Department of Air Quality and Environmental Management 

 500 Grand Central Parkway, 1st Floor 

 Las Vegas, Nevada 89155

CLARK COUNTY 

AIR QUALITY REGULATIONS 

Amended February 10, 2012 
CC Air Quality Regulations 

 

 WHEREAS, it is recognized that there has been a growth in the amount of 

complexity of air pollution in Clark County, Nevada, brought about by, and incident to, the 

population growth of and industrial development in the said County, which conditions are 

likely to be aggravated and compounded by additional population growth and industrial 

development in the future, all resulting in serious potential danger to the public health and 

welfare of the residents of said County, and substantial injury to or interference with the 

reasonable use and enjoyment of property and the conduct of business therein, as well 

as injury to agricultural crops and livestock, and hazards to air and ground transportation; 

and 

 WHEREAS, it is the responsibility of the Clark County Board of County 

Commissioners to promote and protect the health and welfare of the inhabitants of this 

County, which necessitates the control and regulation of activities affecting the quality of 

the air therein; and 

 WHEREAS, it is the public policy of Clark County and the purpose of these 

Regulations to achieve and maintain levels of air quality which will protect human health 

and safety, prevent injury to plant and animal life, prevent damage to property, and 

preserve visibility and scenic, esthetic and historic values of Clark County; and 

 WHEREAS, it is the intent of these Regulations to: 

 (a) Require the use of reasonably available methods to prevent, reduce 

 or control air pollution throughout Clark County; 

 (b) Maintain cooperative programs; 

 (c) Facilitate cooperation across jurisdictional lines in dealing with 

 problems of air pollution not confined within a single jurisdiction; and 

 WHEREAS, the quality of air is declared to be affected with the public interest and 

these Regulations are enacted in the exercise of the police power of this county and the 

municipal entities comprising Clark County to protect the health, peace, safety and 

general welfare of its people as required by State law; and 

 WHEREAS, Clark County Board of County Commissioners has initiated and 

conducted an air pollution control program, including a comprehensive air monitoring 

program for the purpose of determining air quality standards and source emission 

standards; and 

 

 WHEREAS, the need for control of air contaminants, and the emission thereof at 

their source, was first determined by an air pollution survey of Clark County conducted in 

1962 and 1963, the findings of which survey and the problems identified therein having 

been confirmed by subsequent measurements and experience gained in the conduct of 

an air pollution control program established pursuant to authority vested in the Clark 

County Department of Air Quality and Environmental Management; and 
CC Air Quality Regulations 

 

 WHEREAS, the Clark County Board of County Commissioners has taken into 

consideration all of the facts and circumstances bearing upon the reasonableness of the 

emission of air contaminants in the area including but not limited to: 

(a) The character and degree of injury to or interference with health and 

property or the reasonable use and enjoyment of property or conduct 

of business; 

(b) The social and economic value of the source of air contaminants; 

(c) The technical practicability and economic reasonableness of 

reducing or eliminating the emission of air contaminants from such 

source; 

(d) The location involved, the density of population, the atmospheric 

condition, and the relationship of the emissions to the general air 

pollution condition of the area; 

(e) The cost and effectiveness of control equipment available; and 

(f) Efforts previously made and the equipment previously installed to 

control or decrease such emissions; and 

 WHEREAS, recent developments in State and Federal law, as well as developing 

air pollution control technology, and the need for more precise and equitable standards 

and procedures, require the updating and amendment of the current Air Quality 

Regulations of the Clark County Board of County Commissioners; 

 NOW, THEREFORE, the Clark County Board of County Commissioners, in 

accordance with the authority vested in it by Chapter 445 of Nevada Revised Statutes, 

does hereby adopt, promulgate and order compliance therewith within Clark County, 

Nevada, the following amended Regulations, to be known as "Air Quality Regulations." 
Amended February 10, 2012 

CC Air Quality Regulations i

 

Section TABLE OF CONTENTS Pages

0 Definitions 1 – 21 

2 Procedures for Adoption and Revision of Regulations and for Inclusion 

of those Regulations in the State Implementation Plan 

1 – 6 

4 Control Officer 1 – 4 

5 Interference with Control Officer 1 – 1 

6 Injunctive Relief 1 – 1 

7 Hearing Board and Hearing Officer 1 – 7 

8 Persons Liable for Penalties – Punishment: Defense 1 – 1 

9 Civil Penalties 1 – 2 

10 Compliance Schedules 1 – 1 

11 Ambient Air Quality Standards 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

12 Preconstruction Review for New or Modified Stationary Sources 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

12.0 Applicability, General Requirements and Transition Procedures 1 – 3 

12.1 Permit Requirements For Minor Sources 1 - 25 

12.2 Permit Requirements For Major Sources In Attainment Areas 

(Prevention Of Significant Deterioration) 

1 – 65 

12.3 Permit Requirements For Major Sources In 

Nonattainment Areas 

1 – 44 

12.4 Authority To Construct Application And Permit 

Requirements For Part 70 Sources 

1 – 13 

12.5 Part 70 Operating Permit Requirements 1 – 38 

12.6 Confidentiality 1 – 2 

12.7 Emission Reduction Credits 1 – 11 

12.9 Annual Emissions Inventory Requirement 1 – 2 

12.10 Continuous Monitoring Requirements for Stationary Sources 1 – 8 

12.11 General Permits for Minor Stationary Sources 1 – 6 

 
Amended February 10, 2012 

CC Air Quality Regulations ii

 

Section TABLE OF CONTENTS Pages

12.12 Transfer of Permit 1 - 2 

12.13 Posting of Permit 1 

13 National Emission Standards for Hazardous Air Pollutants 1 – 11 

14 New Source Performance Standards 1 – 8 

16 Operating Permits 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

18 Permit and Technical Service Fees 1 – 13 

19 Part 70 Operating Permits 

Attachment A 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

20 Emission Standards for Hazardous Air Pollutants for Source Categories 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

21 Acid Rain Permits 1 –2 

22 Acid Rain Continuous Emission Monitoring 1 –2 

24 Sampling and Testing – Records and Reports 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

25 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, 

and Shutdown 

1 – 4 

26 Emission of Visible Air Contaminants 1 - 1 

27 Particulate Matter from Process Weight Rate 1 – 2 

28 Fuel Burning Equipment 1 – 2 

29 Sulfur Contents of Fuel Oil 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

30 Incinerators 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

32 Reduction of Animal Matter 1 – 1 

33 Chlorine in Chemical Processes 1 – 4 

 
Amended February 10, 2012 

CC Air Quality Regulations iii

 

Section TABLE OF CONTENTS Pages

34 Performance Standards for Metallic and/or Nonmetallic Mineral 

Mining and Processing 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

35 Diesel Engine Powered Electrical Generating Equipment 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

40 Prohibitions of Nuisance Conditions 1 – 1 

41 Fugitive Dust 1 –3 

42 Open Burning 1 – 2 

43 Odors in the Ambient Air 1 – 1 

44 Prohibitions on Planting, Selling, or Offering to 

Sell Fruitless Mulberry and European Olive Trees 

1 – 2 

45 Idling of Diesel Powered Motor Vehicles 1 – 1 

49 Compliance Requirements for Boilers and Steam Generators 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

50 Storage of Petroleum Products 1 – 2 

51 Petroleum Product Loading into Tanks, Trucks And Trailers 1 –2 

52 Gasoline Dispensing Facilities 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

53 Oxygenated Gasoline Program 1 – 3 

54 Cleaner Burning Gasoline (CBG): Wintertime Program 

Suspended by the Board of County Commissioners, 

Effective 09/29/09 

n/a 

55 Preconstruction Review for New or Modified Stationary Sources 

in the 8-Hour Ozone Nonattainment Area 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

58 Emission Reduction Credits 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

59 Emission Offsets 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

 
Amended February 10, 2012 

CC Air Quality Regulations iv

 

Section TABLE OF CONTENTS Pages

60 Evaporation and Leakage 

Repealed by the Board of County Commissioners, 

Effective 04/19/11

n/a 

70 Emergency Procedures 1 – 2 

80 Circumvention 1 – 1 

81 Provisions of Regulations Severable 1 – 1 

90 Fugitive Dust From Open Areas and Vacant Lots 1 – 9 

91 Fugitive Dust From Unpaved Roads, Unpaved Alleys, 

and Unpaved Easement Roads 

1 – 9 

92 Fugitive Dust From Unpaved Parking Lots and Storage Areas 1 – 9 

93 Fugitive Dust From Paved Roads and Street Sweeping Equipment 1 – 10 

94 Permitting and Dust Control for Construction Activities 1 – 19 
Amended 11-16-10 

CC Air Quality Regulations 

0-1

SECTION 0: DEFINITIONS

In these Air Quality Regulations (AQRs), incorporated into the Clark County Code at 

Section 9.08.130, unless the context otherwise requires: 

"Act" means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq. 

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from 

an emissions unit, as determined in accordance with this definition: 

(a) In general, actual emissions as of a particular date shall equal the average 

rate, in tons per year, at which the emissions unit actually emitted the 

regulated air pollutant during a consecutive 24-month period which precedes 

the particular date and which is representative of normal source operation. 

The Control Officer shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, 

production rates, and types of materials processed, stored, or combusted 

during the selected time period. 

(b) If there is inadequate information to determine actual historical emissions, 

the Control Officer may presume that source-specific allowable emissions 

for the unit are equivalent to the actual emissions of the unit. 

(c) For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit 

on that date. 

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

Agency (EPA) or the Administrator's designee. 

"Affected Source" means a source that includes one or more affected units that are subject 

to the acid rain requirements under Title IV of the Act or subject to a standard or other 

requirement under Sections 112(d), (f) or (h) of the Act. 

"Affected State(s)" means all States whose air quality may be affected that are located 

contiguous to or within fifty (50) miles of Clark County, Nevada, including Arizona, 

California, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of 

the permitted source shall be considered an Affected State. 

"Affected Unit" means a unit that is subject to any requirement under Title IV of the Act. 

"Agricultural Operations" means the growing of crops for profit or the growing of crops for 

the purpose of providing life support to a considerable number of people, animals, or fowl. 
Amended 11-16-10 

CC Air Quality Regulations 

0-2

“Air Contaminants” means any solid, liquid, or gaseous matter, any odor, or any form of 

energy that is capable of being released into the atmosphere from an emission source. 

"Airplane Refueling Area" means a place capable of receiving, storing and dispensing one 

or more types of gasoline or petroleum distillate for consumption by airplanes. 

"Air Pollution" means the presence in the outdoor atmosphere of one or more air pollutants 

or any combination thereof in such quantity and duration as may tend to: 

(a) Injure human health or welfare, animal or plant life, or property; 

(b) Limit visibility or interfere with scenic, aesthetic and historic values of 

 the State; or 

(c) Interfere with the enjoyment of life or property. 

"Air Quality Area" means the airshed regions within Clark County, Nevada, designated as 

a serious Nonattainment Area, moderate Nonattainment Area, or Prevention of 

Significant Deterioration (PSD) Area. The following table lists the air quality areas for each 

criteria air pollutant by air quality planning region: 

Air Quality Areas for each Criteria Air Pollutant 

by Air Quality Planning Region 

 PM10 CO VOC NOx SO2 and Pb 

Serious 

Nonattainment Area LV LV 

Moderate 

Nonattainment Area 

 

Prevention of 

Significant 

Deterioration (PSD) 

Area 

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM, 

VV, BA, 

GB, GA1

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM, 

VV, BA, 

GB, GA 

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA 

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA 

LV, EV, IV, 

SI, JL, SH, 

GV, NH, PV, 

CV, MS, 

PR, ST, FF, 

IS, NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, BA, 

GB, GA 

1

See “Airshed Regions within Clark County, Nevada” table on p. 3 for region abbreviations. 

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of 

one hydrographic area, as listed in the definition of airshed region, which is used for air 

quality planning purposes. 
Amended 11-16-10 

CC Air Quality Regulations 

0-3

"Airshed Region" or “Airshed” means an area within Clark County, Nevada, consisting of 

one hydrographic area as listed in the following table: 

AIRSHED REGIONS within Clark County, Nevada 

AIR QUALITY PLANNING REGION AIRSHED REGION

AIR QUALITY PLANNING 

REGION Abbreviation

Las Vegas Valley HYDROGRAPHIC AREA 212 LV 

Eldorado Valley HYDROGRAPHIC AREA 167 EV 

North Ivanpah Valley HYDROGRAPHIC AREA 164A IV 

South Ivanpah Valley HYDROGRAPHIC AREA 164B SI 

Jean Lake Valley HYDROGRAPHIC AREA 165 JL 

South Hidden Valley HYDROGRAPHIC AREA 166 SH 

Garnet Valley HYDROGRAPHIC AREA 216 GV 

North Hidden Valley HYDROGRAPHIC AREA 217 NH 

Paiute Valley HYDROGRAPHIC AREA 214 PV 

Colorado River Valley HYDROGRAPHIC AREA 213 CV 

Mesquite Valley HYDROGRAPHIC AREA 163 MS 

Pahrump Valley HYDROGRAPHIC AREA 162 PR 

South Three Lakes Valley HYDROGRAPHIC AREA 211 ST 

Frenchman Flat HYDROGRAPHIC AREA 160 FF 

Indian Springs Valley HYDROGRAPHIC AREA 161 IS 

North Three Lakes Valley HYDROGRAPHIC AREA 168 NT 

Tikapoo Valley HYDROGRAPHIC AREA 169B TV 

California Wash HYDROGRAPHIC AREA 218 CW 

Muddy River Springs Area HYDROGRAPHIC AREA 219 MR 

Lower Meadow Valley Wash HYDROGRAPHIC AREA 205 MW 

Coyote Springs Valley HYDROGRAPHIC AREA 210 CS 

Lower Moapa Valley HYDROGRAPHIC AREA 220 LM 

Virgin River Valley HYDROGRAPHIC AREA 222 VV 

Black Mountains Area HYDROGRAPHIC AREA 215 BA 

Gold Butte Area HYDROGRAPHIC AREA 223 GB 

Greasewood Area HYDROGRAPHIC AREA 224 GA 

If a hydrographic area extends beyond the boundary of Clark County and the State of 

Nevada, only the portion that is within the boundary of Nevada is included in the definition 

of airshed region. 

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using 

the maximum rated capacity of the source (unless the source is subject to practically 

enforceable limits which restrict the operating rate, hours of operation, or both) and the 

most stringent of the following: 
Amended 11-16-10 

CC Air Quality Regulations 

0-4

(a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 

or 63; 

(b) Any applicable Nevada State Implementation Plan (SIP) emission limitation, 

including those with a future compliance date; or 

(c) The emissions rate specified as a practically enforceable permit condition, 

including those with a future compliance date. 

"Apex Valley" means the geographical area that coincides with the boundary of 

Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic 

Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map 

is contained in the definition of Hydrographic Areas. 

"Applicable Requirement" means any of the following requirements as they apply to an 

emissions unit covered by a permit issued pursuant to Section 12 of the AQRs: 

(a) Any standard or requirement included in the Nevada SIP approved or 

promulgated by EPA through rulemaking under Title I of the Act that 

implements the relevant requirements of the Act, including any revisions to 

that plan promulgated in 40 CFR Part 52; 

(b) Any term or condition of any permit issued pursuant to Section 12 of the 

AQRs; 

(c) Any requirement under Section 111 (“New Source Performance 

Standards”) of the Act; 

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the 

Act; 

(e) Any standard or other requirement of the Acid Rain Program under Title IV 

of the Act or the regulations promulgated thereunder; 

(f) Any requirements established pursuant to Section 504(b) or Section 

114(a)(3) (“Monitoring, Analysis and Compliance”) of the Act; 

(g) Any requirement relating to solid waste incineration under Section 129 

(“Solid Waste Combustion”) of the Act; 

(h) Any requirement for consumer or commercial products under Section 

183(e) (“Ozone”) of the Act; 

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel 

Standards”) of the Act; 
Amended 11-16-10 

CC Air Quality Regulations 

0-5

(j) Any standard or requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Act, unless the EPA determines 

that any such requirement need not be contained in a Part 70 Permit; 

(k) Any national ambient air quality standard or increment or visibility 

requirement under Part C of Title I of the Act, but only as it would apply to 

temporary sources permitted pursuant to Section 504(e) (“Temporary 

Sources”) of the Act; 

(l) Any requirement necessary to comply with the prohibition in Sections 

126(a)(1) and 126(c) (“Interstate Pollution Abatement”) of the Act; and 

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air 

Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance 

Conditions.” 

"Application Area" means the area where surface coating is applied by spraying, dipping or 

flow-coating techniques. 

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a 

permit issued to a Part 70 source by the Control Officer pursuant to Section 12.4.3 of 

the AQRs that: 

(a) Authorizes the construction and an initial period of operation of a new Part 

70 source, or the modification or reconstruction of an existing Part 70 

source; and 

(b) Includes the conditions which apply to the construction and an initial 

period of operation of a new Part 70 source, or the modification or 

reconstruction of an existing Part 70 source. 

"Best Management Practices" means dust control measures that are based on each 

project soil type, project activity, and phasing as required by the applicable standards of 

Sections 91 through 94 of these AQRs. These practices shall be included in each Dust 

Control Permit and Dust Mitigation Plan and are established to meet the goal of reducing 

particulate emissions from construction sites. Additionally, some practices are designed to 

address the economic and environmental purposes of reducing the amount of water to be 

used for dust control. 

"British Thermal Unit" or “BTU” means that quantity of heat required to raise the 

temperature of one pound of water 1 degree F. 

“Building, structure, facility, or installation” means all of the pollutant-emitting activities 

that belong to the same industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same person (or persons under 

common control) except the activities of any vessel. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same ‘‘Major 
Amended 11-16-10 

CC Air Quality Regulations 

0-6

Group’’ (which have the same first two digit code) as described in the Standard 

Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101–0066 and 003–005–00176–0, 

respectively) or the North American Industry Classification System, as published in 

2002. 

"Building Vent" means an opening of a building through which there is mechanically 

induced air flow for the purpose of exhausting emissions. 

"Chemical Process" means a manufacturing operation in which one or more changes in 

chemical composition, chemical properties, or physical properties are involved. 

"Clearing and Grubbing" means the removal of tree stumps, shrubs, trash, and dirt piles 

before excavation of a site. 

"Combined Tank Capacity" means all gasoline storage tanks at the gasoline station. 

"Combustible Refuse" means any waste material that can be consumed by combustion. 

"Commence" or “Commencement” as applied to construction of a stationary source or 

modification means that the owner or operator has all necessary preconstruction 

approvals or permits and has: 

(a) Begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time or 

(b) Entered into binding agreements or contractual obligations, which cannot be 

canceled or modified without substantial loss to the owner or operator, to 

undertake a program of actual construction of the source to be completed 

within a reasonable time. 

“Commence Operation” or "Commencing Operation" means to have begun any 

mechanical, chemical, or electronic process, including, with regard to a unit, start-up of 

a unit’s combustion chamber that changes the location, form, physical properties, or 

chemical character of a material. 

"Commercial and Residential Construction" means construction of structures intended to 

be utilized solely as personal dwellings, including but not limited to single family homes, 

duplexes, fourplexes, apartments, condominiums, and town houses; construction of 

institutional structures, schools, libraries, churches, hospitals, parks, office structures; 

shopping malls; residential streets within a subdivision; improvements to existing curbed 

paved roads; parking lots, parking lot structures; and construction of underground utilities 

for sanitary sewer, water, electricity, natural gas and communication. 

“Complete” means, in reference to an application for a permit, that the application 

contains all of the information necessary for processing the application. Designating an 
Amended 11-16-10 

CC Air Quality Regulations 

0-7

application complete for purposes of permit processing does not preclude the reviewing 

authority from requesting or accepting any additional information. 

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit), that would result in a change in emissions. 

"Construction Activity" means the following activities: commercial and residential 

construction, flood control construction, and highway construction as defined in Section 0. 

"Control Measure" means a technique, practice, or procedure used to prevent or minimize 

the generation, emission, entrainment, suspension, and/or airborne transport of fugitive 

dust. 

"Control Officer" means the Air Pollution Control Officer appointed by the County Manager, 

the Control Officer’s designee or individual staff members who have been delegated the 

authority by the Control Officer or his /her designee to perform specific Control Officer 

functions. 

“Date of Submittal” means the date a document is postmarked, if the document is 

delivered by the U.S. Postal Service. If the document is hand delivered by the document 

owner, his/her representative or a commercial carrier, the date of submittal is the date the 

document is date stamped by the department. 

“Designated Trail” means any trail designated by a public agency for use by 

equestrians, hikers, bicycles, or other nonmotorized forms of travel. 

"Dispatchable Peak Shaving" means a program by which peak shaving operations will be 

scheduled and controlled by the serving public utility to those times essential to maintain a 

reliable, area-wide, supply source of electrical energy. 

"Disturbed Surface Area" means a portion of the earth's surface (or material placed 

thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its 

undisturbed native condition, thereby increasing the potential for the emission of fugitive 

dust. 

"Dust Palliative" means hygroscopic material, non-toxic chemical stabilizer or other dust 

palliative material that is not prohibited for ground surface application by the EPA or the 

Nevada Division of Environmental Protection (NDEP) or by any applicable law or 

regulation, as a treatment material for reducing fugitive dust emissions. Water, 

solutions of water and chemical surfactants, and foam are not dust palliatives for the 

purpose of these regulations. 

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or 

any other dust palliative which is not prohibited for ground surface application by the 
Amended 11-16-10 

CC Air Quality Regulations 

0-8

EPA or NDEP or by any applicable law or regulation, as a treatment material for 

reducing fugitive dust emissions. 

"Electric Utility Steam Generating Unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one third (1/3) of its potential electric 

output capacity and more than twenty-five (25) MW of electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility. 

"Eldorado Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 167 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the definition 

of hydrographic areas. 

"Emergency" means a situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including Acts of God. 

"Emission(s)" or "Emit(s)" means the release or the passing into the ambient air of a 

regulated air pollutant. 

“Emission Limit” or “Emission Limitation” means a requirement established by the Control 

Officer or the Administrator that limits the quantity, rate, or concentration of emission of air 

pollutants on a continuous basis, including any requirement relating to the operation or 

maintenance of a source to assure continuous emission reduction, and any design, 

equipment, work practice or operational standard promulgated under these regulations or 

the Act. 

“Emissions Unit" means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant. 

"EPA" means the United States Environmental Protection Agency. 

"Ethanol" means an alcohol with the chemical formula CH3CH2OH. 

"Excess Emissions" means emissions in excess of an emission limitation. 

