificate. The director shall give preliminary notice of his intent to issue 

or deny a registration certificate for a single source within 15 days after receiving adequate information for reviewing 

the registration application. 

4. The application, the director's review and preliminary intent to issue or deny must be made public and maintained 

on file with the director during normal business hours at 201 South Fall Street, Carson City, Nevada, and in the air 

quality region where the source is located at a site specified in a prominent advertisement by the director for 30 days to 

enable public participation and comment. All comments on the director's review and preliminary intent for issuance or 

denial must be submitted in writing to the director within 30 days after the public announcement. 

5. Within 75 days after receiving adequate information, pursuant to NAC 445.708 to 445.71 1, inclusive, the director 

shall issue or deny a registration certificate. The director shall make his decision by taking into account written public 

comments on the director's review and preliminary intent for issuance or denial, project proponent submittal and the 

effect of such a facility on the maintenance of the ambient air quality standards contained in NAC 445.843 and the 

control strategy contained in the air quality plan. 

6. A registration certificate only expires if construction of a new or modified source is not commenced within 1 year 

from the date of issuance thereof or construction of the facility is delayed for 1 year after initiated. 

[Environmental Comm'n, Air Quality Reg. 3.2.1, eff. 11-7-75; A 12-4-76; 3.2.2, eff. 11-7-75; A 12-15-77; 8-28-79; 

3.2.3 & 3.2.4, eff. 11-7-75; 3.2.5, eff. 11-7-75; A 12-4-76; 3.2.6, eff. 11-7-75; + 13.1.2, eff. 11-7-75; A 12-4-76; 

8-28-79] 

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

1. A separate operating pennit is required for each new or existing single source. Possession of a valid registration 

certificate is a prerequisite to obtaining the initial operating pemrit for a new source. 

2. Application for the issuance of an initial operating permit must be submitted in writing to the director on the exact 

form provided by him and with the appropriate fee prior to the date of the proposed initial operation of the source. The 

fee for each initial operating permit is $50. 

3. An operating permit must be granted if the director finds from a stack emission test or other appropriate test and 

other relevant information that use of the source will not result in any violation of the air quality regulations or 40 

C.F.R. Parts 60 and 61, New Source Performance Standards and National Emission Standards for Hazardous Air 

Approved 

Article # 

Reference: 

NAC # 

445.707 

445.712 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

(c)(l 1) 

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

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

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

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

72FR25972 

State Implementation Plan 

Text of Regulations and Articles: 

Pollutants. 

4. A denial of an application for an operating permit must be accompanied by a statement of the reasons therefor, and 

if the director has relied in hls decision upon information not contained in the application, the statement of reasons must 

identify and state the substance of such information. 

5. Operating permits must be posted conspicuously at or near the single source. 

[Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.2, 3.4.3, 3.4.5 - 3.4.6, eff. 1 1-7-75; 3.4.7, eff. 1 1-7-75; A 

8-28-79] 

Application forms for requesting the issuance of either a registration certificate or an operating permit can be obtained 

from the Director 

Operating permits: Renewal. 

1. Operating permits must be renewed 5 years after the date of issuance. 

2. Requests for the renewal of an operating permit must be submitted, in writing, to the director with the appropriate 

fee at least 30 calendar days prior to the expiration date of the current permit. 

3. The fee for each renewed operating permit is $50. 

[Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.4 & 3.4.8, eff. 11-7-75] 

Operating permits: Replacement of lost or damaged permits. 

1. Requests for the replacement of a lost or damaged operating permit must be made, in writing, to the director with 

the appropriate fee within 30 calendar days after the date of its loss or destruction. 

2. The fee for the replacement of a lost or damaged operating permit is $10. 

[Environmental Comm'n, Air Quality Reg. 3.4.9 & 3.4.12, eff. 1 1-7-75] 

Operating permits: Revocation. 

1. An operating permit may be revoked if the control equipment is not operating. 

2. An operating permit may be revoked by the director upon determining that there has been a violation of NAC 

445.430 to 445.846, inclusive, or 40 C.F.R. Parts 60 or 61, New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants. 

3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit must be 

surrendered immediately unless a hearing is requested. 

4. The fee for reissuing an operating permit that has been revoked or allowed to expire is $100. 

[Environmental Comm'n, Air Quality Reg. 3.4.10, eff. 11-7-75; A 8-28-79; 3.4.13 & 3.4.14, eff. 11-7-75] 

Operating permits: Change of location. 