"Existing Emissions Unit" means, unless otherwise specified in these regulations, an 

emissions unit that has either been authorized to commence construction or modification 

or has commenced construction or modification prior to the effective date of rule. 

"Existing Stationary Source" means, unless otherwise specified in these regulations, any 

stationary source that has either been authorized to commence construction or 

modification or has commenced construction or modification prior to the effective date of 

rule. 
Amended 11-16-10 

CC Air Quality Regulations 

0-9

“Federal Land Manager” means, with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

"Federally Enforceable" means all limitations and conditions which are enforceable by 

the Administrator. 

"Flood Control Construction" means construction of flood detention basins, flood diversion 

channels, box culverts, and excavations intended to capture or retain water. 

"Fuel" means material which is capable of releasing energy or power by combustion or 

other chemical or physical reaction. 

"Fuel Burning Equipment" means any device used for the burning of fuel for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of 

combustion do not come into direct contact with any other materials. 

"Fuel Oil" means a liquid fuel derived from crude oil or petroleum, including distillate oil, 

residual oil, and used oil. 

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is 

entrained in the ambient air and is caused from human and/or natural activities, such 

as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For 

the purpose of these regulations, fugitive dust does not include particulate matter 

emitted directly from the exhaust of motor vehicles and other internal combustion 

engines, from portable brazing, soldering, or welding equipment, and from pile drivers, 

and does not include emissions from process and combustion sources that are subject 

to other sections of these regulations. 

"Fugitive Emissions" means those emissions which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening. 

"Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of four 4 

pounds per square inch or greater. 

"Gasoline Dispensing Operation” means a facility, except bulk distribution terminal, that is 

capable of receiving, storing, and dispensing to a motor vehicle one or more grades of 

gasoline. 

“Good Engineering Practice (GEP) Stack Height” means a stack height meeting the 

requirements described in Subsection 12.2.7.3 of the AQRs. 

“Hazardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 

112(b) of the Act. 
Amended 11-16-10 

CC Air Quality Regulations 

0-10

"Highway Construction" means construction of roadway systems including arterials, 

expressways, interstates, tunnels, overpasses, bridges, interchanges and airport runway 

improvements, but not residential streets within a subdivision. 

"Hydrographic Basin Areas" or “Hydrographic Areas” means the areas within Clark 

County, Nevada as defined in the State of Nevada Hydrographic Areas Map, prepared by 

the Division of Water Resources, Rev. 9/71. A hydrographic area may extend into 

adjacent county(s), but the hydrographic area will terminate at the state boundary. The 

following map, provided for quick reference, represents the hydrographic areas and air 

quality planning regions within the Clark County boundary and excludes only the portion of 

the hydrographic area that is outside of the Nevada boundary: 
Amended 11-16-10 

CC Air Quality Regulations 

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One Inch = 15 miles
Amended 11-16-10 

CC Air Quality Regulations 

0-12

"Incinerator" means any furnace used in the process of burning waste for the primary 

purpose of reducing the volume of the waste by removing combustible matter. 

"Insignificant Activities and Emissions" means those activities that meet the criteria set 

forth in subsection 12.5.2.5. 

"Ivanpah Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 164A (also known as North Ivanpah Valley) as reported in the 

Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An 

approximate map is contained in the definition of hydrographic areas. 

"Las Vegas Valley" means that geographical area that coincides with the boundary of the 

Hydrographic Area 212 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the 

definition of hydrographic areas. 

"Leak Free" means a liquid leak of less than three (3) drops per minute. 

"Methyl Tertiary Butyl Ether (MTBE)” means an ether with the chemical formula 

(CH3)3C(-OCH3). 

"Motocross Race Course" means a closed loop course established on improved or 

unimproved property upon which the actual track may be dirt, gravel, pavements or other 

surface encompassing an area of less than fifty (50) acres. 

"Motor Vehicle" means every device in, upon, or by which any person or property is, or 

may be, transported or drawn upon a road or highway, except devices moved by human 

power or used exclusively upon stationary rails. 

"Natural Cover" means any vegetation that exists on the property. 

“Nonattainment Area" means any geographic region of the United States that has been 

designated as “nonattainment” under Section 107 of the Act for any pollutant for which a 

National Ambient Air Quality Standard exists. 

"Non-metallic Mineral" means any of the following minerals or any mixture that contains 

more than fifty percent (50%) by weight any of the following minerals: 

(a) Crushed and broken stone, including limestone, dolomite, 

granite, traprock, sandstone, quartz, quartzite, marl, marble, 

slate, shale, oil shale, and shell; 

(b) Sand and Gravel; 

(c) Clay, including Kaolin, Fireclay, Bentonite, Fuller’s Earth, Ball 

Clay, and Common Clay; 
Amended 11-16-10 

CC Air Quality Regulations 

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(d) Rock Salt; 

(e) Gypsum; 

(f) Sodium Compounds, including Sodium Carbonate, Sodium 

Chloride, and Sodium Sulfate; 

(g) Pumice; 

(h) Gilsonite; 

(i) Talc and Pyrophyllite; 

(j) Boron, including Borax, Kernite, and Colemanite; 

(k) Barite; 

(l) Fluorspar; 

(m) Feldspar; 

(n) Diatomite; 

(o) Perlite; 

(p) Vermiculite; 

(q) Mica; and 

(r) Kyanite, including Andalusite, Sillimanite, Topaz, and 

Dumortierite. 

"Non-Metallic Mineral Processing Plant" means any combination of equipment that is used 

to crush or grind any nonmetallic mineral wherever located, including lime plants, power 

plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility 

processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c). 

“Non-Road Easement” means an easement not utilized by the easement holder, or 

others with the permission of the easement holder, for travel by motor vehicle more 

often than twelve (12) times within any twelve (12) month period. 

"Normal Farm Cultural Practice" means all activities by the owner, lessee, agent, 

independent contractor, and/or supplier conducted on any facility for the production of 

crops and/or nursery plants. Disturbances of the field surface caused by turning under 

stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 
Amended 11-16-10 

CC Air Quality Regulations 

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"Nuisance" means anything that is injurious to health, offensive to the senses, or an 

obstruction to the free use of property, so as to interfere with the reasonable or 

comfortable enjoyment of life or property. 

"Odor" means those qualities of matter that make it perceptible to the olfactory senses of 

man. 

"Off-Road Vehicle" means any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes, or motor buggies. 

"Opacity" means the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background. 

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) 

through (e) below. For the purpose of these regulations, vacant portions of residential or 

commercial lots that are immediately adjacent and owned and/or operated by the same 

individual or entity are considered one vacant open area or vacant lot. 

(a) An unsubdivided or undeveloped tract of land. 

(b) A subdivided lot, which contains no approved or permitted buildings or 

structures of a temporary or permanent nature. 

(c) An undeveloped or partially developed lot. 

(d) Non-road easements. 

(e) Unpaved parts of controlled access freeway right-of-ways, except those 

portions subject to Section 93 requirements. 

"Open Fire" means any fire wherein the products of combustion are emitted into the open 

air and are not directed thereto through a stack or chimney. 

“Operation and Maintenance Plan” means a plan for an emission control system that 

specifies the key system operating parameters, such as temperatures, pressures, 

and/or flow rates, necessary to monitor the emission control system to ensure its proper 

operation and maintenance. The plan should include recordkeeping requirements 

sufficient to verify that necessary maintenance activities have been performed and key 

system operating parameters were monitored. 

"Owner” and/or “Operator" means any person who owns, leases, operates, controls, or 

supervises a facility, building, structure, or installation that directly or indirectly results or 

may result in emissions of any air pollutant for which a national, state of Nevada, or 

Clark County standard is in effect. For the purposes of Sections 90 through 94, "Owner” 
Amended 11-16-10 

CC Air Quality Regulations 

0-15

and/or “Operator" means any person who owns, leases, operates, maintains, controls, or 

supervises a fugitive dust source subject to the requirements of these regulations. 

"Oxygenated Gasoline" means gasoline blended with a component or components 

containing oxygen, generally an alcohol or ether. 

"Part 70 Operating Permit" means any permit or group of permits covering a Part 70 

Source that are issued, renewed, amended, or revised pursuant to Section 12.5. 

“Part 70 Source” means the following: 

(a) Any source defined as a major stationary source under Sections 12.2.2(ff) 

or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1, 2010; 

(b) Any source, including an area source, subject to a standard, limitation, or 

other requirement under Section 111 of the Act, but only if the 

Administrator has determined that the source is required to obtain a Part 

70 Operating Permit; 

(c) Any source, including an area source, subject to a standard or other 

requirement under Sections 112(d), (f), or (h) of the Act, but only if the 

Administrator has determined that the area source subject to such 

standards is required to obtain a Part 70 Operating Permit. A source is not 

a Part 70 Source solely because it is subject to regulations or 

requirements under Section 112(r) of the Act; 

(d) Solid waste incineration units, including hospital/medical/infectious waste 

incinerators, municipal waste incinerators, and commercial and industrial 

waste incinerators, that are required by Section 129(e) of the Act to obtain 

a Part 70 Operating Permit; 

(e) Any source with an affected unit, as defined in 40 CFR Part 72, that is 

subject to the requirements of the Title IV Acid Rain Program under the 

Act; 

(f) Any source that is a non-major municipal solid waste landfill with a design 

capacity greater than or equal to 2.5 million megagrams and 2.5 million 

cubic meters; or 

(g) Any source designated by the Administrator pursuant to 40 CFR § 70.3. 

"Particulate Matter (PM)" means any material, except uncombined water, that exists in a 

finely divided form as a liquid or solid at referenced conditions of 25o

 C and 760 mm 

mercury. 
Amended 11-16-10 

CC Air Quality Regulations 

0-16

"Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other 

similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or 

rubberized asphalt). 

“Permanent” means an emission reduction which is federally enforceable for the life of a 

corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), 

emission reductions for a stationary source are permanent if the reductions are federally 

enforceable and the reductions occur over the duration of the ERC rule. 

"Person" means the United States of America, the State of Nevada, or any individual, 

group of individuals, partnership, firm, company, corporation, association, trust estate, 

political subdivision, administrative agency, public or quasi-public corporation, or other 

legal entity. 

“PM2.5” means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal two and one half (2.5) micrometers. 

"PM10" means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal ten (10) micrometers. 

"Potential to Emit" means the maximum capacity of a stationary source to emit any 

regulated air pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit an air pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if 

the limitation or the effect it would have on emissions is enforceable as a practical matter. 

Secondary emissions do not count in determining the potential to emit of a stationary 

source. 

"Prime Coat" means the first of two or more coatings applied to a surface. 

"Process Weight" means the total weight of all materials introduced into any specific 

process, which process may cause any discharge into the atmosphere. Solid fuels 

charged will be considered as part of the process weight, but liquid and gaseous fuels and 

combustion air will not. "Process weight per hour" will be derived by dividing the total 

process weight by the number of hours in one complete operation thereof, excluding any 

time during which the equipment is idle. 

“Public Road” means a road owned and/or operated by a governmental entity, who has 

accepted ownership of the road through a formal action of its governing board; and, who 

has also accepted maintenance responsibilities for the road through a separate action 

of its governing board or designee. All other roads are private. 

“Quantifiable” means an emission reduction that can be reliably and replicably measured 

or determined. 
Amended 11-16-10 

CC Air Quality Regulations 

0-17

“Reasonably Available Control Technology (RACT)” means the lowest emissions 

limitation that a particular source is capable of meeting by the application of control 

technology that is reasonably available, considering technological and economical 

feasibility. In determining RACT, the following shall be considered: 

(a) Energy and environmental impacts and costs; 

(b) Cost effectiveness; 

(c) Control technology in use by similar sources; and 

(d) Technical feasibility. 

For the purposes of this definition, a control technology shall be deemed RACT if it is 

or meets an EPA control technology guideline limitation for the applicable source 

category, is a New Source Performance Standard, Maximum Achievable Control 

Technology standard, or any other federally enforceable limitation or condition relied 

upon as RACT in a nonattainment or maintenance plan. 

RACT may be determined on a case-by-case or source category-specific basis, at 

the option of the person performing the control technology review, and shall take into 

account relevant findings and determinations in EPA's RACT/BACT/LAER 

Clearinghouse. The determination of cost effectiveness may consider the analysis 

contained in the EPA Office of Air Quality Planning and Standards Cost Control 

Manual. 

"Reclaimed Water" means waste water that, as a result of appropriate treatment, is 

suitable for subsequent beneficial use. Reclaimed water does not meet the State of 

Nevada standards for potable water. 

"Reconstruction" or "Reconstruct" means: (1) for the purpose of meeting the requirements 

of 40 CFR Part 60 (“New Source Performance Standards”), the definition at 40 CFR § 

60.15, or (2) for the purpose of meeting the requirements of 40 CFR Part 63 (“National 

Emission Standards for Hazardous Air Pollutants”), the definition at 40 CFR § 63.2. 

"Regulated Air Pollutant(s)" means the following: 

(a) Any air pollutant for which a standard has been adopted pursuant to 

Section 109 of the Act, or any precursor to such air pollutants; 

(b) Any pollutant that is subject to any standard promulgated in Section 111 of 

the Act; 

(c) Any pollutant that is otherwise subject to regulation under the Act, except 

that any or all hazardous air pollutants either listed in Section 112 of the 

Act or added to the list pursuant to Section 112(b)(2) of the Act, and which 

have not been delisted pursuant to Section 112(b)(3) of the Act, are not 
Amended 11-16-10 

CC Air Quality Regulations 

0-18

regulated New Source Review pollutants unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act; 

(d) Any pollutant that is a Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act; or 

(e) A regulated New Source Review pollutant, as defined in Section 12.2.2. 

"Renewal" means the process by which a permit is reissued at the end of its term. 

“Road Easement” means an easement utilized by the easement holder, or others with 

the permission of the easement holder, for travel by motor vehicle. In the case of a road 

easement, the owner and/or operator is the easement holder. 

“Secondary Emissions” means emissions that occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the 

major stationary source or major modification itself. Secondary emissions must be specific, 

well-defined, quantifiable, and impact the same general areas as the stationary source 

modification that causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility that would not be constructed or increase its 

emissions except as a result of the construction or operation of the major stationary source 

or major modification. Secondary emissions do not include any emissions that come 

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from 

a train, or from a vessel. 

“Shutdown” means the cessation of operation of any air pollution control equipment or 

process equipment for any purpose. 

"Single Coat" means a single film of coating applied directly to the material being coated 

omitting the prime coat application. 

"Slow Curing (SC)" means a cutback asphalt generally using a low volatility fuel oil as a 

solvent. 

"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, 

including a pipe or duct, but not including flares. 

"Stage I" means gasoline vapor recovery during transfer of gasoline from gasoline delivery 

vehicles to stationary tanks used for refueling motor vehicles. 

"Stage II" means gasoline vapor recovery during motor vehicle refueling operations from 

stationary tanks. 

"State" means any nonfederal permitting authority, including any local agency, interstate 

association, or statewide program. 
Amended 11-16-10 

CC Air Quality Regulations 

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"Stationary Source" means any building, structure, facility, or installation that emits or may 

emit any regulated air pollutant. 

“Surplus” means an emission reduction that has not been relied on in any air quality 

program related to any SIP, that is not a Nevada SIP requirement, that is not a 

requirement of a state air quality program that has been adopted but is not in the 

Nevada SIP, is not credited in any federal reasonable further progress or other 

milestone demonstration, is not a requirement of a consent decree, is not a requirement 

of a federal rule that focuses on reducing criteria air pollutants or their precursors, and 

has not already been credited in any other air quality program. The purpose of requiring 

that emissions offsets be surplus is to prohibit double counting of emission reductions. 

"Top Coat" means the final film of coating applied to a two-coat operation. 

"Top Off" means to attempt to dispense gasoline to a motor vehicle fuel tank after a vapor 

recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks 

in which the nature and configuration of the fill pipe causes premature shutoff of the 

dispensing nozzle, and which are filled only after the seal between the fill pipe and the 

nozzle is broken, shall not be considered topping off. 

"Topsoil" means the layer of the soil that, by its humus content, supports vegetation. It is 

usually the top six inches of soil but may extend deeper. 

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not paved 

and that is used for parking, maneuvering, or storing motor vehicles; material handling and 

storage yards; or vehicle and equipment storage yards. 

"Vapor" means the gaseous phases of a substance that, at normal temperature and 

pressures, is a liquid or solid. 

"Vapor Control System" means a device, or combination of devices, into which vapors are 

passed before being vented into the ambient air. 

"Vapor Tight" means a reading of less than 10,000 parts per million above background as 

methane when measured at a distance of one centimeter from the leak source with a 

portable hydrocarbon detection instrument. “Background” is defined as the ambient 

concentration of organic compounds determined at least three meters upwind from any 

equipment to be inspected and uninfluenced by any specific emissions unit. 

"Volatile Organic Compound (VOCs)" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, that participates in atmospheric photochemical reactions. 

(a) The following organic compounds shall not be defined as VOCs because 

of their negligible photochemical reactivity: 
Amended 11-16-10 

CC Air Quality Regulations 

0-20

(1) methane; 

(2) ethane; 

(3) methylene chloride (dichloromethane); 

(4) 1,1,1-trichloroethane (methyl chloroform); 

(5) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 

(6) trichlorofluoromethane (CFC-11); 

(7) dichlorodifluoromethane (CFC-12); 

(8) chlorodifluoromethane (HCFC-22); 

(9) trifluoromethane (HFC-23); 

(10) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114); 

(11) chloropentafluoroethane (CFC-115); 

(12) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

(13) 1,1,1,2-tetrafluoroethane (HFC- 134a); 

(14) 1,1-dichloro 1-fluoroethane (HCFC-141b); 

(15) 1-chloro 1,1-difluoroethane (HCFC-142b); 

(16) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

(17) pentafluoroethane (HFC-125); 

(18) 1,1,2,2-tetrafluoroethane (HFC-134); 

(19) 1,1,1- trifluoroethane (HFC-143a); 

(20) 1,1-difluoroethane (HFC-152a); 

(21) parachlorobenzotrifluoride (PCBTF); 

(22) cyclic, branched, or linear completely methylated siloxanes; 

(23) acetone; 

(24) perchloroethylene (tetrachloroethylene); 

(25) 3,3- dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

(26) 1,3-dichloro-1,1,2,2,3- pentafluoropropane (HCFC-225cb); 

(27) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee); 

(28) difluoromethane (HFC-32); 

(29) ethylfluoride (HFC-161); 

(30) 1,1,1,3,3,3- hexafluoropropane (HFC-236fa); 

(31) 1,1,2,2,3-pentafluoropropane (HFC-245ca); 

(32) 1,1,2,3,3-pentafluoropropane (HFC-245ea); 

(33) 1,1,1,2,3-pentafluoropropane (HFC- 245eb); 

(34) 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

(35) 1,1,1,2,3,3- hexafluoropropane (HFC-236ea); 

(36) 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

(37) chlorofluoromethane (HCFC-31); 

(38) 1 chloro-1-fluoroethane (HCFC-151a); 

(39) 1,2- dichloro-1,1,2-trifluoroethane (HCFC-123a); 

(40) 1,1,1,2,2,3,3,4,4-nonafluoro-4- methoxy-butane (C4F9OCH3 or HFE7100); 

(41) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OCH3); 

(42) 1-ethoxy-1,1,2,2,3,3,4,4,4- nonafluorobutane (C4F9OC2H5 or HFE7200); 
Amended 11-16-10 

CC Air Quality Regulations 

0-21

(43) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OC2H5); 

(44) Methyl acetate, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-

dodecafluoro-2-(trifluoromethy l) hexane (HFE-7500), 1,1,1,2,3,3,3-

heptafluoropropane (HFC 227ea), methyl formate (HCOOCH[3]), 

(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300), and perfluorocarbon compounds which fall 

into these classes: 

(i) Cyclic, branched, or linear, completely fluorinated alkanes; 

(ii) Cyclic, branched, or linear, completely fluorinated ethers with 

no unsaturations; 

(iii) Cyclic, branched, or linear, completely fluorinated tertiary 

amines with no unsaturations; and 

(iv) Sulfur containing perfluorocarbons with no unsaturations and 

with sulfur bonds only to carbon and fluorine. 

(45) Tertiary butyl acetate (C6H12O2). 

(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 

of the Act shall be subject to the more stringent requirements applicable 

under either category of pollutant. 

History: Amended: July 9, 1987; November 17, 1988; January 25, 1990; May 27, 1993; November 18, 1993; August 25, 

1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; 

January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001; 

December 4, 2001; June 3, 2003; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010; November 

16, 2010. 
Amended 12/20/05 2-1 

CC Air Quality Regulations

 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 2 - PROCEDURES FOR ADOPTION AND REVISION OF 

REGULATIONS AND FOR INCLUSION OF THOSE 

REGULATIONS IN THE STATE IMPLEMENTATION PLAN 

2.1 Purpose. 

(a) The purpose of this regulation is to set forth the general procedural 

requirements for the adoption and revision of Clark County Air Quality 

Regulations and for inclusion of certain of those regulations in the State 

Implementation Plan in accordance with NRS §§ 244.095-.119, NRS §§ 

237.030-.110, NRS §§ 445B .215 and .500(2), Section 110 of the Act, and 

40 C.F.R. Part 51. The Board of County Commissioners (“BCC”) shall 

comply with any additional applicable procedural requirements pursuant to 

federal, state, or local law. 

2.2 Procedures for Adoption and Revision of the Air Quality Regulations by 

Ordinance. 

 

2.2.1 Enactment by Bill; Summary and Title. 

• No ordinance shall be adopted by the BCC except by bill. When an 

ordinance is amended, the section or sections thereof shall be reenacted 

as amended, and no ordinance shall be revised or amended by reference 

only to its title. 

 

• Every ordinance shall bear a summary, which shall appear before the title 

and which shall state in brief the subject matter of the ordinance. 

 

• The subject of each ordinance shall be clearly indicate d in the title. In any 

case in which the subject of the ordinance is not described in the title, the 

ordinance shall be void as to the matter not described. 

2.2.2 Notice of Public Hearing; Introduction of Ordinance; Publication of Hearing 

Procedures for Enactment; Publication of Revised Ordinance. 
Amended 12/20/05 2-2 

CC Air Quality Regulations

(a) Notice of Public Hearing. Notice of the public hearing on an ordinance 

which is to be considered by the BCC must be given in any newspaper, 

pursuant to the provisions of chapter 238 of NRS, once a week for three 

weeks commencing at least 30 days before the hearing. The notice must 

specify with particularity the reasons for the proposed ordinance and 

provide other informative details. 