Requests for change of location must be made in writing to the director with a $2 fee for each operating permit at least 

30 calendar days prior to the operation of the source at the new location. The source must not be operated at the new 

location until the director approves of the location. 

[Environmental Comm'n, Air Quality Reg. 3.4.1 1, eff. 1 1-7-75; A 12-15-77] 

Visible emissions: Maximum opacity; determination. 

Approved 

Article # 

3.1.6 

Reference: 

NAC # 

445.713 

445.714 

445.715 

445.716 

445B.22017 
Cite: 40 CFR 

9 52.1470 

Subpart DD 

5/8/2007 

72FR25972 

51812007 

72FR25972 

5/8/2007 

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

State Implementation Plan 

Text of Regulations and Articles: 

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

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

Opacity must be determined by one of the following methods: 

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

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

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

minute averages as set forth in 40 C.F.R. 5 60.13(h). 

2. The provisions of this section and NAC 4458.2202 do not apply to that part of the opacity that consists of 

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

within the exemption. 

3. If the provisions of40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emissionunit must be allowed 

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

60.42a(b). 

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

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

[Environmental Comm'n, Air Quality Reg. $8 4.1 & 4.2, eff. 11-7-75; $4.5.1.1, eff. 8-28-791-(NAC A 9-19-90; 10- 

30-95; R118-00, 9-25-2000e(Substituted in revision for NAC 445B.354) 

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

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

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

has written approval of the Commission; 

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

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

temperatures. 

[Environmental Comm'n, Air Quality Reg. $8 4.3.1-4.3.3, eff. 11-7-75; $ 4.3.6, eff. 12-4-76; A and renumbered as 

4.3.4, 12-15-77; 9 4.3.5, eff. 11-7-75; 5 4.3.6, eff. 12-15-77; A 4-1 8-801-(NAC A by R065-03, 10-30-2003; R198-03, 

4-26-2004, eff. 3-1-2006) 

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

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

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

[Environmental Comm'n, Air Quality Reg. $7.2.4, eK 11-7-75; A 12-4-761-(NAC A 10-22-87; 12-26-91; 

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

Process weight rate for calculating emission rates. 

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

rates must be the weight rates for single sources. 

Approved 

Article # 

- 

Reference: 

NAC # 

(Superseded 

445.721) 

' 

NAC 

445B.2202 

(Superseded 

Articles 4.3, 

4.3.1-4.3.3, 

4.3.5) 

NAC 

445B.22027 

445.729 
Cite: 40 CFR 

§ 52.1470 

Subpart DD 

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

72FR25972 

5/8/2007 

State Implementation Plan 

Text of Regulations and Articles: 

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

Colemanite flotation processing plants. 

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

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

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

E = 0.02 x 10" P (0.04P). 

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

E = 0.01 x 10" P (0.02P). 

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

E = 0.3 1 x 10" P (0.62P). 

2. For the purposes of subsection 1: 

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

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

[Environmental Cornm'n, Air Quality Reg. 7.2.8.1-7.2.8.3, eff. 1 1-17-78] 

Emissions of particulate matter: Fuel-burning equipment. 

1. No person may cause or permit the emission of PM,, resulting fiom the combustion of fuel in fuel-burning 

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

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

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

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

the allowable emissions must be calculated using the following equation: 

y = 1.02x -0.231 

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

calculated using the following equation: 

y = 1 7. ox -0.568 

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

(a) "X means the maximum operating rate in million Btu's per hour. 

(b) "Y" means the allowable rate of emission in pounds per million Btu's. 

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

7.1.2, 12- 15-771-(NAC A 10-1 5-85; 9- 19-90; 12-26-9 1; 10-30-95; R022-99,9-27-99t(Substituted in revision for 

NAC 445B.362) 

Approved 

Article # 

Reference: 

NAC # 

445.730 

NAC 

445B.2203 

(Superseded 

445.73 1) 
Approved 

Article # 

7.2.5.1 

State Implementation Plan 

Text of Regulations and Articles: 

Emissions of particulate matter: Sources not otherwise limited. 

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

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

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

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

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

E = 4.10~O.~~ 

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

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

E = 55pO.l' - 40 

4. For the purposes of subsections 2 and 3: 

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

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

[Environmental Comm'n, Air Quality Reg. $9 7.2.1-7.2.3, eff. 1 1-7-751-(NAC A 10-19-83; 10- 15-85; 10-22-87; 

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

Emissions of particulate matter: Fugitive dust. 

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

or may allow controllable particulate matter to become airborne. 

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

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

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

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

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

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

deposit any foreign material to fill or cover the land. 

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

(a) Agricultural activities occurring on agricultural land; or 

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

not less than 5 acres or more than 20 acres. 

[Environmental Comrn'n, Air Quality Reg. $5 7.3.1 & 7.3.2, eff. 11-7-75; $ 7.3.3, eff. 11-7-75; A 12-1 5-771- 

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

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

Reference: 

NAC # 

458.22033 

(Superseded 

445.732) 

445B.22037 

(Superseded 

445.734) 

Cite: 40 CFR 

8 52.1470 

Subpart DD 

72FR25972 

5/8/2007 

72FR25972 

5/8/2007 

(c)(22)(ii) 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

7 1FR15040 

3/27/2006 

71FR15040 

3/27/2006 

71FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

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

(b) Emissions determined by the equation E = 0.0084 P~.~~ (E = 1.79 PO.^^), where 

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

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

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

Sulfur portion of the Sulfur compounds emitted. 

[Environmental Cornrn'n, Air Quality Reg. 4 8.2.2.4, eff. 1 1-7-75; renumbered as $ 8.2.4, 12-4-76; A and 

renumbered as $ 8.2.2, 12-15-771-(Substituted in revision for NAC 445B.370) 

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

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

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

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

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

allowable emission. 

[Environmental Comm'n, Air Quality Reg. 5 8.1.5, eff. 11-7-75HSubstituted in revision for NAC 445B.37 1) 

Sulfur emissions: Fuel-burning equipment. 

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

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

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

Y = 0.7X 

For the purposes of this subsection: 

(a) "X" means the maximum operating input of heat in millions of Btu's per hour. 

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

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

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

Liquid fuel Y = 0.4X 

Solid fuel Y = 0.6X 

Combination Fuel x T 

. - L (0.4X) + S (0.6X) 

Approved 

Article # 

Reference: 

NAC # 

445B.2204 

(Superseded 

445.742) 

445B.22043 

(Superseded 

445.743) 

445B.22047 

(Superseded 

Article 8.2, 

8.2.1, 

8.2.1.1 and 

8.2.1.2) 
State Implementation Plan 

Text of Regulations and Articles: 

Cite: 40 CFR 

3 52.1470 

Subpart DD 

For the purposes of this subsection: 

(a) "X" means the maximwn input of the operation in millions of Btu's per hour. 

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

(c) "L" means the percentage of total input of heat derived fiom liquid fuel. 

(d) "S" means the percentage of total input of heat derived fiom solid fuel. 

[Environmental Comm'n, Air Quality Reg. 5 8.2.1, eff. 11-7-75; 5 8.2.2.1, eff. 11-7-75; A and renumbered as 9: 

8.2.2, 12-4-76; renumbered as 5 8.2.1.1, 12-15-77; 4 8.2.2.2, eff. 11-7-75; A and renumbered as $ 8.2.3, 12-4-76; 

renumbered as ij 8.2.1.2, 12-15-77; $ 8.2.2.3, eff. 11-7-751-(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30- 

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

concentration must not exceed 1,000 ppm by volume. 

2. For the purposes of subsection 1: 

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

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

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

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

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

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

445B.22027 to 445B.22037, inclusive, and 4458,287 to 445B.3497, inclusive. 

[Environmental Comm'n, Air Quality Reg. $4 8.3.1-8.4, eff. 1 I-7-75]-(NAC A 9-5-84; 9-19-90; 12-26-9 1; 12-13- 

93; 10-30-95; 5-3-96; R105-97,3-5-98j( Substituted in revision for NAC 445B.374) 

Open burning. 

445B.2205 

(Superseded 

445.746) 

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

Sulfur emissions: Other processes which emit sulfur. 

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

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

determined by the following equation: 

I 

(Superseded 

Article 5.1, 

5.2, 5.2.1, 

5.2.2,5.2.3, 

5.2.4, 5.2.5 

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

specifically exempted, is prohibited. 

2. Open burning: 

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

training or elimination of hazards is allowed if: 

3/27/2006 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

(1) Approved in advance by the Director; or 

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

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

by the Director. 