(b) Introduction of Ordinance. All proposed ordinances including ordinances 

proposed for inclusion in the SIP, when first proposed, must be read by 

title to the BCC, immediately after which at least one copy of the proposed 

ordinance must be filed with the County Clerk for public examination in 

each district in which it will apply. 

(c) Publication of Hearing. Notice of the filing, together with the title and an 

adequate summary of the ordinance, and the date on which a public 

hearing will be held, must be published once in a newspaper published in 

the county at least 10 days before the date set for the hearing. 

(d) Enactment. The BCC shall adopt or reject the ordinance, or the ordinance 

as amended, within thirty-five (35) days after the date of the close of the 

final public hearing, except that in cases of emergency, by unanimous 

consent of the whole BCC, final action may be taken immediately or at a 

special meeting called for that purpose. 

(1) After adoption, the ordinance must be: 

(i) Signed by the chairman of the BCC. 

(ii) Attested by the County Clerk. 

 

 (iii) Published by title only, together with the names of the County 

commissioners voting for or against its passage, in a newspaper 

published in and having a general circulation in the County, at least 

once a week for a period of two (2) weeks before it goes into effect. 

Publication by title must also contain a statement to the effect that 

typewritten copies of the ordinance are available for inspection at 

the office of the County Clerk by all interested persons. 

(e) Publication of Revised Ordinance. Whenever a revision is made and the 

revised ordinances are published in book or pamphlet form by authority of 

the BCC, no further publication is necessary. 

 (1) Except in an emergency, before acting upon a new or amended 

ordinance the BCC must hold a hearing at which interested persons 

may present their views. The public hearing may be held in 

conjunction with the meeting provided for in subsection 2.2.2(d). 
Amended 12/20/05 2-3 

CC Air Quality Regulations

2.2.3 Style of Ordinances. 

(a) The style of the ordinances shall be as described in NRS § 244.110. 

 

2.2.4 Adoption of Ordinances Affecting Businesses; Economic Impact Analysis. The 

BCC shall comply with the provisions set forth in NRS §§ 237.030 through 

237.110. 

2.2.5 Variance Between Ordinance and Published Notice of Proposed Ordinance. 

(a) The BCC may not consider an ordinance that is substantially different 

from the proposed ordinance contained in the notice of proposed rule 

making filed with the County Clerk pursuant to subsection 2.2.2(b). 

However, the BCC may terminate a rule making proceeding and 

commence a new rule making proceeding for the purpose of making a 

substantially different rule. 

(b) In determining whether an ordinance is substantially different from the 

published proposed ordinance on which it is required to be based, all of 

the following must be considered: 

(1) The extent to which all persons affected by the ordinance should 

have understood that the published proposed ordinance would 

affect their interests. 

(2) The extent to which the subject matter of the ordinance or the 

issues determined by that ordinance are different from the subject 

matter or issues involved in the published proposed ordinance. 

 (3) The extent to which the procedure contained in the ordinance or the 

effects of the ordinance differ from the procedure or effects of the 

published proposed ordinance if it had been made instead. 

2.3 Additional Procedures for the Adoption and Revision of Regulations and 

Other Materials to be Incorporated in the State Implementation Plan. 

2.3.1 Applicability. To the extent an air quality regulation is also to be submitted to the 

Nevada Division of Environmental Protection (“NDEP”) for inclusion in the SIP 

under § 110 of the Act, the procedures described in this section 2.3 shall be 

followed. These procedures shall apply to submission of: 

(a) Any revision to the SIP described by 40 C.F.R. § 51.104(a). 

(b) Any individual compliance schedule under 40 C.F.R. § 51.260. 
Amended 12/20/05 2-4 

CC Air Quality Regulations

 

 (c) Any other SIP revision submitted to NDEP pursuant to 40 C.F.R. 

§ 51.104(d). 

2.3.2 Additional Procedural Requirements. 

(a) Public Notice. Any notice required by subsection 2.2.2(a) will also include 

notice to: 

(1) The Administrator (through the appropriate regional office). 

(2) Notification to each local air pollution control agency and tribal 

government which will be significantly impacted by such plan, 

schedule or revision; 

(3) In the case of an interstate region, notification to any other States 

included, in whole or in part, in the regions which are significantly 

impacted by such plan or schedule or revision. 

 (4) In addition to the public notice requirements provided herein, the 

BCC may require that notice be given in an alternate publication or 

forum. 

(b) Public hearings. 

(1) Separate hearings may be held for plans to implement primary and 

secondary standards. 

(2) No hearing will be required for any change to an increment of 

progress to an approved individual source compliance schedule 

unless that change is likely to cause the source to be unable to 

comply with the final compliance date in the schedule. 

(c) Recording-keeping and Certification of Public Hearing. 

(1) The Department of Air Quality and Environmental Management 

(“DAQEM”), on behalf of the BCC, shall prepare and retain, for 

inspection by the Administrator upon request, a record of each 

hearing and each written comment. The hearing record must 

contain, at a minimum, a list of commenters together with the 

content of each presentation. 

 (2) The BCC shall submit to NDEP with the plan, revision, or schedule 

a certification that the hearing required by 40 C.F.R. § 51.102(a) 

was held in accordance with the notice required by 40 C.F.R. § 

51.102(d). 
Amended 12/20/05 2-5 

CC Air Quality Regulations

2.3.3 Submission of Plans; Preliminary Review of Plans. 

(a) The following items shall be included with ordinances, compliance plans or 

other SIP components to be submitted to NDEP for transmittal to EPA: 

(1) SIP administrative materials: 

(i) Evidence that the BCC has adopted the SIP in accordance with 

applicable state and local law or issued the permit, order, consent 

agreement or other SIP component in final form in accordance with 

40 C.F.R. Part 51. That evidence must include the date of adoption 

or final issuance as well as the effective date of the revision or 

other component, if different from the adoption/issuance date. 

(ii) Evidence that the BCC has the necessary legal authority to adopt 

and implement the SIP. 

(iii) A copy of the actual ordinance, or document submitted for approval 

and incorporation by reference into the SIP, including indication of 

the changes made to the existing approved SIP, where applicable. 

The submittal may be a copy of the official ordinance/document 

signed, stamped, dated by the appropriate BCC official indicating 

that it is fully enforceable by the BCC. The effective date of the 

ordinance/document must, whenever possible, be indicated in the 

document itself. 

(iv) Evidence that public notice was given of the proposed change 

consistent with EPA procedures, including the date of publication of 

that notice. 

(v) Certification that public hearing(s) were held in accordance with 

information provided in the public notice and applicable state and 

local law, if required. 

(vi) Compilation of public comments and the BCC's response. 

(2) Technical Support. 

(i) Identification of all regulated pollutants affected by the ordinance, 

compliance plan or other SIP component. 

(ii) Identification of the locations of affected sources. 

(iii) Quantification of the changes in SIP allowable emissions from the 

affected sources; estimates of changes in current actual emissions 

from affected sources or, where appropriate, quantification of 
Amended 12/20/05 2-6 

CC Air Quality Regulations

changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision. 

(iv) Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology. 

(v) Evidence that the plan contains emission limitations, work practice 

standards and record-keeping/reporting requirements, where 

necessary, to ensure compliance with emission levels. 

(vi) Compliance/enforcement strategies, including how compliance will 

be determined in practice. 

(b) The BCC, through its submission to NDEP for transmittal to the 

Administrator, may submit those elements of the SIP awaiting formal 

adoption for EPA’s comment prior to adoption under the “parallel 

processing” procedures of 40 C.F.R. Part 51, § 51.103(b), Appendix V, 

Section 2.3.1. SIP provisions undergoing parallel processing are not 

subject to the requirements of subsection 2.3.3(a)(1) but must meet all 

requirements of subsection 2.3.3(a)(2). The following requirements apply 

to plans submitted for parallel processing: 

(1) A letter requesting that EPA propose approval of the proposed plan 

by parallel processing. 

(2) In lieu of subsection 2.3.3(a)(1)(i), the BCC shall submit a schedule 

for final adoption or issuance of the plan. 

(3) In lieu of subsection 2.3.3(a)(1)(iii), the submission shall include a 

copy of the proposed/draft regulation or document, including 

indication of the proposed changes to be made to the existing 

approved plan, where applicable. 

(4) The requirements of subsections 2.3.3(a)(1)(v)-(vi) do not apply to 

plans submitted for parallel processing. 

(c) Parallel Processing applies only to EPA’s determination of proposed 

action. The BCC must meet all requirements of subsection 2.3.3(a)(2) 

prior to publication of EPA’s final determination of plan approvability. 

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20, 2005. 
Amended 07/01/04 4-1 

CC Air Quality Regulations

` 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 4 - CONTROL OFFICER

4.1 The administrative enforcement of the Regulations shall be performed by the 

CONTROL OFFICER. 

4.2 The CONTROL OFFICER, or his designated agent, shall carry out the policies of 

the Clark County Board of County Commissioners, and each of the CONTROL 

OFFICER's acts shall be subject to review by the Clark County Board of 

County Commissioners. 

4.3 The CONTROL OFFICER, or his representative, may enter into and inspect any 

property, premises or place on or at which an air contaminant source is 

located or is being constructed, installed or established at any reasonable 

time for the purpose of ascertaining the state of compliance with these 

Regulations. 

4.3.1 No person shall: 

4.3.2 Refuse entry or access to any authorized representative of the Clark County 

Board of County Commissioners who requests entry for purposes of 

inspection, as provided in this section, and who presents appropriate 

credentials. 

4.3.3 Obstruct, hamper or interfere with any such inspection. 

4.3.4 If requested, the owner or operator of the premises shall receive a report 

setting forth all facts found which relate to compliance status. 

4.4 The CONTROL OFFICER at any time may require from any person such 

information or analyses as will disclose the nature, extent, quantity or degree 

of air contaminants which are or may be discharged by such source, and 

type or nature of control equipment in use, and may require that such 

disclosures be certified by a professional engineer registered in the State. In 

addition to such report, the CONTROL OFFICER may designate an authorized 

agent to make an independent study and report as to the nature, extent, 

quantity or degree of any air contaminants which are or may be discharged 

from source. An authorized agent so designated is authorized to inspect any 
Amended 07/01/04 4-2 

CC Air Quality Regulations

article, machine, equipment, or other contrivance necessary to make the 

inspection and report. 

4.5 The CONTROL OFFICER may require any person responsible for EMISSION of 

air contaminants to make or have made tests to determine the EMISSION of 

air contaminants from any source, whenever the CONTROL OFFICER has 

reason to believe that an EMISSION in excess of that allowed by the Air 

Quality Regulations is occurring. The CONTROL OFFICER may specify testing 

methods to be used in accordance with good professional practice. The 

CONTROL OFFICER may observe the testing. All tests shall be conducted by 

reputable, qualified personnel. The CONTROL OFFICER shall be given a copy 

of the test results in writing and signed by the person responsible for the 

tests. 

4.6 The CONTROL OFFICER may conduct tests of EMISSIONs of air contaminants 

from any source. Upon request of the CONTROL OFFICER, the person 

responsible for the source to be tested shall provide necessary holes in 

stacks or ducts and such other safe and proper sampling and testing 

facilities, exclusive of instruments and sensing devices as may be necessary 

for proper determination of the EMISSION of air contaminants. 

4.7 Whenever the CONTROL OFFICER believes that a statute or regulation for the 

prevention, abatement or control of AIR POLLUTION has been violated, he 

shall cause written notice to be served in person or by certified mail upon the 

PERSON or PERSONS responsible for the alleged violation. 

4.7.1 The notice shall specify: 

4.7.1.1 The statute or regulation alleged to be violated. 

4.7.1.2 The facts alleged to constitute the violation. 

4.7.2 The notice may include an order to take corrective action within a reasonable 

time, which shall be specified. 

4.7.2.1 A Corrective Action Order issued pursuant to Subsection 4.7.2 becomes final unless 

appealed to the Air Pollution Control HEARING BOARD, in writing, within ten 

(10) days after it is mailed to the person ordered to take corrective action. 

4.7.2.2 A Corrective Action Order appealed to the Air Pollution Control HEARING BOARD is 

temporarily stayed pending disposition of the appeal by the Air Pollution 

Control HEARING BOARD. 

4.7.2.3 A Corrective Action Order appealed to the Air Pollution Control HEARING BOARD

becomes final immediately upon its affirmance by the Air Pollution Control 

HEARING BOARD. 
Amended 07/01/04 4-3 

CC Air Quality Regulations

 

4.7.2.4 Failure to comply with the terms of a final Corrective Action Order is a violation of 

these Regulations. 

4.7.3 With or without the issuance of an order pursuant to Subsection 4.7.2, or if 

corrective action is not taken within the time specified: 

4.7.3.1 The CONTROL OFFICER may notify the person or persons responsible for the alleged 

violation to appear before the Air Pollution Control HEARING BOARD at a 

specified time and place; or 

4.7.3.2 The CONTROL OFFICER may initiate proceedings before the Hearing Officer for the 

levying of the appropriate penalty and/or Order to Show Cause. 

4.7.4 Nothing in this Section prevents the Clark County Board of County 

Commissioners or the CONTROL OFFICER from making efforts to obtain 

voluntary compliance through warning, conference or other appropriate 

means. 

4.7.5 The CONTROL OFFICER may seek criminal fines not to exceed $10,000 per 

day per violation against any PERSON who knowingly violates any applicable 

permit requirement; any permit condition; or any fee or filing requirement. 

4.7.6 The CONTROL OFFICER may seek criminal fines not to exceed $10,000 per 

day per violation against any PERSON who knowingly makes false material 

statement, representation or certification in any form, in any notice or report 

required by a permit, or who knowingly renders inaccurate any required 

monitoring device or method. 

4.8 Upon a finding by the Air Pollution Control HEARING BOARD that a PERSON

has not complied with the terms of an order, or upon the levying of a penalty 

by the Hearing Officer and/or Air Pollution Control HEARING BOARD, the 

CONTROL OFFICER, in the name of the Clark County Board of County 

Commissioners, may initiate action in the District Court or other court of 

competent jurisdiction for injunctive relief, to collect the penalty levied, or for 

other appropriate remedy. 

4.9 It is a condition of the issuance of an OPERATING PERMIT or any registration 

required by these Regulations that the registrant or holder agrees to permit 

inspection of the premises to which the permit or registration relates by the 

CONTROL OFFICER at any time during the registrant's or holder's hours of 

operation without prior notice. This condition shall be stated on each 

registration or application form, and OPERATING PERMIT. 

4.10 If a source of air contaminant exists or is constructed without registration or is 

operated without an OPERATING PERMIT, the CONTROL OFFICER may inspect it 
Amended 07/01/04 4-4 

CC Air Quality Regulations

at any reasonable time, and may enter any premises to search for such a 

source If entry is refused, or prior to attempting to enter, the CONTROL 

OFFICER may apply to any magistrate for a search warrant. 

4.11 The CONTROL OFFICER shall maintain all procedural forms and instructions 

pertaining to procedures set forth in these Regulations, and shall make such 

forms and instructions available upon request of any interested party. 

4.12 Public Notification 

4.12.1 The CONTROL OFFICER shall notify the public on a regular basis of instances 

or areas in which any AMBIENT AIR quality standard was exceeded during any 

portion of the preceding calendar year. 

4.12.2 The CONTROL OFFICER shall advise the public of the health hazards 

associated with such an exceedance of an AMBIENT AIR quality standard. 

4.12.3 The CONTROL OFFICER shall increase the public awareness of 

(1) Measures which can be taken to prevent an AMBIENT AIR quality 

standard from being exceeded; and 

 (2) Ways in which the public can participate in regulatory and other efforts 

to improve air quality. 

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2000; June 3, 2003; July 1, 2004. 
Amended 07/01/04 5-1 

CC Air Quality Regulations

CLARK COUNTY 

AIR QUALITY REGULATIONS

 SECTION 5 - INTERFERENCE WITH CONTROL OFFICER

5.1 It is unlawful for any person: 

5.1.1 To hinder, obstruct, delay, resist, interfere with, or attempt to interfere with, 

the CONTROL OFFICER, or any individual to whom authority has been duly 

delegated for the performance of any duty by these Regulations. 

5.1.2 To refuse to permit the CONTROL OFFICER or any individual to whom such 

authority has been delegated, to administer or perform any function provided 

for herein, by refusing him at any reasonable time entrance to property or 

premises, except a private residence, containing equipment or open fire, 

discharging, or suspected and believed to be discharging, smoke, dust, gas, 

vapor, or odor into the open air. 

5.1.3 To fail to disclose information when requested under oath or otherwise, to 

the CONTROL OFFICER or any individual to whom such authority has been 

delegated. 

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Amended 07/01/04 6-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

 

SECTION 6 - INJUNCTIVE RELIEF

6.1 In addition to any remedy of law hereunder, the CONTROL OFFICER may apply to 

a court of competent jurisdiction for other equitable and injunctive relief to 

enforce compliance with, or to restrain violations of any provision of these 

Regulations, or of any regulation or rule made and adopted pursuant thereto. 

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 Amended 07/01/04 7-1 

CC Air Quality Regulations 

 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 7 – AIR POLLUTION CONTROL HEARING BOARD AND HEARING 

OFFICER

7.1 The Air Pollution Control HEARING BOARD shall select a Chairman and ViceChairman and such other officers as it deems necessary and, subject to the 

approval of the Clark County Board of County Commissioners, may adopt a 

manual of procedures to govern its operation. 

7.2 Members of the Air Pollution Control HEARING BOARD shall serve the following 

terms: Three shall be appointed for a term of one year, three shall be 

appointed for a term of two years and one shall be appointed for a term 

of three years. Each succeeding term shall be for a period of three years. 

7.3 The HEARING OFFICER(s) shall act, independent of each other in regards to 

decisions. HEARING OFFICER(s) shall be selected by the Clark County Board 

of County Commissioners, from qualified applicants to the Department of Air 

Quality and Environmental Management. The HEARING OFFICER(s) will be an 

independent contractor who serves at the pleasure of the Clark County 

Board of County Commissioners. The Clark County Board of County 

Commissioners shall review and set such fees as are paid to the HEARING 

OFFICER and shall be in accord with the fee schedule(s) annually approved 

by the Clark County Board of County Commissioners. 

7.4 Alleged Violations: 

7.4.1 Alleged Violations without Corrective Action: 

7.4.1.1 The CONTROL OFFICER may notify person or persons responsible for an alleged 

violation to appear before the HEARING OFFICER. 

7.4.1.2 If a hearing upon an alleged violation is held and if the Hearing Officer finds that a 

violation has occurred: 

7.4.1.2.1 The HEARING OFFICER may levy such penalty that he deems appropriate to 

the violation, in accordance with Section 9 of these Regulations. 
 Amended 07/01/04 7-2 

CC Air Quality Regulations 

7.4.1.2.2 If the HEARING OFFICER determines that emissions in excess of any limits, 

contained in the Regulations, were the result of a malfunction, then he shall 

dismiss the Notice of Violation, except as otherwise provided herein. In 

determining whether or not a malfunction occurred, the HEARING OFFICER

may use the guidelines of Subsection 25.1.1. 

7.4.2 Alleged Violations with Corrective Action: 

7.4.2.1 If an alleged violator does not agree with a Corrective Action Order issued by the 

CONTROL OFFICER, he may appeal to the Air Pollution Control HEARING 

BOARD. 

7.4.2.2 The Air Pollution Control HEARING BOARD may affirm, modify, or rescind a Corrective 

Action Order previously issued by the CONTROL OFFICER; and 

7.4.2.2.1 The Air Pollution Control HEARING BOARD may issue an order for abatement, 

control or other appropriate corrective action. 

7.5 Request for Variance 

7.5.1 The owner or operator of a source of Air Contaminant or a person who 

desires to establish such a source may apply to the Air Pollution Control 

HEARING BOARD for a variance. There shall be a $140.00 fee for filing any 

request for a variance. The Air Pollution Control HEARING BOARD may grant a 

variance only if, after public hearing on due notice, it finds from a 

preponderance of the evidence that: 

7.5.1.1 The emissions occurring or proposed do not endanger or tend to endanger human 

health or safety; and 

7.5.1.2 Compliance with the Regulations would produce serious hardship without equal or 

greater benefits to the public. 

7.5.2 Variance Applicants shall truthfully disclose all information required to 

process the variance application. Information determined to be false or 

misrepresented shall void the variance application and the application fee 

shall be forfeit. 

7.5.2.1 Variances granted based on false or misrepresented application information shall be 

nullified by the Air Pollution Control HEARING BOARD and may result in 

enforcement action. All fees paid for the variance shall be forfeit. 

7.5.3 A variance shall not be granted unless the Air Pollution Control HEARING 

BOARD has considered the relative interests of first, the public; second, other 

owners of property likely to be affected by the EMISSIONS; and last, the 

applicant. 
 Amended 07/01/04 7-3 

CC Air Quality Regulations 

7.5.4 The Air Pollution Control HEARING BOARD may in granting a variance impose 

appropriate conditions upon an applicant, and may revoke the variance for 

failure to comply. 

7.5.5 No STATIONARY SOURCE shall be granted a variance from any applicable 

requirement, as defined in Section 0, or any requirement in Section 19. 

7.6 Renewals of Variance 

7.6.1 A variance may be renewed only under circumstances and upon conditions 

which would justify its original granting. 

7.6.2 Application for any renewal must be made at least sixty (60) days prior to 

expiration of the variance to be renewed, and the Air Pollution Control 

HEARING BOARD shall give public notice of the application. 

7.6.3 If a protest is filed with the Air Pollution Control HEARING BOARD against the 

renewal, the Air Pollution Control HEARING BOARD shall hold a public hearing 

and shall not renew the variance unless it makes specific, written findings, of 

fact which justify the renewal. 

7.7 Duration of Variance 

7.7.1 If the variance is granted for any reason, it shall be granted for one year or 

less. 

7.8 No applicant is entitled to the granting or renewal of a variance as a 

 right. 

7.9 Advice 

7.9.1 Any interested person may file a petition with the Air Pollution Control 

HEARING BOARD for a declaratory order or advisory opinion as to the 

applicability of these Regulations or of actions by the Clark County Board of 

County Commissioners, or the CONTROL OFFICER. 

7.10 Appeals 

7.10.1 Any person aggrieved by: 

7.10.1.1 The issuance, denial, renewal, suspension or revocation of an OPERATING 

PERMIT; or 

7.10.1.2 The issuance, modification or rescission of any other order by the CONTROL 

OFFICER may appeal to the Air Pollution Control HEARING BOARD. 
 Amended 07/01/04 7-4 

CC Air Quality Regulations 

7.10.2 The Air Pollution Control HEARING BOARD shall decide the appeal, and may 

order the affirmance, modification or reversal of any action taken by the 

CONTROL OFFICER which is the subject of the appeal. 

7.10.3 The Air Pollution Control HEARING BOARD shall decide the appeal, and may 

order the affirmance, modification or reversal of any action taken by the 

HEARING OFFICER which is the subject of the appeal. 

7.10.4 The Air Pollution Control HEARING BOARD shall provide by rule for the time 

and manner in which appeals are to be taken to the Air Pollution Control 

HEARING BOARD. Appeals from any order issued pursuant to Subsection 

4.7.2 shall be made in writing within ten (10) days of receipt by the violator of 

the order or from receipt by the violator of the written decision of the HEARING 

OFFICER, whichever is later. 

7.11 Judicial Review 

7.11.1 Any person aggrieved by an order or decision of the Air Pollution Control 

HEARING BOARD may seek judicial review in accordance with law. 

7.11.2 Judicial review procedures for permits issued pursuant to Section 19. 

7.11.2.1 Any person aggrieved by the following may seek judicial review: 

 (a) Failure of the CONTROL OFFICER to take final action within the time 

specified in Section 19: 

 (1) Permit Issuance 

 (2) Permit Renewal 

 (3) Permit Revision 

 (b) Failure of the CONTROL OFFICER to take final action on an application 

requesting minor permit modification within ninety (90) days of receipt 

of such application. 

 (c) Failure of the CONTROL OFFICER to reopen a permit under Subsection 

19.5.6.1(e). 

7.11.2.2 Subsection 7.11 shall be the exclusive means for obtaining judicial review of 

the permit terms and conditions 

7.11.2.3 Petitions requesting judicial review shall be filed no later than thirty (30) days 

after the final decision of the Air Pollution Control HEARING BOARD as 
 Amended 07/01/04 7-5 

CC Air Quality Regulations 

provided in Subsection 7.10.2, or the failure of the CONTROL OFFICER to act 

as set forth in Subsection 7.11.2.1. 

7.12 Procedures 

7.12.1 The Air Pollution Control HEARING BOARD shall meet within twenty (20) days 

after receipt of a request by the AIR QUALITY COMMITTEE, the CONTROL 

OFFICER, or on its own initiative. 

7.12.2 The Chairman, or in his absence the Vice-Chairman of the Air Pollution 

Control HEARING BOARD, may issue subpoenas to compel attendance of any 

person at hearing, and require the production of books, records, and other 

documents material to a hearing. 

7.12.3 Four members of the Air Pollution Control HEARING BOARD must be present 

to hold a hearing, and a majority of those present must concur in any 

decision. 

7.12.4 All testimony must be given under oath and recorded verbatim, by human or 

electronic means. Upon request, the Chairman shall provide for a transcript 

at the expense of the requesting party. 

7.12.5 Air Pollution Control HEARING BOARD procedures shall be governed by a 

manual of procedures adopted by the Board where not inconsistent with 

Chapter 233B of NRS. 

7.12.6 For the purpose of this Subsection an order of the Air Pollution Control 

HEARING BOARD shall be final ten (10) days after mailing to or personal 

service upon all of the aggrieved parties. 

7.12.7 An aggrieved party may request a rehearing before the Air Pollution Control 

HEARING BOARD within ten (10) days of his receipt of the final order. 

7.13 Procedures of the HEARING OFFICER

7.13.1 The HEARING OFFICER(s) shall meet upon the request of the CONTROL

OFFICER or on their own initiative. 

7.13.2 The HEARING OFFICER may issue subpoenas to compel attendance of any 

person at the hearing, and require the production of books, records, and 

other documents material to a hearing. 

7.13.3 The decision of the HEARING OFFICER or the CONTROL OFFICER shall be final 

unless the violator or the CONTROL OFFICER petitions for appeal of the 
 Amended 07/01/04 7-6 

CC Air Quality Regulations 

decision to the Air Pollution Control HEARING BOARD pursuant to Subsection 

7.10. 

7.13.4 All testimony shall be given under oath and recorded verbatim, by human or 

electronic means. Upon request, the HEARING OFFICER shall provide for a 

transcript at the expense of the requesting party. 

7.13.5 HEARING OFFICER shall be governed by a manual of procedures adopted by 

the Clark County Board of County Commissioners, consistent with the Air 

Pollution Control HEARING BOARD procedures and policies and where not 

inconsistent with Chapter 233B of NRS. 

7.13.6 For the purpose of this Subsection, a written order of the HEARING OFFICER

shall be final ten (10) days after mailing to or personal service upon all of the 

affected parties. 

7.13.7 Actions of the HEARING OFFICER will be forwarded as an informational item to 

the Air Pollution Control HEARING BOARD. 

7.14 Conflict of Interest 

7.14.1 A HEARING OFFICER or a member of the Air Pollution Control HEARING BOARD

may vote upon or consider a matter, if the benefit or detriment accruing to 

him as a result of the decision either individually or in a representative 

capacity as a member of a general business profession, occupation or 

group, is not greater than that accruing to any other member of the general 

business, profession, occupation or group. 

7.14.2 A HEARING OFFICER or a member of the Air Pollution Control HEARING BOARD

shall not vote upon, consider, or advocate the passage or failure of, but may 

otherwise participate in the consideration of a matter with respect to which 

the independence of judgment of a reasonable person in his situation would 

be materially affected by: 

 (a) His acceptance of a gift or loan; 

 (b) His pecuniary interest; or 

 (c) His commitment in a private capacity to the interest of others. 

7.14.3 If a member of the Air Pollution Control HEARING BOARD declares that he will 

abstain from voting because of the requirements of Subsection 7.14.2, the 

necessary quorum to act upon and the number of votes necessary to act 

upon the matter, is reduced as though the member abstaining were not a 

member of the Air Pollution Control HEARING BOARD
 Amended 07/01/04 7-7 

CC Air Quality Regulations 

7.14.4 If a HEARING OFFICER declares that he must abstain from rendering a 

decision because of the requirements of Subsection 7.14.2, the scheduled 

hearing will then be forwarded to a second HEARING OFFICER. If there are no 

qualified individuals, then the HEARING OFFICER(s) who are not disqualified 

per Subsection 7.14.2, then the Air Pollution Control HEARING BOARD will take 

action on the item as the reviewing administrative body. 

History: Amended: September 3, 1981; July 8, 1985; April 23, 1987; November 18, 1993; May 26, 1994; December 19, 

1996; April 24, 1997; December 21, 2000; June 3, 2003; July 1, 2004. 
Amended 07/01/04 8-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 8 - PERSONS LIABLE FOR PENALTIES - PUNISHMENT: 

DEFENSE

8.1 All PERSONS owning, operating, or in control of any equipment or property who 

shall cause, permit, or participate in, any violation of these Regulations shall 

be individually and collectively liable to any penalty or punishment imposed by 

and under these Regulations. 

8.2 It shall be a defense to any prosecution instituted against any employee or a 

PERSON owning, operating, or conducting any business, industry, or operation 

that the acts complained of were done and performed pursuant to the orders 

and directions of such OWNER OR OPERATOR, or his agent or representative, 

conducting such business, industry or operation. 

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Amended 07/01/04 9-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 9 - CIVIL PENALTIES

9.1 Any person who violates any provision of these Regulations, including, but not 

limited to, any application requirement; any permit condition; any fee or filing 

requirement; any duty to allow or carry out inspection, entry or monitoring activities 

or any requirements by the Department of Air Quality and Environmental 

Management is guilty of a civil offense and shall pay civil penalty levied by the Air 

Pollution Control HEARING BOARD and/or the HEARING OFFICER of not more than 

$10,000. Each day of violation constitutes a separate offense. 

9.2 The following penalties apply to violations of Section 42 (Open 

Burning) 

 

9.2.1 First Violation $ 200.00 

9.2.2 Second Violation $ 400.00 

9.3 The following minimum penalties apply to violations of Section 94 

(Permitting and Dust Control for CONSTRUCTION ACTIVITIES) 

(effective date January 1, 2001): 

 

9.3.1 Violation of Section 94.4.5 (Failure to post sign) $ 250.00 

9.3.2 Violation of Section 94.4.11 (Failure to have Dust Monitor on Site 

$ 250.00 

 

9.3.3 Violation of Section 94.6.6 or 94.7 (Failure to attend required Dust 

Control Class) $ 250.00 

 

9.3.4 Any failure to comply as set forth in Section 94.6.7 $ 500.00 

9.3.5 Any failure to comply as set forth in Section 94.6.8(a), Section 

94.6.8(c), Section 94.6.8(e) or Section 94.6.8(f) $1,000.00 

 

9.3.6 Any failure to comply as set forth in Section 94.6.8(b) or Section 

94.6.8(d) $2,000.00 

9.4 The minimum penalty for any violation of Section 90 (FUGITIVE 

DUST From OPEN AREAS AND VACANT LOTS) (effective date January 
Amended 07/01/04 9-2 

CC Air Quality Regulations 

1, 2001) is: $ 500.00 

 

9.5 The minimum penalty for any violation of Section 91 (FUGITIVE 

DUST From Unpaved Roads, Unpaved Alleys and Unpaved 

EASEMENT Roads) is: $ 500.00 

 

9.6 The minimum penalty for any violation of Section 92 (FUGITIVE 

DUST From UNPAVED PARKING LOTS) is: $ 500.00 

 

9.7 The minimum penalty for any violation of Section 93 (FUGITIVE 

DUST from PAVED Roads and Street Sweeping Equipment) 

(effective date January 1, 2001) is: $ 500.00 

 

9.8 For a FUGITIVE DUST violation at any commercial site where the 

current permit for CONSTRUCTION ACTIVITIES covers 1 acre or more, 

the minimum penalty shall be not less than: (in effect until 

December 31, 2000) $2,000.00 

 

9.9 The minimum penalty for a FUGITIVE DUST violation at any 

STATIONARY SOURCE shall be: $2,000.00 

 

9.10 The minimum penalty for a violation of Section 4.7.2.4 (failure to 

comply with the terms of a final Corrective Action Order) related to 

CONSTRUCTION ACTIVITIES or at a STATIONARY SOURCE capable of 

emitting PARTICULATE MATTER shall be: $2,000.00 

 

9.11 The minimum penalty for violation of Section 26 (EMISSION of 

Visible Air Contaminants), Section 14 (Visible EMISSION Limitation 

based on New Source Performance Standards), Section 12 

(Preconstruction Review for New or Modified STATIONARY 

SOURCES), or EMISSION limitation violations of Section 16 

(Operating Permits) shall be: $2,000.00 

9.12 Any person aggrieved by an order issued pursuant to this section is entitled to 

review as provided in Chapter 233B of NRS. 

9.13 Nothing contained in Section 9 of these Regulations shall be construed as limiting 

the authority of the Air Pollution Control HEARING BOARD or HEARING OFFICER to 

take other appropriate remedies as provided in these Regulations. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

History: Amended : September 3, 1981; January 25, 1990; May 28, 1992; November 18, 1993; December 19, 1996; 

April 24, 1997; June 22, 2000; December 21, 2001; June 3, 2003; July 1, 2004. 
______________________________________________________________________ 

Amended 07/01/04 10-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 10 - COMPLIANCE SCHEDULES

10.1 Any existing source not in compliance with EMISSION limitations hereinafter 

adopted, or which is not operating under a compliance schedule approved by 

the Air Pollution Control HEARING BOARD, shall submit a compliance schedule 

to the CONTROL OFFICER for review no later than 90 days after adoption of such 

EMISSION limitations. 

10.2 The Air Pollution Control HEARING BOARD shall hold a public hearing on each 

compliance schedule within 60 days after submission of such schedule to the 

CONTROL OFFICER. 

10.3 The Air Pollution Control HEARING BOARD may approve, disapprove, alter, or 

change all or any part of a compliance schedule, or may impose its own 

schedule upon the source involved. 

10.4 Compliance schedules shall contain as a minimum:

10.4.1 A narrative description of how the source will achieve compliance with such 

requirements and a schedule of remedial measures, including an 

enforceable sequence of actions with milestones, leading to compliance with 

APPLICABLE REQUIREMENTS. 

10.4.2 Any such schedule of compliance shall not sanction noncompliance with the 

APPLICABLE REQUIREMENTS on which it is based. 

10.4.3 A schedule for submission of certified progress reports. 

10.4.4 Appropriate increments of progress. 

10.4.5 Final date of compliance with the appropriate EMISSION 

limitations. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

History: Amended: November 18, 1993; February 20, 2001; June 3, 2003; July 1, 2004. 
Adopted 11-03-09

CC Air Quality Regulations

12.0-i

SECTION 12.0: APPLICABILITY, GENERAL REQUIREMENTS AND TRANSITION 

PROCEDURES

12.0 Applicability, General Requirements and Transition Procedures.......................... 1

12.0.1 Applicability ............................................................................................. 1

12.0.2 General Requirements............................................................................ 1

12.0.3 Transition Procedures............................................................................. 2
Adopted 11-03-09

CC Air Quality Regulations

12.0-1

12.0 Applicability, General Requirements and Transition Procedures

12.0.1 Applicability

The requirements of Section 12 apply as follows:

(a) Section 12 is applicable to any stationary source located in Clark 

County, Nevada, except for a plant which generates electricity by using steam produced by the burning of fossil fuel, which shall be permitted under the jurisdictional requirements of the Nevada Division of 

Environmental Protection (NDEP).

(b) Section 12.1 is applicable to any stationary source located in Clark 

County that has a potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.1.1(c) but 

has a potential to emit less than necessary for it to be a major stationary source under Sections 12.2.2.1(ff) or 12.3.2(y), or a major 

source under 40 CFR § 70.2. This includes any Part 70 source that is 

exempt from the requirement to obtain a Part 70 Permit and that has 

a PTE equal to or greater than the thresholds listed in 12.1.1(c). 

(c) Section 12.2 is applicable to any stationary source located in Clark 

County that has the potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.2.2.1(ff) or 

makes any change that meets the definition of a major modification in 

Section 12.2.2.1(dd) and is located in an area designated attainment 

or unclassified for the specific pollutant emitted.

(d) Section 12.3 is applicable to any stationary source located in Clark 

County that has a potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.3.2(y) or 

makes any change that meets the definition of a major modification in 

Section 12.3.2(x) and is located in an area designated nonattainment 

for the specific pollutant emitted. 

(e) Sections 12.4 and 12.5 are applicable to any stationary source that is 

required to obtain a Part 70 Operating Permit. Section 12.4 contains 

the application requirements for any major source subject to the requirements of Sections 12.2, 12.3 or 12.5.

(f) Section 12.11 is applicable to any stationary source that is not a major stationary source, with a potential to emit that equals or exceeds 

the thresholds listed in Section 12.1.1(c) and that meets the applicability requirements specified in Section 12.11.1.

12.0.2 General Requirements

All stationary sources, including any stationary source not required to obtain 

a Permit to Operate under these regulations, shall be subject to other appli-
Adopted 11-03-09

CC Air Quality Regulations

12.0-2

cable requirements that regulate activities at stationary sources, even 

though a Permit to Operate is not required. Such applicable requirements 

include, but are not limited to, opacity standards, nuisance prohibitions, and 

fugitive dust control.

12.0.3 Transition Procedures 

(a) Unless otherwise provided in the permit, the conditions in an Authority to Construct Permit, Permit to Operate or Part 70 Operating Permit 

issued by the Control Officer before the effective date of these regulations continues in effect until one of the following occurs:

(1) The Authority to Construct Permit, Permit to Operate or Part 70 

Operating Permit is terminated.

(2) The Control Officer issues or denies a permit to the source pursuant to Section 12.1, 12.4, 12.5, or 12.11 after the effective 

date of these regulations.

(b) After the effective date of these regulations, all minor sources shall 

be subject to Section 12.1 as follows:

(1) A minor source that has submitted an application for a permit 

authorizing its construction and has not been issued a permit 

before the effective date of these regulations shall have that application processed pursuant to Section 12.1 as amended on 

this date, unless its application was deemed complete before 

the effective date of these regulations. If the application was 

deemed complete before the effective date of these regulations, 

then the application shall be processed pursuant to the requirements of Section 12 as they existed at that time. 

(2) An existing minor source operating under a permit issued by the 

Control Officer prior to the effective date of these regulations 

must submit an application within five years of this date or earlier if requested in writing by the Control Officer.

(3) An existing minor source that does not have an initial minor 

source permit may submit a permit application at any time after 

the effective date of these regulations, but shall submit a permit 

application within one hundred eighty (180) days of receipt of 

written notice from the Control Officer that an application is required.

(4) An existing minor source making a change that is subject to the 

notice, logging or permit revision provisions under Section 

12.1.5, as amended on the effective date of these regulations, 

shall comply with the provisions of that section.
Adopted 11-03-09

CC Air Quality Regulations

12.0-3

(c) After the effective date of these regulations, all Part 70 sources required to obtain a Part 70 Operating Permit shall be subject to Sections 12.2, 12.3, 12.4, and/or 12.5 in accordance with the provisions 

in those sections. 

History: Adopted November 3, 2009
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-i

SECTION 12.1: PERMIT REQUIREMENTS FOR MINOR SOURCES 

12.1 Permits for Minor Sources ............................................................................... 1

12.1.0 Applicability ..................................................................................................... 1

12.1.1 Definitions ....................................................................................................... 1

12.1.2 Emission Units and Activities Exempt from Permit Requirements ................... 2

12.1.3 Permit Application ........................................................................................... 5

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing 

Minor Sources ................................................................................. 5

12.1.3.2 Timely Application ........................................................................... 5

12.1.3.3 Complete Application ...................................................................... 6

12.1.3.4 Permit Application Shield ................................................................ 6

12.1.3.5 Duty to Supplement or Correct Application ..................................... 6

12.1.3.6 Application Contents ....................................................................... 7

12.1.4 Permit Content ................................................................................................ 9

12.1.4.1 Terms and Conditions ..................................................................... 9

12.1.4.2 Acknowledgment of Responsibility for Compliance ....................... 15

12.1.5 Permit Application Processing Procedures ................................................... 15

12.1.5.1 Action on Application ..................................................................... 15

12.1.5.2 Permit Processing Deadlines ........................................................ 16

12.1.5.3 Public Participation ........................................................................ 16

12.1.5.4 Permit Transfers ............................................................................ 19

12.1.6 Revisions to an Existing Minor Source Permit ............................................... 19

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and 

Standards ...................................................................................................... 24
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-1

12.1 Permits for Minor Sources 

12.1.0 Applicability 

Section 12.1 is applicable to any stationary source located in Clark County 

that has the potential to emit (PTE) a regulated air pollutant equal to or 

greater than the thresholds listed in Section 12.1.1(c), but less than the major source thresholds listed in 12.2.2.1(ff) or 12.3.2(y). This includes any 

Part 70 source that is exempt from the requirement to obtain a Part 70 Permit and has a PTE that equals or exceeds the thresholds listed in Section 

12.1.1(c) or that takes a Voluntarily Accepted Emission Limit pursuant to 

Section 12.1.7. 

12.1.1 Definitions

Unless the context requires otherwise, the following terms shall have the 

meanings set forth below for purposes of Section 12.0, 12.1, 12.4, 12.5, and 

12.11. When a term is not defined, it shall have the meaning provided in 

Section 0, Chapter 9.08 of the Clark County Code, Nevada Revised Statutes (NRS) § 445B, the Federal Clean Air Act, or common usage, in that 

order of priority. 

(a) “Exempt stationary source” means any stationary source with a potential to emit that is less than the levels listed in paragraph (c) below 

or that is listed in Section 12.1.2. 

(b) “Existing minor source” means any minor source that has been issued an “Authority to Construct” or “Permit to Operate” and that has 

not been issued an initial minor source permit but is required to have 

one, or that is determined by the Control Officer to be an exempt stationary source prior to the effective date of this rule. 

(c) “Minor source” means a stationary source that is not required to obtain an “Authority to Construct” pursuant to Section 12.4.3 or a Part 

70 Operating Permit and that has a potential to emit equal to or 

greater than the following levels for any listed pollutant: 

Type of Air Pollutant Potential to Emit (tpy) 

PM10 5 

CO 25 

VOC 5 

NOx 5 

SO2 25 

Lead (Pb) 0.3 

H2S 1 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-2

(d) “Minor Source Permit” means a single permit that authorizes the 

construction and operation of a new minor source or the modification 

and operation of an existing minor source. 

(e) "Modification" or "Modify" means a physical change in, or a change in 

the method of operation, of a minor source that increases the 

source’s potential to emit any regulated air pollutant. 

(f) “New minor source” means any stationary source that has had its 

application for an initial minor source permit authorizing its construction and operation declared complete pursuant to Section 12.1.3.3 after [the effective date of this rule]. 

(g) “Significant” means an increase at a minor source in the potential to 

emit of any of the following pollutants at a rate that would equal or 

exceed any of the following: 

Type of Air Pollutant Potential to Emit (tpy)_

PM10 7.5 

CO 35 

VOC 20 

NOx 20 

SO2 40 

Lead (Pb) 0.6 

H2S 5 

Total Reduced Sulfur (including H2S) 5 

12.1.2 Emission Units and Activities Exempt from Permit Requirements 

(a) Construction and operation of any emission units or performance of 

any of the activities listed in Sections 12.1.2(c) or 12.5.2.5 shall be 

exempt from the requirement to obtain a permit under Section 12 

subject to the following requirements: 

(1) The exempt emission units and activities shall be listed in the 

source’s application and permit; 

(2) The exempt emission units and activities shall remain subject to 

any other applicable requirements; and 

(3) The potential to emit of all exempt units and activities shall be 

considered in determining if a stationary source is required to 

obtain a permit pursuant to Sections 12.1, 12.2, 12.3, 12.4, or 

12.5. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-3

(b) If a stationary source, based on information submitted by its owner or 

operator, is determined by the Control Officer to be an exempt stationary source, or is categorically exempt under paragraph (c), the 

owner or operator may request a letter of exemption confirming that 

status. The letter shall list all exempt emission units and activities. 