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

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

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

Femley, Gabbs, Hawthome, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and 

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

Carson City line. 

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

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

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

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

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

(2) Concurred in by the Director; and 

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

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

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

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

Incinerator burning. 

1. Except as otherwise provided in subsection 6: 

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

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

opacity equal to or greater than 20 percent is prohibited. 

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

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

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

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

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

conspicuously at or near the incinerator. 

4. Allowable PMlo emissions fiom incinerators of less than 2,000 lb per hour rated buming capacity may not exceed 

1.8 lb/ton of dry refuse charged. 

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

calculated using the following equation: 

Approved 

Article # 

Reference: 

NAC # 

and 5.3) 

445B.2207 

(Superseded 

445.754) 
Approved 

Article # 

16.3.3 

16.3.3.2 

16.3.3.3 

State Implementation Plan 

Text of Regulations and Articles: 

E = 0.6 (40.7 x 10-'~) 

For the purposes of this subsection, "E" means the maximum allowable rate of emission of PMlo in pounds per hour 

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

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

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

Townshp, Ely, Fallon, Femley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, 

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

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

[Environmental Comm'n, Air Quality Reg. (j(j 6.1 & 6.2, eff. 11-7-75; (j 6.3, eff. 11-7-75; A 3-31-77; $5 6.4-6.6.2, 

eff. 11-7-751-(NAC A 9-19-90; 12-26-91; R237-03,4-15-2004) 

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

If the owner or operator of a source uses a supplemental or intennittent control system, or other control system 

designed to vary with atmospheric conditions, for the purpose of meeting the requirements of an order issued pursuant 

to 3 1 13(d) or 1 19 which relates to primary nonferrous smelters in the Act, he may not temporarily reduce the pay of 

any of his employees because of his use of that system. 

[Environmental Comm'n, Air Quality Reg. 14.1, eff. 8-1 7-8 11 

Standard for Opacity 

No person shall cause, suffer, allow, or permit the discharge fiom any cltnker cooler whch exhibit greater than 10 

percent opacity. 

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

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

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

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

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

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

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

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

crude barite processed. 

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

River Basin, Basin 55, Carico Lake Valley: 

(1) For primary crushing of barite ore, 0.0 15 pounds per short ton (0.0075 kilograms per metric ton) of barite ore 

processed. 

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

of barite ore processed. 

Reference: 

NAC # 

445.764 

445.808 

- 

Cite: 40 CFR 

52.1470 

Subpart DD 

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

(c)(14)(viii) 

(c)( l4)(viii) 

(c)(l4)(viii) 

(c)(26)(i)(A) 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

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

71FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

--- 

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

Basin, Basin 59, Lower Reese River Valley: 

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

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

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

grinding mill. 

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

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

445.660 to 445.700 inclusive. 

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

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

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

8-28-79; 8-17=81; 16.27.1.1-16.27.4 eff. 8-17-81; 16.27.4, eff. 1-25-79; NAC A 10-19-831 

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

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

ore. 

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

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

North Fork area: 

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

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

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

kglmetric ton). 

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

single source of a processing plant for precious metal. 

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

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

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

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

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

80; 16.26.1.7, eff. 4-18-80; A 8-17-8 1; 16.26.1.8; eff. 16.32.2, eff. 12-20-79; renumbered as 16.26.1.3,4-18-80; NAC 

A 7-29-82; 10-19-831 

Reduction of animal matter. 

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

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

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

Approved 

Article # 

Reference: 

NAC # 

445.816 

445B.2209 

(Superseded 

445.845) 
Approved 

Article # 

Reference: 

NAC # 

445B.22093 

(Superseded 

445.846 and 

Articles 

9.2, 

9.2.1, 

9.2.1.1 and 

9.2.1.2) 

445B.22097 

(Superseded 

445.843) 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

71FR71486 

1211 112006 

7 1 FR15040 

3/27/2006 

State Implementation Plan 

Text of Regulations and Articles: 

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

of food for human consumption. 

[Environmental Comm'n, Air Quality Reg. $8 10.2.1 - 10.2.2, eff. 1 1 -7-751-(Substituted in revision for NAC 

445B.394) 

Organic solvents and other volatile compounds. 

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

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

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

available and feasible effectively to reduce the contribution to air pollution from evaporation, leakage or discharge, as 

determined by the director, the installation and use of such methods, devices or equipment for control is mandatory. 