(c) The following emission units and activities are exempt from the permitting requirements of Section 12.1: 

(1) A laboratory, which means a place or activity, such as a medical, analytical, or veterinary laboratory, devoted to experimental 

study or teaching or to the testing and analysis of drugs, chemicals, chemical compounds, or other substances, or to similar activities, provided that these activities are conducted on a 

laboratory scale and not sold or distributed commercially. Support activities necessary to the operation of the laboratory are 

considered part of the laboratory. Support activities do not include the provision of power to the laboratory from emission 

units that provide power to multiple projects or that would otherwise require permitting, such as boilers providing power to a 

source or solid waste disposal units (such as incinerators); 

(2) Production of hot water for use by on-site personnel not related 

to any industrial or production process; 

(3) Emissions associated with paved and unpaved roads and parking lots that have public access, as well as activities associated 

with the repair and maintenance of paved and unpaved roads, 

including paving or sealing, or both, of parking lots and roadways. Such activities and emissions are subject to the requirements of Sections 91 and 92 of these regulations; 

(4) Temporary “padding” machines used on an underground utility 

project, including the engine that powers them, provided there is 

no crusher and the project is being performed under the conditions of a Dust Control Permit issued pursuant to Section 94; 

(5) Temporary on-site demolition debris “grinders,” including the 

engine that powers them, provided the project is being performed under the conditions of a Dust Control Permit issued 

pursuant to Section 94; 

(6) Temporary trenching machines, including the engine that powers them, provided the project is being performed under the 

conditions of a Dust Control Permit issued pursuant to Section 

94; 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-4

(7) Temporary operations and experimental trials that involve construction, reconstruction, or modification of a source or emission 

unit and that meet the following criteria: 

(A) The construction, reconstruction, or modification will not increase the affected stationary source’s potential to emit in 

excess of the applicable major source threshold as defined 

in Section 12.2.2(ff) or 12.3.2(y); 

(B) The cumulative potential to emit from the construction, reconstruction, or modification of an emission unit or a stationary source will not increase the cumulative potential to 

emit of the affected stationary source by more than fifteen 

(15) tons of all regulated pollutants for the duration of the 

operation; 

(C) The duration of the temporary operation or experimental 

trial is less than thirty (30) days of total operating time; 

(D) If the construction, reconstruction, or modification activities 

are part of a soil or water remediation project, and their 

purpose is to identify parameters necessary to design the 

project, the activities are exempt from permitting if their duration is less than twenty-four (24) hours or, as determined 

necessary by the Control Officer, a greater period, not to 

exceed seventy-two (72) hours, based on the nature of the 

activities; 

(E) If the construction, reconstruction, or modification would 

otherwise require a permit revision, the owner or operator 

shall provide the Control Officer written notice of the proposed construction, reconstruction, or modification at least 

seven (7) days before it begins. The notice shall contain 

the following information: 

(i) A description of the purpose of the construction, reconstruction, or modification. 

(ii) A description of how the construction, reconstruction, or modification is experimental or not part of 

the normal operation or production of the facility or 

source; 

(iii) The dates the owner or operator anticipates the 

construction, reconstruction, or modification will begin, operations will begin, and operations will cease; 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-5

(iv) An estimate of the potential emissions increase and 

the estimated actual emissions increase resulting 

from the construction or reconstruction; and 

(v) The equipment involved in the construction, reconstruction, or modification. 

(F) If the construction, reconstruction, or modification would 

otherwise require a permit revision, the owner or operator 

shall provide the Department with written notice of the proposed construction, reconstruction, or modification no 

more than seven (7) days after concluding the temporary 

operation or experimental trial. The notice shall contain the 

following information: 

(i) The actual start date of the construction, reconstruction, or modification; 

(ii) The duration of the temporary operation or experimental trial; and 

(iii) The actual emissions during the temporary operation or experimental trial. 

(G) The exemption provided by Section 12.1.2(c)(7) shall not 

apply to facilities or sources whose normal course of business involves operations that are experimental in nature, 

part of pilot plants, or characterized by frequent product 

changes. 

12.1.3 Permit Application

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing 

Minor Sources 

Except as provided in Section 12.1.6, no person shall commence construction of, operate, or make a modification to a minor source except in compliance with a minor source permit that authorizes such construction, 

operation, or modification. 

12.1.3.2 Timely Application 

(a) An existing minor source that does not have an initial minor source 

permit issued pursuant to Section 12.1 prior to the effective date of 

this regulation may submit a permit application at any time after the 

effective date of this section, but shall submit a permit application 

within one hundred eighty (180) days of receipt of written notice from 

the Control Officer that an application is required. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-6

(b) For purposes of permit renewal, a timely application is one that is 

submitted to the Control Officer at least one hundred twenty (120) 

days, but no more than two hundred seventy (270) days, before the 

date of permit expiration. 

12.1.3.3 Complete Application 

To be deemed complete, an application must contain all information required under Section 12.1.3.6. It must also be accompanied by payment of 

the applicable fee(s) established in Section 18. Unless the Control Officer 

determines that an application is not complete within sixty (60) days of receipt, the application shall be deemed complete. If, while processing an application that has been deemed complete, the Control Officer determines 

that additional information is necessary to evaluate or take final action on 

the application, he or she may request such information in writing and set a 

reasonable deadline for its submission. Failure to provide the additional information by the deadline could result in denial of the application. 

12.1.3.4 Permit Application Shield 

If an existing minor source submits a timely and complete application for 

continued operation under an initial minor source permit or renewal of a minor source permit, the source’s failure to have the permit or renewal is not a 

violation of these regulations until the Control Officer takes final action on 

the application. This application shield shall cease to apply if, after a completeness determination, the applicant fails to submit any additional information identified as needed to process the application by a deadline the 

Control Officer has specified in writing. 

12.1.3.5 Duty to Supplement or Correct Application 

Any applicant who fails to submit any relevant facts or submits incorrect information in a permit application shall, upon becoming aware of such failure 

or incorrect submission, submit such supplementary facts or corrected information promptly. An applicant shall also provide additional information as 

necessary to address any requirements that become applicable to the 

source after the date the applicant files a complete application, but before 

release of a draft permit. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-7

12.1.3.6 Application Contents 

(a) A permit application for (1) a new minor source, (2) an existing minor 

source that has not been issued an initial permit, (3) the renewal of 

an existing minor source permit, (4) a voluntarily accepted emission 

limitation or standard, (5) a significant permit revision to a minor 

source permit, or (6) a minor permit revision to a minor source permit 

shall contain the following information: 

(1) Identifying information, including but not limited to company 

name and address (and plant name and address, if different 

from the company name), owner or operator’s name and agent, 

email address, telephone number and name(s) of plant site 

manager/contact with associated email addresses and telephone numbers. 

(2) A description of the source’s processes and products using the 

North American Industrial Classification System (NAICS); 

(3) The following emissions-related information: 

(A) The potential to emit of all regulated air pollutants emitted 

from each emission unit. 

(B) Identification and description, including but not limited to 

manufacturer, model, rating and serial number of each 

emission unit in sufficient detail to establish the applicable 

requirements; 

(C) The following information, to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, material usage rates, production rates, and operating 

schedules; 

(D) Identification and description of air pollution control equipment and compliance monitoring devices or activities, including design specifications; 

(E) Any limitations on source operation affecting emissions or 

on any work practice standards affecting emissions; 

(F) Other information required by any applicable requirement; 

(G) The calculations on which the information in paragraphs 

(A) through (F) is based; and 

(4) A justification for any exemption sought from any otherwise applicable requirement; 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-8

(5) At the option of the applicant, a declaration that it wants the entire permit, or specifically identified permit conditions or applicable requirements, to be federally enforceable; 

(6) A certification signed by the responsible official stating that, 

based on information and belief formed after reasonable inquiry, 

the statements and information in the application are true, accurate, and complete. Signature of the certification statement shall 

subject the applicant to liability under Nevada state laws forbidding false or misleading statements; 

(7) For a new or modified source, a schedule of construction, if applicable; 

(8) A list of emission limitations and other requirements applicable 

to the source; and 

(9) A list of emission units or activities claimed as exempt under 

12.1.2(c). 

(b) In addition to the information required by paragraph (a), if the application is for a new minor source that will have a potential to emit that 

is significant for any regulated air pollutant, a demonstration of RACT 

for the affected pollutant shall be proposed and shall include the methodology by which RACT was determined and how compliance with 

RACT will be demonstrated. 

(c) In addition to the information required by paragraph (a), if the application is for a modification to an existing minor source and requires a 

minor source significant permit revision pursuant to Section 

12.1.6(a)(7), the application shall contain the following: 

(1) A description and quantification of the increase in the potential 

to emit resulting from the modification; 

(2) A description and quantification of actual emissions of all regulated air pollutants before and after the modification; 

(3) A proposed RACT for each affected pollutant, the methodology 

by which RACT was determined and how compliance with 

RACT is to be demonstrated, including material usage limits, 

performance testing, or continuous emissions monitoring, if applicable; and 

(4) A schedule of compliance, if applicable. 

(d) In addition to the information required by paragraph (a), if the application is for a voluntarily accepted emission limitation, the applicant 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-9

shall demonstrate that the emission limitation to be imposed to avoid 

an applicable requirement is more stringent than any emission limitation that would otherwise be applicable to that source, including 

those in the Nevada SIP. 

(e) An application for a minor permit revision for a minor source shall 

contain the information necessary to demonstrate that the change 

qualifies as a minor permit revision pursuant to Section 12.1.6(b). 

12.1.4 Permit Content 

12.1.4.1 Terms and Conditions 

A minor source permit issued by the Control Officer shall include terms and 

conditions that contain all of the following: 

(a) Identification of all applicable requirements; 

(b) A physical description of each emission unit or units and operating information consistent with the application information; 

(c) Emission limitations for any source or emission unit that ensure: 

(1) The ambient air quality standards will be attained or maintained; 

(2) The public health will be protected; and 

(3) Compliance with the requirements of these AQRs and the Act. 

(d) Monitoring, testing, reporting, and recordkeeping requirements that 

ensure reasonable information is provided to evaluate compliance 

consistent with permit terms and conditions, the underlying requirements of these regulations, and the Act. At a minimum, the following 

shall be contained in each minor source permit: 

(1) The permit shall incorporate all applicable monitoring requirements, including, where applicable, the following: 

(A) All emissions monitoring and analysis procedures or test 

methods required by any applicable requirement; 

(B) Where an applicable requirement does not require periodic 

testing or instrumental or non-instrumental monitoring 

(which may consist of recordkeeping designed to serve as 

monitoring), periodic monitoring specifications sufficient to 

yield reliable data from the relevant time period that are 

representative of the source’s compliance with the permit. 

Such monitoring requirements shall ensure that terms, test 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-10

methods, units, averaging periods, and other statistical 

conventions are consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet 

the requirements of this paragraph; and 

(C) As necessary, requirements concerning the use, maintenance and, where appropriate, installation of monitoring 

equipment or methods. 

(2) With respect to recordkeeping, the permit shall incorporate all 

applicable recordkeeping requirements and require, where applicable, the following: 

(A) Records of required monitoring information that include the 

following: 

(i) The date, place, as listed in the permit, and time of 

sampling or measurements; 

(ii) The date(s) analyses were performed; 

(iii) The company or entity that performed the analyses; 

(iv) The analytical techniques or methods used; 

(v) The results of such analyses; and 

(vi) The operating conditions at the time of sampling or 

measurement. 

(B) Retention of records of all required monitoring data and 

support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report, or application. Support information includes, but is not 

limited to, all calibration and maintenance records, all original strip-chart recordings for continuous monitoring instrumentation, data from the data acquisition system and 

copies of all reports required by the permit. 

(3) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: 

(A) Submittal of reports of any required monitoring at a frequency determined by the Control Officer. All instances of 

deviations from permit requirements must be clearly identified in such reports. All required reports must be certified 

by a responsible official consistent with section 

12.1.4.1(m)(3). 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-11

(B) Prompt reporting of deviations from permit requirements, 

including those attributable to upset conditions as defined 

in the permit, the probable cause of such deviations, and 

any corrective actions or preventive measures taken. The 

Control Officer shall define "prompt" in the permit in relation to the degree and type of deviation likely to occur and 

the applicable requirements. 

(e) A requirement that any revision of an emission limitation, monitoring, 

testing, reporting, or recordkeeping requirement be made consistent 

with the permit revision requirements in Section 12.1.6; 

(f) Emission limitations and standards, including those operational requirements and limitations necessary to: (1) ensure compliance with 

any RACT determination, if one has been required; (2) ensure the 

source does not require a major source Authority to Construct or Part 

70 Operating Permit; (3) ensure compliance with all applicable requirements at the time of permit issuance; and (4) ensure that any 

ambient air increment as prescribed by Section 12.2.3 is not exceeded. 

(g) The following conditions shall also apply: 

(1) The permit shall specify and reference the origin of and authority for each term or condition. 

(2) If these regulations allow a determination of an alternative emission limit for a source (equivalent to that contained in these regulations) to be made in the permit issuance, renewal, or 

significant revision process, and the Control Officer elects to use 

this limit, any permit containing an alternative emission limit 

based on such an equivalency determination shall include provisions to ensure that the emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on 

replicable procedures. 

(3) If emission limitations are to be applicable to startup and shutdown, they shall be addressed on a case-by-case basis in the 

permit. Such limitations shall be designed to minimize the frequency of such events and the excess emissions they cause to 

the extent feasible, taking into consideration available technologies, safety, cost, and other applicable requirements. The limitations shall specify the allowable duration of the startup or 

shutdown and the maximum total hours allowed for startup and 

shutdown in a 12 month period. 

(h) A permit term not to exceed five (5) years from the date of issuance; 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-12

(i) A severability clause to ensure the continued validity of permit requirements in the event of a challenge to any portion of the permit; 

(j) A list of exempt activities pursuant to Section 12.1.2(c); 

(k) A provision to ensure the source pays fees to the Control Officer 

consistent with the approved fee schedule in Section 18; 

(l) Terms and conditions that allow for changes by the source among 

reasonably anticipated operating scenarios identified in its application, as approved by the Control Officer. Such terms and conditions 

shall require the source: 

(1) To record in a log at the permitted facility, while making a 

change from one operating scenario to another, the scenario 

under which the facility is operating; and 

(2) For each such alternative operating scenario, to comply with all 

applicable requirements and the requirements of this rule. 

(m) Compliance testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit, including the following: 

(1) The Control Officer may require stack testing, monitoring, or reporting to assure compliance with all applicable requirements. 

Any monitoring or testing shall be performed in accordance with 

Section 12.8 or other methods approved by the Control Officer. 

(2) As a condition of the issuance of the permit, that the owner or 

operator agrees to permit inspection of the premises to which 

the permit relates, including the location where records must be 

kept under the conditions of the permit, by any authorized representative of the Control Officer at any time during the permittee’s hours of operation without prior notice to perform the 

following: 

(A) Have access to and copy any records that must be kept un 

der the conditions of the permit; 

(B) Inspect any facilities, equipment (including monitoring and 

air pollution control equipment), practices, or operations 

regulated or required under the permit; 

(C) Sample or monitor substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; and 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-13

(D) Document alleged violations using devices such as cameras or video equipment.  

(3) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a 

responsible official of truth, accuracy, and completeness. This 

certification, and any other certification required under this section, shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. 

(4) A permit renewal for an existing source shall include a schedule 

for compliance with any requirement with which the source is 

not in compliance at the time of permit issuance. This shall include a schedule of remedial measures, including an enforceable sequence of actions (with milestones) leading to compliance 

with any requirements with which the source was not in compliance at the time of permit issuance. This compliance schedule shall resemble, and be at least as stringent as, that 

contained in any judicial consent decree or administrative order 

the source is subject to. Any such schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable 

requirements on which it is based. 

(5) The permit shall include any other compliance provisions the 

Control Officer may require. 

(n) If the permit is for a new minor source or a modification to an existing 

minor source that requires a significant permit revision, the permit 

shall require that the permittee provide a written notice to the Control 

Officer no later than thirty (30) days prior to commencing operation 

that: 

(1) The source as constructed or modified is the same as the 

source or modification authorized by the permit or revision; or 

(2) The source as constructed or modified differs from the source or 

modification authorized by the permit or revision issued, and the 

differences are listed and described. A source may be subject to 

enforcement action as a result of differences between the permitted and constructed source. 

(3) If the permit is for a new source or modification to an existing 

source that requires no additional construction, then the owner 

or operator shall, as part of the application, provide the notice 

specified in paragraph (1) or (2) at the time the application is 

deemed complete. In a situation involving a transfer in owner-
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-14

ship of the air quality permit, the requirements of Section 12.12 

shall apply. 

(o) A condition stating that it shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the 

conditions in a permit issued pursuant to Section 12.1. 

(p) A condition stating that the permit may be modified, revoked, reopened and reissued, or terminated for cause by the Control Officer. 

The filing of a request by the permittee for a permit modification, termination, or of a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 

(q) Each issued permit shall include provisions specifying the conditions 

under which the permit will be reopened prior to the expiration of the 

permit. A permit may be reopened and revised under any of the following circumstances: 

(1) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid 

rain program. Upon approval by the Control Officer, excess 

emissions offset plans shall be deemed to be incorporated into 

the permit. 

(2) The Control Officer determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of 

the permit. 

(3) The Control Officer determines that the permit must be revised 

or revoked to assure compliance with the applicable requirements. 

(4) Proceedings to reopen and issue a permit shall follow the same 

procedures as apply to initial permit issuance and shall affect 

only those parts of the permit for which cause to reopen exists. 

Such reopening shall be made as expeditiously as practicable. 

(r) The permittee must comply with all conditions of the permit. Any 

permit noncompliance constitutes a violation of these regulations and 

is grounds for enforcement action; for permit termination, revocation 

and reissuance, or modification; or for denial of a permit renewal application. 

(s) The permit does not convey any property rights of any sort, or any 

exclusive privilege. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-15

(t) The permittee shall furnish to the Control Officer, within a reasonable 

time, any information that the Control Officer may request in writing 

to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the 

permit. Upon request, the permittee shall also furnish to the 

Control Officer copies of records required to be kept by the permit or, 

for information claimed to be confidential, the permittee may furnish 

such records directly to the Control Officer along with a claim of confidentiality pursuant to Section 12.6. 

(u) Include a condition that any person who has been issued a permit 

pursuant to this section shall post such permit in compliance with the 

requirements of Section 12.13 

(v) Include a condition that the permit shall not waive, or make less 

stringent, any limitations or requirements contained in or issued pursuant to the Nevada SIP, or that are otherwise federally enforceable. 

(w) The Control Officer may impose additional conditions necessary to 

ensure compliance with any applicable requirement. 

12.1.4.2 Acknowledgment of Responsibility for Compliance 

The permit shall contain a statement that the permittee’s commencement of 

operation constitutes an acknowledgment that the permittee assumes the 

responsibility of ensuring that the source’s emission units and emission control equipment have been constructed and will be operated in compliance 

with all applicable requirements. 

12.1.5 Permit Application Processing Procedures 

12.1.5.1 Action on Application 

(a) A new minor source permit, significant permit revision, or permit renewal may be issued only if all of the following conditions have been 

met: 

(1) The Control Officer has received a complete application as prescribed by Section 12.1.3.3, 

(2) The Control Officer has complied with the requirements for public participation under Section 12.1.5.3 as applicable; 

(3) The Control Officer has determined that the conditions of the 

permit provide for compliance with all applicable requirements; 

and 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-16

(4) The Control Officer has determined that the source or emission 

units will not interfere with attainment and maintenance of the 

NAAQS, and has imposed emission limitations in accordance 

with Sections 12.1.4.1(c) and 12.1.4.1(f). 

(b) Following the close of the public participation process prescribed by 

Section 12.1.5.3, the Control Officer shall issue or deny the permit or 

significant permit revision. The Control Officer shall deny a permit or 

significant permit revision if the applicant fails to demonstrate that the 

source will be designed, controlled, and operated in a manner that 

meets all applicable requirements. 

(c) If the Control Officer denies the permit or significant permit revision, a 

notice of denial shall be served on the applicant by certified mail. The 

notice shall detail the grounds for denial and describe the applicant’s 

right to appeal the denial under Section 7. 

(d) If the Control Officer issues the permit or significant permit revision, 

the new or revised permit shall be provided to the applicant. The 

permit or revision becomes effective upon issuance unless stayed by 

the Air Pollution Control Hearing Board. 

12.1.5.2 Permit Processing Deadlines 

The Control Officer shall either issue or deny the actions listed in the table below within the following deadlines, commencing after the date on 

which the application is determined to be complete. These time frames 

are exclusive of the days required for public participation, as specified in 

Section 12.1.5.3. 

Action Deadline 

(1) Permit for a new minor source 150 days 

(2) Initial permit for an existing minor source 

issued under Section 12.1 75 days 

(3) Permit renewal 75 days 

(4) Significant permit revision 120 days 

12.1.5.3 Public Participation 

(a) Notice of Proposed Action. 

(1) After receipt of a complete application for (1) a new minor 

source with a potential to emit any pollutant that exceeds 50 tpy 

for CO; 40 tpy for VOCs, SO2, or NOX; 15 tpy for PM10; or 0.6 

tpy for lead; (2) a new minor source that will be located within 

1,000 feet of the outer boundary of a school, hospital, or residential area; or (3) a significant permit revision that is required 

because of a significant increase in an existing minor source’s 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-17

potential to emit, the Control Officer shall publish in a newspaper of general circulation within Clark County, Nevada, and on 

the Department’s web site, a Notice of Proposed Action on the 

application containing the following: 

(A) The name and address of the permittee or permit applicant 

and, if different, of the facility regulated by the permit; 

(B) The date the Control Officer received the completed application; 

(C) The location where documents relevant to the application, 

including the application, the proposed permit conditions, 

and determinations of RACT, if applicable, will be available; 

(D) The nature of the source involved in the permit action; 

(E) The pollutants to be emitted by the source and the projected quantities of those pollutants; 

(F) The name, address, and telephone number of the Department representative whom interested persons may contact 

for instructions on how to obtain additional information, 

such as a copy of the draft permit, the statement of basis, 

the application, relevant supporting materials, and other 

materials available to the Control Officer that are relevant 

to the permitting decision; 

(G) The location of the administrative record, the times at 

which the record will be open for public inspection, and a 

statement that all data submitted by the applicant (except 

confidential information, in accordance with Section 12.6) 

are available as part of the administrative record; 

(H) The Control Officer’s preliminary determination whether the 

application for a permit should be approved or disapproved; 

(I) An opportunity for any person to submit written comments 

on the application for a permit and any relevant documents; and 

(J) An opportunity for any person to request a public hearing, 

consistent with the requirements of subsection (b) below, 

at which oral and written comments on the application will 

be received, or notice of such a hearing if one has been 

scheduled. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-18

(2) All written comments must be received by the Control Officer 

within thirty (30) days from the publication date of the Notice of 

Proposed Action. 

(3) The Control Officer shall consider all written and oral comments, 

and all other documents on the administrative record, before 

taking final action on the permit. 

(4) The Control Officer shall send a copy of the Notice of Proposed 

Action to the applicant and to officials and agencies having jurisdiction over the location where the proposed construction 

would occur, including: 

(A) The U.S. Environmental Protection Agency (EPA), if requested, except that the Notice of Proposed Action (NPA) 

shall be sent to EPA if the subject of the NPA is a voluntarily accepted emission limit pursuant to Section 12.1.7 that 

an applicant requests to avoid having to obtain a Part 70 

Operating Permit ; and 

(B) Any other person who requests such notice. 

(b) During the Notice of Proposed Action public comment period specified in paragraph (a)(2), any person may petition the Control Officer 

in writing for a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, email address, 

and reason for requesting a hearing. 

(1) If a proper petition is filed and the Control Officer determines 

that there is a significant degree of public interest, the Control 

Officer shall hold a public hearing no sooner than thirty (30) 

days, but no later than seventy (70) days, after the date of the 

Notice of Proposed Action. In determining if a significant degree 

of public interest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature of their concerns as stated in their petitions, 

the type and quantity of emissions emitted by the source and 

the proximity of the source to sensitive areas such as parks, 

schools, hospitals or residential areas. 

(2) The petitioner and the applicant shall receive at least seven (7) 

days’ prior written notice of the date and location of the public 

hearing. If the petition for hearing is denied, the Control Officer 

shall notify the petitioner within 30 days of receipt of the petition. 

(c) An existing minor source that has applied for its initial minor source 

permit pursuant to Section 12.1 shall only be subject to the public 

participation requirements of Section 12.1.5.3, paragraphs (a) and 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-19

(b), if the source’s PTE exceeds one or more of the following: 50 tpy 

for CO; 40 tpy for VOCs, SO2, and NOx; 15 tpy for PM10 and 0.6 tpy 

for lead. 

(d) An existing minor source that has applied for an initial minor source 

permit pursuant to Section 12.1 and has a PTE below all the air pollutant thresholds listed in paragraph (c) shall have the proposed 

permit or permit revision posted on the Department’s website for a 

period of thirty (30) days, during which any person may submit comments to the Control Officer on those provisions in the proposed 

permit that differ from conditions in the source’s existing permit. The 

Control Officer shall consider such comments in determining the final 

language of the permit. 

12.1.5.4 Permit Transfers 

A minor source permit issued under Section 12.1 may be transferred from 

the existing permittee to a new permittee if the applicable permit transfer fee 

is paid pursuant to Section 18 and all the applicable requirements of Section 

12.12 are met. 

12.1.6 Revisions to an Existing Minor Source Permit 

(a) Significant Permit Revision. The following changes at a minor 

source require a significant permit revision and are subject to the 

permit application requirements in Section 12.1.3 and the public participation requirements in Section 12.1.5.3: 

(1) Establishing or revising a voluntarily accepted emission limitation or standard, as described in Section 12.1.7; 

(2) A change in fuel not authorized by the permit, except for a 

switch from fuel oil or coal to natural gas or propane; 

(3) A change that relaxes monitoring, testing, recordkeeping, or reporting requirements, except when the change results from: 

(A) Equipment removal that results in a permanent decrease in 

actual emissions, if the source keeps on-site records of the 

change in a log that meets the requirements of paragraph 

(e) below and if the relaxed requirements in the permit apply solely to the equipment that was removed; or 

(B) A change in an applicable requirement. 

(4) A change that will cause the source to violate an existing applicable requirement if the permit was not revised. 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-20

(5) A change that will require any of the following: 

(A) Except for a RACT determination required by Section 

12.1.6.(a)(7), a case-by-case determination of an emission 

limitation or other standard; 

(B) A source-specific determination of ambient impacts, or a 

visibility or increment analysis; or 

(C) A case-by-case determination of a monitoring, recordkeeping, and reporting requirement. 

(6) Replacement of a piece of air pollution control equipment listed 

in the permit with one that the permittee cannot demonstrate will 

have the same or better pollutant removal efficiency. In determining the comparative removal efficiency of air pollution control 

equipment, the Control Officer shall rely upon relevant performance testing results, vendor performance guarantees, and 

emissions factors or data that meet the requirements of Section 

12.9(c). 

(7) A modification that increases the source’s potential to emit a regulated air pollutant by an amount equal to or exceeding a significant increase. The modification shall apply RACT to each 

emissions unit to which the increase applies except the following emission increases are exempt: 

(A) Emissions of a regulated air pollutant that are subject to an 

emissions standard promulgated by the Administrator under Section 112 of the Act after November 15, 1990; and 

(B) Emissions from an emissions unit subject to a general 

permit issued under Section 12.11 that establishes RACT. 

(b) Minor Permit Revision. Making any of the changes listed in paragraphs (2)(A) through (E) at a minor source requires a minor permit 

revision. 

(1) Within thirty (30) days of the Control Officer’s receipt of an application for a minor permit revision pursuant to paragraph (2), 

the Control Officer shall: 

(A) Issue the minor revision as proposed; 

(B) Deny the minor revision because: 

(i) It does not qualify as a minor permit revision because it is a significant permit revision; 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-21

(ii) It does not otherwise qualify as a minor permit revision under the criteria in paragraph (b) above; or 

(iii) There is insufficient information to determine if it 

qualifies as a minor permit revision. 

(C) Amend and issue the revised minor source permit. 

(2) The changes below may be implemented seven (7) calendar 

days after filing a complete application on a form obtained from 

the Control Officer. The application shall specify how the 

change qualifies as a minor permit revision under this section 

and propose language for the permit revision sought. No 

change listed in this section shall proceed if the Control Officer 

objects within the 7 day waiting period. 

(A) Increasing operating hours or rates of production above 

the permitted level, any other physical change or change in 

method of operation that will result in an increase in the 

source’s PTE that is less than the significant levels listed in 

Section 12.1.1(g). 

(B) A change in fuel from fuel oil or coal to natural gas or propane, if not authorized in the permit; 

(C) A change that results in emissions subject to any new or 

revised monitoring, recordkeeping, or reporting requirement that is not already in the permit if the revision proposes monitoring, recordkeeping, and/or reporting that 

provides the required quantification; or 

(D) Replacement of an item of air pollution control equipment 

listed in the permit with one that has the same or better efficiency, but that employs a different technology or substantially different design. The application for the minor 

permit revision must demonstrate the efficiency of the replacement air pollution control equipment. 

(c) Administrative Permit Revision. The following changes at a minor 

source require a permit revision, but are considered administrative 

and occur automatically upon notice to the Control Officer. These 

changes are not subject to the revision processes in Sections 

12.1.6(a) and (b): 

(1) Corrects typographical errors; 

(2) Identifies a change in the name, address, or phone number of 

any person identified in the permit, or provides a similar minor 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-22

administrative change at the source (except transfers of ownership, which are subject to the requirements of Section 12.12); 

(3) Requires more frequent monitoring or reporting by the permittee; 

(4) Incorporates newly applicable requirements that become newly 

applicable because of an amendment to an existing rule or 

adoption of a new rule; 

(5) Incorporates alternative testing or compliance monitoring requirements that have received the Administrator's approval under 40 CFR Part 60, Part 61, or Part 63; 

(6) Incorporates newly applicable monitoring or testing requirements specified in 40 CFR Part 60, Part 61, or Part 63 that apply because of a change in applicability of those requirements to 

the source, including removal from the permit of monitoring or 

testing requirements that no longer apply as a result of the 

change; or 

(7) Incorporates test methods or monitoring requirements specified 

in an applicable requirement that the source may use as an alternative to the testing or monitoring requirements in the permit. 

(8) An administrative revision to a permit condition adopted pursuant to Title IV of the Act shall be governed by regulations 

promulgated by the Administrator under Title IV. 

(d) Changes That Can Be Made With Prior Notice. The following 

changes at a minor source may be made without a permit revision if 

the source provides prior written notice of the change on a form specified by the Control Officer by the deadlines specified in the applicable paragraph below. No change listed under this section shall 

proceed if the Control Officer objects within the applicable waiting period. 

(1) Replacing an item of air pollution control equipment listed in the 

permit with one that is not identical, but is substantially similar 

and has the same or better pollutant removal efficiency: thirty 

(30) days after the date of receipt of the written notice by the 

Department. The Control Officer may require a verification of the 

efficiency of the new equipment by performance tests; 

(2) A physical change, or a change in the method of operation, that 

increases actual emissions less than ten (10) percent of the applicable major source threshold for the air pollutant(s) emitted, 

but does not increase the source’s potential to emit: seven (7) 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-23

days after the date of receipt of the written notice by the Control 

Officer. 

(3) A change that would trigger an applicable requirement that already exists in the permit: thirty (30) days after the date of receipt of the written notice by the Control Officer, unless 

otherwise required by the applicable requirement; 

(4) A change that amounts to reconstruction of the source or an individual emission unit, unless the reconstruction triggers a new 

applicable requirement: seven (7) days after the date of receipt 

of the written notice by the Control Officer. For purposes of this 

requirement, reconstruction of a source or an emission unit shall 

be presumed if the fixed capital cost of the new component(s) 

exceeds fifty (50) percent of the fixed capital cost of a comparable entirely new source or emission unit; or 

(5) A change that will result in the emissions of a new regulated air 

pollutant above an applicable regulatory threshold, but that does 

not trigger a new applicable requirement for that source category: thirty (30) days after the date of receipt of the written notice 

by the Control Officer. For purposes of this requirement, the applicable regulatory threshold for a regulated air pollutant shall be 

ten (10) percent of the applicable major source threshold for that 

pollutant. 

(e) Changes That Can Be Made With On-Site Logging. The following 

changes may be made at a minor source if the source maintains an 

on-site record or log of the changes on a form obtained from the 

Control Officer: 

(1) Implementing an alternative operating scenario provided for in 

the permit, including raw material changes; 

(2) Changing process equipment or operating procedures, or making any other physical change, if the permit requires the change 

to be logged; 

(3) Adding any emission unit or activity listed in Section 12.1.2; or 

(4) Replacing an item of air pollution control equipment listed in the 

permit with an identical (i.e., same model, different serial number) item. The Control Officer may require verification of the efficiency of the new equipment by performance tests. 

(f) The Control Officer may revise a permit annually for a minor source 

without notice or public input to incorporate changes in notices filed 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-24

pursuant to paragraphs (c) and (d) above and information contained 

in on-site records or logs maintained pursuant to paragraph (e). 

(g) Any modification at a minor source that results in an increase in PTE 

equal to or greater than the emissions of a major stationary source 

(as defined in Sections 12.2 and 12.3) is subject to the applicable 

permit requirements in Section 12.4, as well as those in Sections 

12.2 and/or 12.3. 

(h) In the event that a change to a minor source may correspond to more 

than one category of revision or change listed in this section, the category of revision or change imposing the more stringent requirements shall apply. 

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and 

Standards 

(a) A source may voluntarily propose in its application, and accept in its 

permit, emission limitations or other standards that are permanent, 

quantifiable, enforceable as a practical matter, and more stringent 

than an otherwise applicable requirement to avoid being subject to a 

major source New Source Review under Sections 12.2 or 12.3; having to obtain a Part 70 Operating Permit under Section 12.5; becoming a major Hazardous Air Pollutants (HAPs) source; being subject to 

RACT; or meeting other applicable requirements. For the purposes of 

this section, “enforceable as a practical matter” shall mean that the 

permit meets the following criteria: 

(1) The permit conditions are permanent and quantifiable; 

(2) The permit includes a legally enforceable obligation to comply; 

(3) The limits impose an objective and quantifiable operational or 

production limit, or require the use of in-place air pollution control equipment; 

(4) The permit limits have short-term averaging times consistent 

with the averaging times of the applicable requirement; 

(5) The permit conditions are enforceable and independent of any 

other applicable limitations; and 

(6) The permit conditions for monitoring, recordkeeping, reporting, 

and testing to determine compliance as specified in Section 

12.1.4.1(d). 
Adopted 11-03-09 

CC Air Quality Regulations 

12.1-25

(b) A source that proposes a voluntarily accepted emission limitation or 

other standard shall comply with the requirements of Section 

12.1.3.6(d). 

(c) Because the addition of a voluntarily accepted emission limitation or 

standard requires a significant permit revision, the public participation 

procedures set forth in Section 12.1.5.3 shall be followed for sources 

requesting a voluntarily accepted emission limitation or standard. 

History: Adopted November 3, 2009 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-i 

SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT 

AREAS 

(PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas ................................. 1

12.2.1 Applicability Procedures ....................................................................... 1

12.2.1.1 Preconstruction Review Requirements ........................... 1

12.2.1.2 Construction of Major Stationary Sources or 

Modifications ................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement ..................... 1

12.2.1.4 Projects ........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations ... 2

12.2.1.6 Existing Emission Unit Projects ....................................... 2

12.2.1.7 Availability of Information ................................................ 4

12.2.1.8 Secondary Emissions ...................................................... 4

12.2.2 Definitions ............................................................................................. 4

12.2.3 Ambient Air Increments ...................................................................... 26

12.2.4 Ambient Air Ceilings ........................................................................... 27

12.2.5 Restrictions On Area Classifications ................................................... 27

12.2.5.1 Class I Areas ................................................................. 27

12.2.5.2 Redesignation of Class I Areas ..................................... 27

12.2.5.3 Class II Areas ................................................................ 27

12.2.5.4 Redesignating Areas ..................................................... 27

12.2.5.5 Exclusions from Increment Consumption ...................... 28

12.2.6 Redesignation .................................................................................... 29

12.2.6.1 Clark County ................................................................. 29

12.2.6.2 Requirements ................................................................ 29

12.2.6.3 Reserved ....................................................................... 31

12.2.6.4 Administrator Approval .................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal ............................. 31

12.2.7 Stack Heights ..................................................................................... 31

12.2.7.1 Emission Limitation ....................................................... 31

12.2.7.2 Time Frame ................................................................... 31

12.2.7.3 Stack Height Limitation ................................................. 32

12.2.8 Exemptions ......................................................................................... 35

12.2.8.1 Nonattainment Areas .................................................... 35

12.2.8.2 Class I Areas ................................................................. 36

12.2.8.3 Class II Areas ................................................................ 36

12.2.8.4 Threshold Limits ............................................................ 36

12.2.9 Control Technology Review ................................................................ 37

12.2.9.1 Major Stationary Sources .............................................. 37

12.2.9.2 Major Modifications ....................................................... 37

12.2.9.3 Phased Construction Projects ....................................... 37

12.2.10 Source Impact Analysis ...................................................................... 37

12.2.10.1 Demonstration of Impact ............................................... 37
Amended 11-16-10 

CC Air Quality Regulations 

12.2-ii 

12.2.10.2 Violation of Standard ..................................................... 38

12.2.11 Air Quality Models .............................................................................. 38

12.2.11.1 Model Applicability ........................................................ 38

12.2.11.2 Model Modifications and Substitutions .......................... 38

12.2.12 Air Quality Analysis ............................................................................. 39

12.2.12.1 Preapplication Analysis ................................................. 39

12.2.12.2 Post-Construction Monitoring ........................................ 40

12.2.12.3 Operations of Monitoring Stations ................................. 40

12.2.13 Source Information ............................................................................. 40

12.2.13.1 Required Information..................................................... 40

12.2.13.2 Information on Air Quality Impacts ................................ 40

12.2.14 Additional Impact Analyses ................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation ..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas .......... 41

12.2.15.1 Notice to EPA ................................................................ 41

12.2.15.2 Federal Land Manager .................................................. 41

12.2.15.3 Impact of Denial on Air Quality-Related Values ............ 42

12.2.15.4 Class I Variances .......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land 

Manager’s Concurrence ................................................ 43

12.2.15.6 Variance by the Governor with the President’s 

Concurrence ................................................................. 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial 

Variance ........................................................................ 43

12.2.16 Public Participation ............................................................................. 44

12.2.16.1 Notice of Proposed Action ............................................. 44

12.2.16.2 Distribution of Notice ..................................................... 46

12.2.16.3 Public Hearings ............................................................. 46

12.2.16.4 Time Frame ................................................................... 46

12.2.16.5 Comments and Approvals ............................................. 46

12.2.16.6 Enhanced Public Participation Procedures ................... 47

12.2.17 Source Obligation ............................................................................... 47

12.2.17.1 Enforcement .................................................................. 47

12.2.17.2 Termination ................................................................... 47

12.2.17.3 Compliance ................................................................... 48

12.2.17.4 Relaxation in Enforceable Limitations ........................... 48

12.2.18 Innovative Control Technology ........................................................... 48

12.2.18.1 Request for Approval .................................................... 48

12.2.18.2 Requirements for Approval ........................................... 48

12.2.18.3 Withdrawal of Approval ................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal .................... 49

12.2.19 Plantwide Applicability Limits (PALs) .................................................. 49

12.2.19.1 Applicability ................................................................... 50

12.2.19.2 Definitions ..................................................................... 50

12.2.19.3 Permit Application Requirements .................................. 52
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12.2-iii 

12.2.19.4 General Requirements for Establishing PALs ............... 52

12.2.19.5 Public Participation Requirements for PALs .................. 53

12.2.19.6 Setting the 10-year Actuals PAL Level .......................... 53

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

 ...................................................................................... 54

12.2.19.8 PAL Effective Period and Reopening of the PAL 

Conditions in a Part 70 Operating Permit ...................... 55

12.2.19.9 Expiration of a PAL ....................................................... 56

12.2.19.10 Renewal of a PAL ......................................................... 57

12.2.19.11 Increasing a PAL during the PAL Effective Period ........ 58

12.2.19.12 Monitoring Requirements for PALs ............................... 60

12.2.19.13 Recordkeeping Requirements ....................................... 62

12.2.19.14 Reporting and Notification Requirements ...................... 63

12.2.19.15 Transition Requirements ............................................... 64

12.2.20 Invalidation ......................................................................................... 65

LIST OF TABLES 

Table 12.2-1. Increment Limits ................................................................................. 26

Table 12.2-2. Air Quality Impact Limits ..................................................................... 36

Table 12.2-3. Significance Levels ............................................................................. 38

Table 12.2-4. Maximum Allowable Pollutant Increases ............................................ 42

Table 12.2-5. Maximum Allowable Increase (μg/m3

) ................................................ 44
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12.2 Prevention of Significant Deterioration in Attainment Areas 

12.2.1 Applicability Procedures 

12.2.1.1 Preconstruction Review Requirements 

The preconstruction review requirements of Section 12.2 shall apply to the 

construction of any new major stationary source, or any project at an existing major stationary source, within the limits set forth in Section 12.2.1.4, in 

an area designated as attainment or unclassifiable under Sections 

107(d)(1)(A)(ii) or (iii) of the Act. 

12.2.1.2 Construction of Major Stationary Sources or Modifications 

The requirements of Sections 12.2.9 through 12.2.17 apply to the construction of any new major stationary source, or the major modification of any existing major stationary source, except as Section 12.2 otherwise provides. 

12.2.1.3 Authority to Construct Permit Requirement 

No new major stationary source or major modification to which the requirements of Sections 12.2.9 through 12.2.17 apply shall begin actual construction without an Authority to Construct Permit issued pursuant to Section 

12.4 that states that the major stationary source or major modification will 

meet those requirements. 

12.2.1.4 Projects 

The requirements of Section 12.2 apply to projects at major stationary 

sources in accordance with the principles set out in paragraphs (a) through 

(e) below: 

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major 

modification for a regulated NSR pollutant if it causes two (2) types of 

emissions increases: a significant emissions increase, and a significant net emissions increase. The project is not a major modification if 

it does not cause a significant emissions increase. If the project 

causes a significant emissions increase, then the project is a major 

modification only if it also results in a significant net emissions increase. 

(b) The procedure for calculating (before beginning actual construction) 

whether a significant emissions increase will occur depends upon the 

type of emissions units being added or modified as part of the 

project, according to paragraphs (c) through (e) of Section 12.2.1.4. 

The procedure for calculating (before beginning actual construction) 

whether a significant net emissions increase will occur at the major 
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12.2-2

stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net emissions increase. 

(c) Actual-to-Projected-Actual Applicability Test for Projects that 

only involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the projected actual emissions and the 

baseline actual emissions for each existing emissions unit equals or 

exceeds the significant amount for that pollutant. 

(d) Actual-to-Potential Test for Projects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase 

of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the potential to emit from each new emissions 

unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. 

(e) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR 

Pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in paragraph (c) 

or (d) of Section 12.2.1.4, as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant. 

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation 

(PAL) for a regulated NSR pollutant, the major stationary source shall comply with the requirements under Section 12.2.19. 

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing 

emissions unit at a major stationary source, other than a source with a PAL, 

and the project is not a part of a major modification, and the owner or operator elects to use the method specified in paragraphs (1)(A-D) of the definition of projected actual emissions, found in Section 12.2.2(nn). 

(a) Before beginning actual construction of the project, and as a condition of the source's Authority to Construct Permit, the owner or operator shall document and maintain a record of the following information: 

(1) A description of the project; 
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12.2-3

(2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and 

(3) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(C) of the definition of projected actual emissions, as 

found in Section 12.2.2(nn) and an explanation for why such 

amount was excluded, and any netting calculations if applicable. 

(b) If the emissions unit is an existing emissions unit, before beginning 

actual construction, the owner or operator shall provide a copy of the 

information set out in Section 12.2.1.6(a) to the Control Officer. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the Control Officer before beginning actual construction. 

(c) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that 

are emitted by any emissions unit identified in Section 12.2.1.6(a)(2); 

and calculate and maintain a record of the annual emissions, in tpy, 

for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated 

NSR pollutant at any emissions unit. 

(d) If the emissions unit is an existing electric utility steam generating 

unit, the owner or operator shall submit a report to the Control Officer 

within sixty (60) days after the end of each calendar year during 

which records must be generated under Section 12.2.1.6(c) setting 

out the unit’s annual emissions during the calendar year that preceded submission of the report. 

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a 

report to the Control Officer if the annual emissions, in tpy, from the 

project identified in Section 12.2.1.6(a) exceed the baseline actual 

emissions (as documented and maintained pursuant to Section 

12.2.1.6(a)(3)) by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions 

(prior to exclusion of the amount of emissions under the definition of 

projected actual emissions) as documented and maintained pursuant 

to Section 12.2.1.6(a)(3). Such report shall be submitted to the Control Officer within sixty (60) days after the end of such year. The report shall contain the following: 
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CC Air Quality Regulations 

12.2-4

(1) The name, address, and telephone number of the major stationary source; 

(2) The annual emissions, as calculated pursuant to Section 

12.2.1.6(c); and 

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection). 

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section 12.2.1.6 available for 

review upon a request for inspection by the Control Officer. 

12.2.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a stationary source would qualify as a major stationary source. If a stationary 

source is subject to Section 12.2 on the basis of the direct emissions from 

the stationary source, the requirements of Section 12.2.10, but no other 

provisions of Section 12.2, must also be met for secondary emissions. 