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

or greater than 40,000 gallons (1 50 kiloliters) any gasoline, petroleum distillate, or volatile organic compound having a 

vapor pressure of 1.5 lblsquare inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless the 

tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent loss of 

vapor or gas to the atmosphere or is equipped with one of the following devices properly installed, in good working order, 

and in operation: 

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

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

dome designed in accordance with accepted standards of the petroleum industry. Ths control equipment is not permitted if 

the gasoline or petroleum distillate has a vapor pressure of 1 1 lblsquare inch absolute (7,734 kg/square meter) or greater 

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

tahg place. 

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

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

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

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

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

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

[Environmental Comm'n, Air Quality Reg. Art. 9, eff. 1 1-7-751--(NAC A 10-19-83)--(Substituted in revision for NAC 

4458.395) 

Standards of quality for ambient air. 

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

POLLUTANT AVERAGING 

TIME 

NEVADA STANDARDS* 

CONCENTRATION 

C 

NATIONAL STANDARDS~ 

 METHOD^ PRIMA&. 

E 

SECONDARY 

C, F 

METHOD' 
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0 €3 

~225% 
Approved 

Article # 

Reference: 

NAC # 

Cite: 40 CFR 

5 52.1470 

Subpart DD 

y 

State Implementation Plan 

Text of Regulations and Articles: 

sampling, 

acid 

extraction 

and 

atomic 

absorption 

spectromet 

-- 

Notes: 

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

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

general public has access. 

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

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

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

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

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

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

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

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

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

reference temperature of 25OC and a reference pressure of 760 mm of Hg (1,O 13.2 millibars); "ppm" in this table refers 

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

per cubic meter. 

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

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

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

the public health. 

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

known or anticipated adverse effects of a regulated air pollutant. 

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

concentrations. 

1.5 pg/m3 

-- 

sampling, 

acid 

extraction 

and atomic 

absorption 

spectrometry 

Ultraviolet 

Fluorescence 

Lead (Pb) 

Hydrogen 

sulfide -- 

mean 

1 hour 

1.5 pg/m3 

0.08 ppm 

(1 12 pg/m3)G 
Cite: 40 CFR 

5 52.1470 

Subpart DD 

(c)(8) 

(c)( 16)(viii) 

(C)(l g)(i) 

(c)(8) 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

[Environmental Comrn'n, Air Quality Reg. $8 12.1-1 2.1.6, eff. 1 1-7-75; A and renumbered as 4 12.1, 12-4-76; A 

12-1 5-77; 8-28-79; $5 12.2-12.4, eff. 1 1-7-75; $ 12.5, eff. 12-4-76; A 8-28-791-(NAC A 10- 19-83; 9-5-84; 12-26-9 1; 

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

General Provisions for the Review of New Sources 

Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit to the 

Director an environmental evaluation and any other information the Director may deem necessary to make an 

independent air quality impact assessment. 

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

1. The environmental evaluation submitted by the application shows or if the Director determines, in accordance 

with the provisions of thls Article, that the point source: 

a. Will prevent the attainment and maintenance of the State or national ambient air quality standards; 

b. Will cause a violation of the applicable control strategy contained in the approved Air Quality 

Implementation Plan; or 

c. Will cause a violation of 40 CFR Parts 60 and 6 1, New Source Performance Standards and National 

Emission Standards for Hazardous Air Pollutants; 

2. The source is located in any designated nonattainment area and: 

a. The lowest achievable emission rate for each nonattainment pollutant from the source is not defined 

and adopted as an emission limitation for the source; 

b. Any other source within this state which is owned, operated or controlled by the applicant is not in 

compliance or on a schedule of compliance with these regulations and all other applicable emission 

limitations or variances as provided in NRS 445.506 to 445.521, inclusive; 

c. The total allowable emissions of each nonattainrnent pollutant from (1) the existing sources in the 

area, (2) those sources in the area which have received their respective registration certificates and 

(3) the proposed source will not be sufficiently less, by the time the proposed source is to commence 

operation, than the total emissions from (1) the existing sources and (2) those sources in the area 

which have received their respective registration certificates before the proposed source makes 

application for its registration certificate, so that reasonable further progress is achieved; 

d. The emissions fiom the source will cause or contribute to emission levels which exceed the allowance 

permitted for such a pollutant for the nonattainment area. 