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the 

meanings set forth below for the purposes of Section 12.2. When a term is 

not defined in these paragraphs, it shall have the meaning given in Section 

0, or the Act, in that order of priority. 

(a) “Actual emissions” means the actual rate of emissions of a regulated 

NSR pollutant from an emissions unit, as determined in accordance 

with this definition. 

(1) In general, actual emissions as of a particular date shall equal 

the average rate, in tpy, at which the emissions unit actually 

emitted the regulated NSR pollutant during a consecutive 24-

month period which precedes the particular date and which is 

representative of normal source operation. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period. 
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(2) The Control Officer may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of 

the unit. 

(3) For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to 

emit of the unit on that date. 

(4) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL. 

Instead, projected actual emissions and baseline actual emissions shall apply for those purposes. 

(b) “Allowable emissions” means the emissions rate of a stationary 

source calculated using the maximum rated capacity of the source 

(unless the source is subject to practicably enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the 

most stringent of the following: 

(1) Any applicable standards set forth in these AQRs and 40 CFR 

Parts 60, 61 or 63; 

(2) Any applicable emission limitation in the Nevada SIP, including 

those with a future compliance date; or 

(3) The emissions rate specified as a practicably enforceable permit 

condition, including those with a future compliance date. 

(c) “Baseline actual emissions” means the rate of emissions, in tpy, of a 

regulated NSR pollutant, as determined in accordance with paragraphs (1) through (4) of this definition. 

(1) For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tpy, at which the 

unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator 

begins actual construction of the project. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups 

and shutdowns, except emissions from a shutdown associated with a malfunction. 

(B) The average rate shall be adjusted downward to exclude 

any non-compliant emissions that occurred while the 
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CC Air Quality Regulations 

12.2-6

source was operating above any emission limitation that 

was legally enforceable during the consecutive 24-month 

period. 

(i) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an 

emission limitation with which the major stationary 

source must comply as of the particular date, had 

such major stationary source been required to 

comply with such limitations during the consecutive 

24-month period. For the purposes of determining 

baseline actual emissions for contemporaneous 

changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date 

is the date on which the particular change occurred. 

However, if an emission limitation is part of a Maximum Achievable Control Technology standard that 

the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need 

only be adjusted if the state of Nevada has taken 

credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G). 

(C) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

(D) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraph (1)(B) of this definition. 

(2) For an existing emissions unit (other than an electric utility 

steam generating unit), baseline actual emissions means the 

average rate, in tpy, at which the emissions unit actually emitted 

the pollutant during any consecutive 24-month period selected 

by the owner or operator within the 10-year period immediately 

preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received by the Control Officer for a permit required 

under these regulations, whichever is earlier, except that the 
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CC Air Quality Regulations 

12.2-7

10-year period shall not include any period earlier than November 15, 1990. 

(A) The average rate shall include fugitive emissions to the extent quantifiable. 

(B) The average rate shall include emissions associated with 

startups and shutdowns, except emissions from a shutdown associated with a malfunction. 

(C) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source 

was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period. 

(D) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply had such major stationary source been required 

to comply with such limitations during the consecutive 24-

month period. For the purposes of determining baseline 

actual emissions for contemporaneous changes pursuant 

to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is 

part of a Maximum Achievable Control Technology standard that the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need only 

be adjusted if the state of Nevada has taken credit for such 

emissions reductions in an attainment demonstration or 

maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G). 

(E) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant. 

(F) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraphs (2)(C) and (D) of this 

definition. 
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CC Air Quality Regulations 

12.2-8

(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from 

the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s 

potential to emit. 

(4) For a PAL for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating 

units in accordance with the procedures contained in paragraph 

(1) of this definition, for other existing emissions units in accordance with the procedures contained in paragraph (2) of this definition, and for a new emisssions unit in accordance with the 

procedures contained in paragraph (3) of this definition. 

(d) “Baseline area” means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 40 CFR Part 81 in 

which the major stationary source or major modification establishing 

the minor source baseline date would construct, or in which it would 

have an air quality impact equal to or greater than one (1) microgram 

per cubic meter (annual average) of the pollutant for which the minor 

source baseline date has been established. 

(1) Area redesignations under 40 CFR Part 81 cannot intersect or 

be smaller than the area of impact of any major stationary 

source or major modification which: 

(A) Establishes a minor source baseline date; or 

(B) Is subject to Section 12 of the AQRs. 

(2) Any baseline area established originally for the Total Suspended 

Particulates (TSP) increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain in 

effect if the Control Officer rescinds the corresponding minor 

source baseline date. 

(e) “Baseline concentration” means: 

(1) That ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established, and shall include: 

(A) The actual emissions, representative of sources in existence on the applicable minor source baseline date, except 

as otherwise provided in paragraph (2) of this definition; 

and 
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CC Air Quality Regulations 

12.2-9

(B) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline 

date, but were not in operation by the applicable minor 

source baseline date. 

(2) The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s): 

(A) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and 

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date. 

(f) “Basic design parameter” means: 

(1) Except as provided in paragraph (3) of this definition, for a 

process unit at a steam electric generating facility, the owner or 

operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption 

rate, or maximum hourly electric output rate and maximum 

steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality 

based on British Thermal Units (Btu) content shall be used for 

determining the basic design parameter(s) for a coal-fired electric utility steam generating unit. 

(2) Except as provided in paragraph (3) of this definition, the basic 

design parameter(s) for any process unit that is not at a steam 

electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product 

output. Combustion process units will typically use maximum 

rate of fuel input. For sources having multiple end products and 

raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design 

parameter. 

(3) If the owner or operator believes the basic design parameter(s) 

in paragraphs (1) and (2) of this definition is not appropriate for 

a specific industry or type of process unit, the owner or operator 

may propose to the Control Officer an alternative basic design 

parameter(s) for the source’s process unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceable that records such basic design parameter(s) and 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-10

requires the owner or operator to comply with such parameter(s). 

(4) The owner or operator shall use credible information, such as 

results of historic maximum capability tests, design information 

from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in 

paragraphs (1) and (2) of this definition. 

(5) If design information is not available for a process unit, then the 

owner or operator shall determine the process unit’s basic design parameter(s) using the maximum value achieved by the 

process unit in the 5-year period immediately preceding the 

planned activity. 

(6) Efficiency of a process unit is not a basic design parameter. 

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has 

the effect of constraining emissions, that applies to the process 

unit and that is legally enforceable. 

(g) “Begin actual construction” means, in general, initiation of physical 

on-site construction activities on an emissions unit which are of a 

permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those 

on-site activities other than preparatory activities which mark the initiation of the change. 

(h) “Best Available Control Technology (BACT)” means an emission limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which 

would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts 

and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combustion techniques for control of such pollutant. 

In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable 

standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would make 

the imposition of an emissions standard infeasible, a design, equip-
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CC Air Quality Regulations 

12.2-11

ment, work practice, operational standard, or combination thereof, 

may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for 

compliance by means which achieve equivalent results. 

(i) “Building, structure, facility, or installation” means all of the pollutantemitting activities which belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common 

control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same SIC or 

NAICS code) as described in either the Standard Industrial Classification manual, 1972, as amended by the 1977 supplement or the 

North American Industrial Classification System manual. 

(j) “Categorical stationary source” means any stationary source of air 

pollutants that belongs to one of the following categories: 

(1) Fossil fuel-fired steam electric plants of more than 250 million 

Btu per hour heat input; 

(2) Coal cleaning plants (with thermal dryers); 

(3) Kraft pulp mills; 

(4) Portland cement plants; 

(5) Primary zinc smelters; 

(6) Iron and steel mills; 

(7) Primary aluminum ore reduction plants; 

(8) Primary copper smelters; 

(9) Municipal incinerators capable of charging more than 50 tons of 

refuse per day; 

(10) Hydrofluoric, sulfuric, or nitric acid plants; 

(11) Petroleum refineries; 

(12) Lime plants; 

(13) Phosphate rock processing plants; 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-12

(14) Coke oven batteries; 

(15) Sulfur recovery plants; 

(16) Carbon black plants (furnace process); 

(17) Primary lead smelters; 

(18) Fuel conversion plants; 

(19) Sintering plants; 

(20) Secondary metal production plants; 

(21) Chemical process plants; 

(22) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million Btu per hour heat input; 

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(24) Taconite ore processing plants; 

(25) Glass fiber processing plants; and 

(26) Charcoal production plants. 

(27) Any other stationary source category, which as of August 7, 

1980 is being regulated under Section 111 or 112 of the Act. 

(k) “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or postcombustion 

stage at a new or existing facility, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen (NOx) 

associated with the utilization of coal in the generation of electricity or 

process steam which was not in widespread use as of November 15, 

1990. 

(l) “Clean Coal Technology Demonstration Project” means a project using funds appropriated under the heading “Department of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least twenty (20) percent 

of the total cost of the demonstration project. 

(m) “Commence,” as applied to construction of a major stationary source 

or major modification, means that the owner or operator has all ne-
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12.2-13

cessary preconstruction approvals or permits, including an Authority 

to Construct Permit, and either has: 

(1) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or 

(2) Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to 

the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable 

time. 

(n) “Complete” means, in reference to an application for a permit, that 

the application contains all of the information necessary for 

processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Control Officer 

from requesting or accepting any additional information. 

(o) “Construction” means any physical change, or change in the method 

of operation, including fabrication, erection, installation, demolition, or 

modification of an emissions unit, that would result in a change in 

emissions. 

(p) “Continuous Emissions Monitoring System (CEMS)” means all of the 

equipment that may be required to meet the data acquisition and 

availability requirements of Section 12.2 to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis. 

(q) “Continuous Emissions Rate Monitoring System (CERMS)” means 

the total equipment required for the determination and recording of 

the pollutant mass emissions rate (in terms of mass per unit of time). 

(r) “Continuous Parameter Monitoring System (CPMS)” means all of the 

equipment necessary to meet the data acquisition and availability requirements of Section 12.2, to monitor process and control device 

operational parameters and other information, and to record average 

operational parameter value(s) on a continuous basis. 

(s) “Electric Utility Steam Generating Unit” means any steam electric generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity, and more than 

25 MW electrical output, to any utility power distribution system for 

sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining 

the electrical energy output capacity of the affected facility. 
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(t) “Emissions unit” means any part of a stationary source that emits, or 

would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of Section 12.2, there are two types of emissions units, as described in paragraphs (1) and (2) of this definition: 

(1) A "new emissions unit" is any emissions unit which is (or will be) 

newly constructed and which has existed for less than two (2) 

years from the date such emissions unit first operated. For the 

purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph (ii)(6) of Section 12.2.2. 

(2) An "existing emissions unit" is any emissions unit that does not 

meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit. 

(u) “Federally Enforceable” means all limitations and conditions which 

are enforceable by the Administrator. 

(v) “Federal Land Manager” means, with respect to any lands in the 

United States, the Secretary of the Department with authority over 

such lands. 

(w) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

(x) “High terrain” means any area having an elevation 900 feet or more 

above the base of the stack of a source. 

(y) “Indian governing body” means the governing body of any tribe, 

band, or group of Indians subject to the jurisdiction of the United 

States and recognized by the United States as possessing the power 

of self-government. 

(z) “Indian reservation” means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress. 

(aa) “Innovative control technology” means any system of air pollution 

control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous 

emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of 

energy, economics, or non-air-quality environmental impacts. 

(bb) “Lowest Achievable Emission Rate (LAER)” means, for any source, 

the more stringent rate of emissions based on the following: 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-15

(1) The most stringent emission limitation which is contained in the 

implementation plan of any state for such class or category of 

stationary source, unless the owner or operator of the proposed 

major stationary source demonstrates that such limitations are 

not achievable; or 

(2) The most stringent emission limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the LAER for the 

new or modified emissions units within the stationary source. In 

no event shall the application of the term permit a proposed new 

or modified stationary source to emit any pollutant in excess of 

the amount allowable under an applicable new source standard 

of performance. 

For purposes of this definition only, the term “any state” means 

a state, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, and American Samoa, and includes the Commonwealth of the Northern Mariana Islands. 

(cc) “Low terrain” means any area other than high terrain. 

(dd) “Major modification” means any physical change in, or change in the 

method of operation of, a major stationary source that would result in 

a significant emissions increase of a regulated NSR pollutant and a 

significant net emissions increase of that pollutant from the major stationary source. 

(1) Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall 

be considered significant for ozone. 

(2) A physical change or change in the method of operation shall 

not include: 

(A) Routine maintenance, repair, and replacement; 

(B) Use of an alternative fuel or raw material by reason of an 

order under Sections 2(a) and (b) of the Energy Supply 

and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; 

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act; 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-16

(D) Use of an alternative fuel at a steam generating unit, to the 

extent that the fuel is generated from municipal solid 

waste; 

(E) Use of an alternative fuel or raw material by a stationary 

source which: 

(i) The source was capable of accommodating before 

January 6, 1975, unless such change is prohibited 

under any federally enforceable permit condition 

which was established after January 6, 1975 pursuant to Section 12 or under regulations approved 

pursuant to 40 CFR Part 51, Subpart I, or 

(ii) The source is approved to use under any permit issued under Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 

CFR 52.21. 

(F) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally 

enforceable permit condition which was established after 

January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to Subpart I of 40 CFR Part 51. 

(G) Any change in ownership at a stationary source; 

(H) The installation, operation, cessation, or removal of a 

Temporary Clean Coal Technology Demonstration Project, 

provided that the project complies with: 

(i) The Nevada SIP; and 

(ii) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated. 

(I) The installation or operation of a permanent Clean Coal 

Technology Demonstration Project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or 

(J) The reactivation of a very clean coal-fired electric utility 

steam generating unit. 
Amended 11-16-10 

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12.2-17

(3) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Section 12.2.19 for a PAL for 

that regulated NSR pollutant. Instead, the definition of PAL major modification shall apply. 

(4) The fugitive emissions of a major stationary source shall not be 

included in determining, for any of the purposes of Section 12.2, 

whether a particular physical change or change in the method of 

operation is a major modification unless the major stationary 

source is a categorical stationary source or belongs to any other 

stationary source category which, as of August 7, 1980, is being 

regulated under Section 111 or 112 of the Act. 

(ee) “Major source baseline date” means: 

(1) In the case of particulate matter and sulfur dioxide, January 6, 

1975, and 

(2) In the case of nitrogen dioxide, February 8, 1988. 

(ff) “Major stationary source” 

(1) Means: 

(A) Any of the categorical stationary sources of air pollutants 

which emits, or has the potential to emit, 100 tpy or more 

of any regulated NSR pollutant; 

(B) Notwithstanding the stationary source size otherwise specified in paragraph (1)(A) of this definition, any noncategorical stationary source which emits, or has the potential to emit, 250 tpy or more of a regulated NSR pollutant; or 

(C) Any stationary source specified in paragraphs (1)(A) or 

(1)(B) of this definition which emits, or has the potential to 

emit, Greenhouse Gases (“GHGs”) that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 1, 

2010; or 

(D) Any physical change that would occur at a stationary 

source not qualifying under paragraphs (1)(A) or (1)(B) of 

this definition as a major stationary source, if the change 

would constitute a major stationary source by itself. 

(2) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone. 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-18

(3) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section 12.2, 

whether it is a major stationary source, unless the source is a 

categorical stationary source or belongs to any other stationary 

source category which, as of August 7, 1980, is being regulated 

under Section 111 or 112 of the Act. 

(gg) “Minor source baseline date” means the earliest date after the trigger 

date on which a major stationary source or a major modification subject to Section 12 of the AQRs submits a complete application under 

the relevant regulations. 

(1) The trigger date is: 

(A) In the case of particulate matter and sulfur dioxide, August 

7, 1977; and 

(B) In the case of nitrogen dioxide, February 8, 1988. 

(2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established 

if: 

(A) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application 

under Section 12.2 of the AQRs; and 

(B) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of 

a major modification, there would be a significant net emissions increase of the pollutant. 

(3) Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, 

except that the Control Officer shall rescind a minor source 

baseline date where it can be shown, to the satisfaction of the 

Control Officer, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions. 

(hh) “Necessary preconstruction approvals or permits” means those permits or approvals required under air quality control laws and regulations which are part of the Nevada SIP, these regulations, or federal 

air quality control laws and regulations, including the Authority to 

Construct Permits issued pursuant to Section 12.4. 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-19

(ii) “Net emissions increase (NEI)” means, with respect to any regulated 

NSR pollutant emitted by a major stationary source, the following: 

(1) The amount by which the sum of the following exceeds zero: 

(A) The increase in emissions from a particular physical 

change, or change in the method of operation, at a stationary source as calculated pursuant to Sections 12.2.1.4(a) 

through (e); and 

(B) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with 

the particular change and are otherwise creditable. 

(C) For the purposes of calculating increases and decreases 

under paragraph (1)(B) of this definition, baseline actual 

emissions shall be determined as provided in the definition 

of baseline actual emissions, except that paragraphs (1)(C) 

and (2)(E) of that definition shall not apply. 

(i) For the purposes of calculating increases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions, except as provided in paragraph 

(1)(C)(iii) of this definition. 

(ii) For the purposes of calculating increases under paragraph (1)(B) of this definition, if the Control Officer 

determines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to Section 12.2.2(a)(1), 

actual emissions after the contemporaneous project 

shall be determined as provided in the definition of 

projected actual emissions. 

(iii) For the purposes of calculating decreases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions. 

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs 

between the date five (5) years before construction on the particular change commences and the date that the increase from 

the particular change occurs. 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-20

(3) An increase or decrease in actual emissions is creditable only if 

the Control Officer has not relied on it in issuing a permit for the 

source under Section 12 or any other regulation approved by 

the Administrator pursuant to 40 CFR Part 51, which permit is in 

effect when the increase in actual emissions from the particular 

change occurs. 

(4) An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level. 

(5) A decrease in actual emissions is creditable only to the extent 

that: 

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions; 

(B) It is enforceable as a practical matter at and after the time 

that actual construction on the particular change begins; 

(C) The Control Officer has not relied on it in issuing any permit under Section 12, or any other regulations approved 

pursuant to 40 CFR Part 51, Subpart I, nor has the state of 

Nevada relied on it in demonstrating attainment or reasonable further progress; and 

(D) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase 

from the particular change. 

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. 

Any replacement unit that requires shakedown, or any new 

emissions unit that replaces an existing emissions unit and that 

requires shakedown, becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) 

days. 

(jj) “Potential to emit” means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational design. 

Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the types or amounts of material 

combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is 

enforceable as a practical matter. Secondary emissions do not count 

in determining the potential to emit of a stationary source. 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-21

(kk) “Predictive Emissions Monitoring System (PEMS)” means all of the 

equipment necessary to monitor process and control device operational parameters and other information, and calculate and record the 

mass emissions rate on a continuous basis. 

(ll) “Prevention of Significant Deterioration (PSD) Permit” means any 

permit that is issued under a major source preconstruction permit 

program that has been approved by the Administrator and incorporated into the Nevada SIP to implement the requirements of Part C, 

Subchapter I of the Act. 

(mm) “Project” means a physical change in, or change in the method of 

operation of, an existing stationary source. 

(nn) “Projected actual emissions” means the maximum annual rate, in tpy, 

at which an existing emissions unit is projected to emit a regulated 

NSR pollutant in any one of the five (5) years (12-month period) following the date the unit resumes regular operation after the project, 

or in any one of the ten (10) years following that date if (1) the project 

involves increasing the design capacity or potential to emit of any 

emissions unit for that regulated NSR pollutant, and (2) full utilization 

of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. 

(1) In determining the projected actual emissions (before beginning 

actual construction), the owner or operator of the major stationary source: 

(A) Shall consider all relevant information, including, but not 

limited to historical operational data, the company’s own 

representations, the company’s expected business activity 

and highest projections of business activity, the company’s 

filings with the county, state, or federal regulatory authorities, and compliance plans under these regulations; 

(B) Shall include fugitive emissions to the extent quantifiable; 

(C) Shall include emissions associated with startups and shutdowns except emissions from a shutdown associated with 

a malfunction; and 

(D) Shall exclude, only for calculating any increase in emissions that results from the particular project, that portion of 

the unit’s emissions following the project that an existing 

unit could have accommodated during the consecutive 24-

month period used to establish the baseline actual emissions and that are also unrelated to the particular project, 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-22

including any increased utilization due to product demand 

growth. 

(E) In lieu of using the method set out in paragraphs (1)(A)-(D) 

of this definition, the owner or operator of the major stationary source may elect to use the emissions unit’s potential 

to emit, in tpy. 

(oo) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change, or change in the method of operation, associated with commencement of commercial operations by 

a coal-fired utility unit after a period of discontinued operation where 

the unit: 

(1) Has not been in operation for the 2-year period prior to the 

enactment of the Act Amendments of 1990, and the emissions 

from such unit continue to be carried in the Clark County emissions inventory at the time of enactment; 

(2) Was equipped prior to shutdown with a continuous system of 

emissions control that achieved a removal efficiency for sulfur 

dioxide of no less than eighty-five (85) percent and a removal efficiency for particulates of no less than ninety-eight (98) percent; 

(3) Is equipped with low-NOx burners prior to the time of commencing operations following reactivation; and 

(4) Is otherwise in compliance with the requirements of these regulations. 

(pp) “Regulated NSR pollutant,” for purposes of Section 12.2, means the 

following: 

(1) Any pollutant for which a National Ambient Air Quality Standard 

has been promulgated and any constituents or precursors identified by the Administrator; 

(2) Any pollutant that is subject to any standard promulgated under 

Section 111 of the Act; 

(3) Any Class I or II substance subject to a standard promulgated 

under or established by Title VI of the Act; or 

(4) Any pollutant that otherwise is subject to regulation under the 

Act as defined in 40 CFR § 52.21(b)(49) as of July 1, 2010, except that the following pollutants are not regulated NSR pollutants unless the listed pollutant is also regulated as a constituent 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-23

or precursor of a general pollutant listed under Section 108 of 

the Act: 

(A) Any or all Hazardous Air Pollutants (HAPs) either listed in 

Section 112(b)(1) of the Act or added to the list pursuant to 

Section 112(b)(2) of the Act, and not delisted pursuant to 

Section 112(b)(3) of the Act; and 

(B) Any or all substances listed pursuant to Section 112(r)(3) 

of the Act. 