3. In any attainment area the best available control technology is not defined and adopted as an emission 

limitation for the source. 

The Director may impose any reasonable conditions on his approval, including conditions requiring the source owner 

Approved 

Article # 

13.1 

13.1.1 

13.1.3 

13.1.4 

Reference: 

NAC # 
Approved Reference: State Implementation Plan 

Text of Regulations and Articles: 

or operator to conduct ambient air quality monitoring at the facility site for a reasonable period to commencement of 

construction or modification, and for any specified period after the source has commenced operation. 

Where a proposed source located on contiguous property is constructed or modified in increments which individually 

are not subject to review as provided in this Article, as such increments occurring since the effective date of this Article 

shall be added together for determining the applicability of thls Article. 

Approval and issuance of a registration certificate to any source construction or modification shall not affect the 

responsibilities of the owner or owners to comply with any other portion of the control strategy 

Any source or proposed facility shall, upon written application to the Director, receive within thirty (30) days a written 

notice of his determination, either requiring the submittal of an environmental evaluation or exempting the source from 

such requirement. 

Article # 

13.1.5 

13.1.6 

13.1.7 

Cite: 40 CFR 

52.1470 

Subpart DD 

(c)(8) 

(c)(8) 

(c)(8) 

NAC # 

Articles 13.2 - 13.2.9 were removed in March 2003pursuant to (c)(lb)(viii) of $52.1470 which requires that all references to complex sources be removedfrom 13.1.1, 

13.1.2, 13.2, 

13.3 

13.3.1 

13.3.2 

13.3.3 

13.4 

13.4.1 

13.4.1.1 

13.4.1.2 

13.2.1-13.5.3. 

3-03: reJto 

complex 

sources 

removed 

The following new single sources or modifications to an existing single source which would cause increases to existing 

single sources as specified below shall submit an evaluation with their application(s) for registration: 

Any single source which can cause, allow or pennit the emission of an air contaminant of greater than 23 kilograms (50 

pounds) per hour. 

Any combination of single sources located at a single premise which can cause, allow or permit the emission of an air 

contaminant of greater than 23 kilograms (50 pounds) per hour 

Any single source, upon written notice from the Director. 

Environmental Evaluation: 

The environmental evaluation required for new or modified single as determined by this Article or as required by the 

Director, shall include the following: 

An environmental evaluation shall be a careful and detailed assessment of the environmental aspects of a proposed 

action. 

An environmental evaluation shall contain adequate environmental safeguards to be implemented by the applicant to 

provide for the maintenance of acceptable air quality and shall consider: 

a. Ambient air concentrations before, during and after construction, empirically calculated with recognized methods as 

approved by the Director; or, in the case of existing ambient air concentrations, they may be measured with approved 

methods at approved site locations for not less than one year. Estimates shall be empirically determined for ambient air 

concentration immediately contiguous to the facility and at the point of predicted maximum concentration within the 

surrounding region. 

b. Diffusion models used to determine the location and estimated value of highest air contaminant concentration shall 

contain: 

1. Assumptions and premises. 

(c)(8) 

(c)(8) 

(c)(8) 

(c)(8) 

(c)(8) 

(c)(l6)(viii) 

(c)(8) 

(c)(8) 

Note: This is the 

rule effective 10- 

25-74. 
Approved Reference: 

Articles 13.5, 13.5.1- 13.5.3 were removed in March 2003 pursuant to (c)(l6)(viii) of $52.1470, which requires that all references to complex sources be removed from 

13.1.1, 13.1.2, 13.2, 13.2.1-13.5.3. The 13.5s were exceptions to Article 13.2, which was also removed because it dealt only with complex sources. 

State Implementation Plan 

Text of Regulations and Articles: 

2. Evaluation at the recorded most adverse meteorological conditions in the last 100 years. 

3. Evaluation at the recorded most adverse meteorological conditions in the last year. 

4. Geographic area considered in the evaluation. 

5. Dispersion equations. 

6. Predicted contaminant buildup. 

7. Location, type and amount of emissions. 

8. Meteorological information. 

c. Alternate proposals which could be implemented as conditions of approval. 

d. Other probable environmental effects, before, during and after construction shall be considered in the narrative 

portion of the evaluation. 

Article # 

Cite: 40 CFR 

5 52.1470 

Subpart DD NAC #