(qq) “Replacement unit” means an emissions unit for which all the criteria 

listed in paragraphs (1) through (4) of this definition are met. No creditable emission reductions shall be generated from shutting down 

the existing emissions unit that is replaced. The criteria are: 

(1) The emissions unit is a reconstructed unit within the meaning of 

40 CFR 60.15(b)(1), or the emissions unit completely takes the 

place of an existing emissions unit. 

(2) The emissions unit is identical to, or functionally equivalent to, 

the replaced emissions unit. 

(3) The replacement does not alter the basic design parameters of 

the process unit. 

(4) The replaced emissions unit is permanently removed from the 

major stationary source, otherwise permanently disabled, or 

permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions 

unit. 

(rr) “Repowering” means replacement of an existing coal-fired boiler with 

one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 

integrated gasification fuel cells or—as determined by the Administrator, in consultation with the Secretary of Energy—a derivative of 

one or more of these technologies, and any other technology capable 

of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater 

waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990. 

(1) Repowering shall also include any oil and/or gas-fired unit which 

has been awarded Clean Coal Technology Demonstration 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-24

Project funding as of January 1, 1991, by the U.S. Department 

of Energy. 

(2) The Control Officer shall give expedited consideration to permit 

applications for any source that satisfies the requirements of 

Section 12.2.2(rr) and is granted an extension under Section 

409 of the Act. 

(ss) “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source 

or major modification itself. For the purpose of Section 12.2, secondary emissions must be specific, well defined, quantifiable, and impact 

the same general area as the stationary source or modification which 

causes the secondary emissions. Secondary emissions include 

emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel. 

(tt) “Shutdown” means the cessation of operation of any air pollution 

control equipment or process equipment for any purpose, except routine phasing out of process equipment. 

(uu) “Significant” means: 

(1) In reference to a net emissions increase or a source’s potential 

to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates: 

 Carbon monoxide: 100 tpy; 

 NOx: 40 tpy; 

 Sulfur dioxide: 40 tpy; 

 Particulate matter: 25 tpy; 

 PM10: 15 tpy; 

 PM2.5: 10 tpy of direct PM2.5 emissions or 40 tpy of sulfur 

dioxide emissions or 40 tpy of nitrogen oxide emissions; 

 Ozone: 40 tpy of volatile organic compounds or nitrogen 

oxides; 

 Lead: 0.6 tpy; 

 Fluorides: 3 tpy; 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-25

 Sulfuric acid mist: 7 tpy; 

 Hydrogen sulfide (H2S): 10 tpy; 

 Total reduced sulfur (including H2S): 10 tpy; 

 Reduced sulfur compounds (including H2S): 10 tpy; 

 Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tpy). 

 Municipal waste combustor metals (measured as Particulate 

Matter): 14 megagrams per year (15 tpy); 

 Municipal waste combustor acid gases (measured as sulfur 

dioxide and hydrogen chloride): 36 megagrams per year (40 

tpy); 

 Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 

tpy); and 

 Ozone-depleting substances: 100 tpy. 

 GHG: The sum of the six well-mixed GHGs on a mass basis 

greater than 0 tpy and the sum of the six well-mixed GHGs 

equal to or greater than 75,000 tpy CO2e as defined in 40 

CFR § 52.21(b)(49) as of July 1, 2010. 

(2) “Significant” means, in reference to a net emissions increase or 

a source’s potential to emit a regulated NSR pollutant that is not 

listed in this definition, any emissions rate. 

(3) Notwithstanding the pollutant-specific significance levels specified in this definition “significant” means any emissions rate or 

any net emissions increase associated with a major stationary 

source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area 

equal to or greater than 1 microgram per cubic meter (24-hour 

average). 

(vv) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. 

(ww) “Startup” means the setting into operation of any air pollution control 

equipment or process equipment for any purpose except the routine 

phasing in of process equipment. 

(xx) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant. 
Amended 11-16-10 

CC Air Quality Regulations 

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(yy) “Temporary Clean Coal Technology Demonstration Project” means a 

Clean Coal Technology Demonstration Project that is operated for a 

period of five (5) years or less, and which complies with the requirements of these regulations and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during 

the project and after it is terminated. 

12.2.3 Ambient Air Increments 

In areas designated as Class I, II or III, increases in pollutant concentration 

over the baseline concentration shall be limited to the following: 

Table 12.2-1. Increment Limits 

Pollutant Maximum allowable 

increases (μg/m3

) 

Class I

Particulate Matter 

PM10, annual arithmetic mean 4 

PM10, 24-hr maximum 8 

Sulfur Dioxide 

Annual arithmetic mean 2 

24-hr maximum 5 

3-hr maximum 25 

Nitrogen Dioxide Annual arithmetic mean 2.5 

Class II

Particulate Matter 

PM10, annual arithmetic mean 17 

PM10, 24-hr maximum 30 

Sulfur Dioxide 

Annual arithmetic mean 20 

24-hr maximum 91 

3-hr maximum 512 

Nitrogen Dioxide Annual arithmetic mean 25 

Class III

Particulate Matter 

PM10, annual arithmetic mean 34 

PM10, 24-hr maximum 60 

Sulfur Dioxide 

Annual arithmetic mean 40 

24-hr maximum 182 

3-hr maximum 700 

Nitrogen Dioxide Annual arithmetic mean 50 

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one 

location. 
Amended 11-16-10 

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12.2.4 Ambient Air Ceilings 

No concentration of a pollutant shall exceed the concentration permitted under the secondary National Ambient Air Quality Standard or the primary National Ambient Air Quality Standard, whichever is lowest for the pollutant, for 

a period of exposure. 

12.2.5 Restrictions On Area Classifications 

12.2.5.1 Class I Areas 

All of the following areas which were in existence on August 7, 1977, shall 

be Class I areas and may not be redesignated: 

(a) International parks, 

(b) National wilderness areas which exceed 5,000 acres in size, 

(c) National memorial parks which exceed 5,000 acres in size, and 

(d) National parks which exceed 6,000 acres in size. 

12.2.5.2 Redesignation of Class I Areas 

Areas which were redesignated as Class I under regulations promulgated 

before August 7, 1977, shall remain Class I, but may be redesignated as 

provided in 40 CFR Part 51. 

12.2.5.3 Class II Areas 

Any other area, unless otherwise specified in the legislation creating such 

an area, is initially designated Class II, but may be redesignated as provided 

in 40 CFR Part 51. 

12.2.5.4 Redesignating Areas 

The following areas may be redesignated only as Class I or II: 

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size 

and was a national monument, a national primitive area, a national 

preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and 

(b) A national park or national wilderness area established after August 

7, 1977, which exceeds 10,000 acres in size. 

 
Amended 11-16-10 

CC Air Quality Regulations 

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12.2.5.5 Exclusions from Increment Consumption 

(a) The following concentrations shall be excluded in determining compliance with a maximum allowable increase: 

(1) Concentrations attributable to the increase in emissions from 

stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation) over the emissions from such sources before the effective date of such an order; 

(2) Concentrations attributable to the increase in emissions from 

sources which have converted from using natural gas by reason 

of natural gas curtailment plan in effect pursuant to the Federal 

Power Act over the emissions from such sources before the effective date of such plan; 

(3) Concentrations of particulate matter attributable to the increase 

in emissions from construction or other temporary emissionrelated activities of new or modified sources; 

(4) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; 

and 

(5) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides 

from stationary sources which are affected by plan revisions approved by the Administrator as meeting the criteria specified in 

paragraph (a)(3) of Section 12.2.5.5. 

(b) If the plan provides that the concentrations to which paragraphs 

(a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall 

also provide that no exclusion of such concentrations shall apply 

more than five (5) years after the effective date of the order to which 

paragraph (a)(1) of Section 12.2.5.5 refers or the plan to which paragraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If 

both such order and plan are applicable, no such exclusion shall apply more than five (5) years after the later of such effective dates. 

(c) For purposes of excluding concentrations pursuant to paragraph 

(a)(5) of Section 12.2.5.5, the Administrator may approve a plan revision that: 
Amended 11-16-10 

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12.2-29

(1) Specifies the time over which the temporary emissions increase 

of sulfur dioxide, particulate matter, or nitrogen oxides would occur. Such time is not to exceed two (2) years in duration unless 

a longer time is approved by the Administrator. 

(2) Specifies that the time period for excluding certain contributions 

in accordance with paragraph (c)(1) of Section 12.2.5.5, is not 

renewable; 

(3) Allows no emissions increase from a stationary source which 

would: 

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or 

(B) Cause or contribute to the violation of a National Ambient 

Air Quality Standard. 

(4) Requires limitations to be in effect the end of the time period 

specified in accordance with paragraph (c)(1) of Section 

12.2.5.5, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed 

those levels occurring from such sources before the plan revision was approved. 

12.2.6 Redesignation 

12.2.6.1 Clark County 

All areas of Clark County (except as otherwise provided under Section 

12.2.5) are designated Class II as of December 5, 1974. Redesignation of 

any area of the county (except as otherwise precluded by Section 12.2.5) 

may be proposed by the Control Officer, as provided below and subject to 

approval by the Administrator, as a revision to the Nevada SIP. 

12.2.6.2 Requirements 

(a) Clark County, through the state of Nevada, may submit to the Administrator a proposal to redesignate areas of the county Class I or Class 

II provided that: 

(1) At least one public hearing has been held in accordance with 

the procedures established in Section 12.2.16; 

(2) Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty (30) days prior to the public hearing; 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-30

(3) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for 

public inspection at least thirty (30) days prior to the hearing and 

the notice announcing the hearing contained appropriate notification of the availability of such discussion; 

(4) Prior to the issuance of notice respecting the redesignation of an 

area that includes any federal lands, the county, through the 

state of Nevada, has provided written notice to the appropriate 

Federal Land Manager and afforded adequate opportunity (not 

in excess of sixty (60) days) to confer with the county respecting 

the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any 

Federal Land Manager had submitted written comments and 

recommendations, the county shall have published a list of any 

inconsistency between such redesignation and such comments 

and recommendations (together with the reasons for making 

such redesignation against the recommendation of the Federal 

Land Manager); and 

(5) The county, through the state of Nevada, has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area 

covered by the proposed redesignation. 

(b) Any area other than an area to which Section 12.2.5 refers may be 

redesignated as Class III if: 

(1) The redesignation would meet the requirements of Section 

12.2.6.2; 

(2) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the county and the 

governor, after consultation with the appropriate committees of 

the legislature, if it is in session, or with the leadership of the 

legislature, if it is not in session (unless state law provides that 

the redesignation must be specifically approved by state legislation), and if general purpose units of local government 

representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the 

redesignation; 

(3) The redesignation would not cause or contribute to a concentration of any air pollutant which would exceed any maximum al-
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lowable increase permitted under the classification of any other 

area or any National Ambient Air Quality Standard; and 

(4) Any permit application for any major stationary source or major 

modification, subject to review under Section 12.2.11, which 

could receive a permit under Section 12.2 only if the area in 

question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was 

practicable for public inspection prior to any public hearing on 

redesignation of the area as Class III. 

12.2.6.3 Reserved 

12.2.6.4 Administrator Approval 

The Administrator will disapprove, within ninety (90) days of submission, a 

proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If 

any such disapproval occurs, the classification of the area shall be that 

which was in effect prior to the redesignation which was disapproved. 

12.2.6.5 Resubmitting Disapproved Proposal 

If the Administrator disapproves any proposed redesignation, the county 

may resubmit the proposal after correcting the deficiencies noted by the 

Administrator. 

12.2.7 Stack Heights 

12.2.7.1 Emission Limitation 

The degree of emission limitation required for control of any air pollutant under Section 12.2 shall not be affected in any manner by: 

(a) So much of the stack height of any source as exceeds good engineering practice; or 

(b) Any other dispersion technique. 

12.2.7.2 Time Frame 

Section 12.2.7.1 shall not apply with respect to stack heights in existence 

before December 31, 1970, or to dispersion techniques implemented before 

then. 

 
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12.2.7.3 Stack Height Limitation 

(a) The limitations set forth herein shall not apply to stacks or dispersion 

techniques used by the owner or operator prior to December 31, 

1970, for which the owner or operator had: 

(1) Begun, or caused to begin, a continuous program of physical 

on-site construction of the stack; 

(2) Entered into building agreements or contractual obligations, 

which could not be cancelled or modified without substantial 

loss to the owner or operator, to undertake a program of construction of the stack, to be completed in a reasonable time; or 

(3) Coal-fired steam electric generating units, subject to the provisions of Section 118 of the Act, which commenced operation before July 1, 1975, with stacks constructed under a construction 

contract awarded before February 8, 1974. 

(b) Good engineering practice stack height is calculated as the greater of 

the four numbers in paragraphs (b)(1) through (b)(4) of Section 

12.2.7.3: 

(1) 213.25 feet (65 meters); 

(2) For stacks in existence on January 12, 1979, and for which the 

owner or operator had obtained all applicable preconstruction 

permits or approvals required under 40 CFR Part 51 or 52, Hg = 

2.5H; 

(3) For all other stacks, Hg = H + 1.5L, where: 

Hg = Good engineering practice stack height, measured from 

the ground-level elevation at the base of the stack 

H = Height of nearby structure, measured from the groundlevel elevation at the base of the stack 

L = Lesser dimension (height or projected width) of nearby 

structure 

provided that the EPA, the Control Officer, or a local control 

agency may require the use of a field study or fluid model to verify good engineering practice (GEP) stack height for the source; 

or 

(4) The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of 
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any air pollutant as a result of atmospheric downwash, wakes, 

or eddy effects created by the source itself, nearby structures, or 

nearby terrain obstacles. 

(5) For a specific structure or terrain feature, “nearby” shall be: 

(A) For purposes of applying the formulae in paragraphs (b)(2) 

and (b)(3) of Section 12.2.7.3, that distance up to five (5) 

times the lesser of the height or the width dimension of a 

structure, but not greater than 0.8 km (1/2 mile); 

(B) For conducting demonstrations under paragraph (b)(4) of 

Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 

ten (10) times the maximum height (H+) of the feature, not 

to exceed two (2) miles if such feature achieved a height 

(H+) 0.8 km from the stack. The height shall be at least forty (40) percent of the GEP stack height as determined by 

the formula provided in paragraph (b)(3) of Section 

12.2.7.3 or 85 feet (26 meters), whichever is greater, as 

measured from the ground-level elevation at the base of 

the stack. 

(6) “Excessive concentrations” means, for the purpose of determining GEP stack height under paragraph (b)(4) of Section 

12.2.7.3: 

(A) For sources seeking credit for stack height exceeding that 

established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, a maximum ground-level concentration due to 

emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at 

least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, 

wakes, or eddy effects, and which contributes to a total 

concentration due to emissions from all sources that is 

greater than a National Ambient Air Quality Standard. For 

sources subject to the requirements for permits or permit 

revisions under Section 12.2.7.3, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part 

to downwash, wakes, or eddy effects produced by nearby 

structures or nearby terrain features which individually is at 

least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, 
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wakes, or eddy effects, and greater than the applicable 

maximum allowable increase contained in Section 12.2.3. 

The allowable emissions rate to be used in making demonstrations under paragraph (b)(4) of Section 12.2.7.3 

shall be prescribed by the new source performance standard which is applicable to the source category unless the 

owner or operator demonstrates that this emission rate is 

infeasible. Where such demonstrations are approved by 

the Control Officer, an alternative emission rate shall be 

established in consultation with the source owner or operator; 

(B) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, either: 

(i) A maximum ground-level concentration due in 

whole or in part to downwash, wakes, or eddy effects as provided in paragraph (b)(4) of Section 

12.2.7.3, except that the emission rate specified by 

any applicable SIP shall be used; or 

(ii) The actual presence of a local nuisance caused by 

the existing stack, as determined by the Control Officer. 

(C) For sources seeking credit after January 12, 1979, for a 

stack height determined under paragraphs (b)(2) and (b)(3) 

of Section 12.2.7.3, where the Control Officer requires the 

use of a field study or fluid model to verify GEP stack 

height; for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of 

cooling towers; and for sources seeking stack height credit 

after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, 

a maximum ground-level concentration due in whole or in 

part to downwash, wakes, or eddy effects that is at least 

forty (40) percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or 

eddy effects. 

(c) The degree of emission limitation required of any source after the respective date given in paragraph (a) of Section 12.2.7.3 for control of 

any pollutant shall not be affected by so much of any source’s stack 
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height that exceeds good engineering practice, or by any other dispersion technique. 

(d) Before the Control Officer issues an Authority to Construct Permit or 

permit revision under Section 12.2 to a source based on a good engineering practice stack height that exceeds the height allowed by 

paragraph (b) of Section 12.2.7.3, the Control Officer shall notify the 

public of the availability of the demonstration study and provide the 

opportunity for a public hearing in accordance with the requirements 

of Section 12.2.16. 

12.2.8 Exemptions 

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

particular major stationary source or major modification if: 

(a) The major stationary source or major modification would be a nonprofit health or nonprofit educational institution, or the major modification would occur at such an institution; or 

(b) The source is a portable stationary source which has previously received a permit, and: 

(1) The owner or operator proposes to relocate the major stationary 

source, and emissions of the major stationary source at the new 

location would be temporary; 

(2) The emissions from the major stationary source would not exceed its allowable emissions; 

(3) The emissions from the major stationary source would impact 

no Class I area and no area where an applicable increment is 

known to be violated; and 

(4) Reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable 

duration of operation at the new location. Such notice shall be 

given to the Control Officer not less than ten (10) days in advance of the proposed relocation unless a different time duration 

is previously approved by the Control Officer. 

12.2.8.1 Nonattainment Areas 

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

major stationary source or major modification with respect to a particular 

pollutant if the owner or operator demonstrates that, as to that pollutant, the 

major stationary source or major modification is located in an area designated as nonattainment under 40 CFR 81.329. 
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12.2.8.2 Class I Areas 

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply 

to a major stationary source or major modification with respect to a particular pollutant if the allowable emissions of that pollutant from the major stationary source or the net emissions increase of that pollutant from the major 

modification: 

(a) Would impact no Class I area and no area where an applicable increment is known to be violated; and 

(b) Would be temporary. 

12.2.8.3 Class II Areas 

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate 

to any maximum allowable increase for a Class II area shall not apply to a 

major modification at a stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT would be less than 

fifty (50) tpy. 

12.2.8.4 Threshold Limits 

The Control Officer may exempt a major stationary source or major modification from the requirements of Section 12.2.12, with respect to monitoring 

for a particular pollutant, if: 

(a) The emissions increase of the pollutant from the new source, or the 

net emissions increase of the pollutant from the modification, would 

cause, in any area, air quality impacts less than the following 

amounts. 

Table 12.2-2. Air Quality Impact Limits 

Pollutant Emissions Increase (μg/m 3)

Carbon monoxide, 8-hour average 575 

Nitrogen dioxide, annual average 14 

PM10, 24-hour average 10 

Sulfur dioxide, 24-hour average 13 

Ozone 

No de minimis air quality level is provided for ozone. However, any net increase of 100 tpy or more of VOCs or NOx 

subject to PSD would require an ambient impact analysis, 

including the gathering of ambient air quality data. 

Lead, 3-month average 0.1 

Fluorides, 24-hour average 0.25 

Total reduced sulfur, 1-hour average 10 
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12.2-37

Pollutant Emissions Increase (μg/m 3

)

Hydrogen sulfide, 1-hour average 0.2 

Reduced sulfur compounds, 1-hour average 10 

(b) The concentrations of the pollutant in the area that the major stationary source or major modification would affect are less than the concentrations listed in paragraph (a) of Section 12.2.8.4; or 

(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4. 

12.2.9 Control Technology Review 

A major stationary source or major modification shall meet each applicable 

requirement. 

12.2.9.1 Major Stationary Sources 

A new major stationary source shall apply BACT for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts. 

12.2.9.2 Major Modifications 

A major modification shall apply BACT for each regulated NSR pollutant for 

which it would result in a significant net emissions increase at the stationary 

source. This requirement applies to each proposed emissions unit at which 

a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit. 

12.2.9.3 Phased Construction Projects 

For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate 

the adequacy of any previous determination of BACT for the source. 

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact 

The owner or operator of the proposed major stationary source or major 

modification shall demonstrate that allowable emissions increases from the 

proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would 

not cause or contribute to air pollution in violation of: 
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12.2-38

(a) Any NAAQS in any air quality control region; or 

(b) Any applicable maximum allowable increase over the baseline concentration in any area. 

12.2.10.2 Violation of Standard 

A major stationary source or major modification will be considered to cause 

or contribute to a violation of a National Ambient Air Quality Standard when 

such source or modification would, at a minimum, exceed the significance 

levels listed in Table 12.2-3 at any locality that does not (or would not) meet 

the applicable national standard. 

Table 12.2-3. Significance Levels 

Pollutant Annual 

Significance Levels

Averaging time (hours) 

24 8 3 1 

SO2 1.0 μg/m3 5 μg/m3 25 μg/m3 

PM10 1.0 μg/m3 5 μg/m3 

NO2 1.0 μg/m3 

CO 0.5 mg/m3 2 mg/m3

12.2.11 Air Quality Models 

12.2.11.1 Model Applicability 

All estimates of ambient concentrations required under Section 12.2 shall be 

based on applicable air quality models, databases, and other requirements 

specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”). 

12.2.11.2 Model Modifications and Substitutions 

Where an air quality model specified in 40 CFR Part 51, Appendix W 

(“Guideline on Air Quality Models”) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a 

model may be made on a case-by-case basis or, where appropriate, on a 

generic basis. Written approval of the Administrator must be obtained for 

any modification or substitution. In addition, use of a modified or substituted 

model must be subject to notice and opportunity for public comment under 

procedures developed in accordance with Section 12.2.16. 
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12.2.12 Air Quality Analysis 

12.2.12.1 Preapplication Analysis 

(a) Any application for an Authority to Construct Permit under Section 

12.2 shall contain an analysis of ambient air quality in the area that 

the major stationary source or major modification would affect for 

each of the following : 

(1) For the source, each pollutant that it would have the potential to 

emit in a significant amount; or 

(2) For the modification, each pollutant for which it would result in a 

significant net emissions increase. 

(b) With respect to any such pollutant for which no National Ambient Air 

Quality Standard exists, the analysis shall contain such air quality 

monitoring data as the Control Officer determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

(c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain 

continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. 

(d) In general, the continuous air quality monitoring data that is required 

shall have been gathered over a period of at least one (1) year and 

shall represent at least the year preceding receipt of the application; 

except that, if the Control Officer determines that a complete and 

adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than 

four (4) months), the data that is required shall have been gathered 

over at least that shorter period. 

(e) The owner or operator of a proposed new stationary source or modification of an existing stationary source of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, 

Section IV may provide post-approval monitoring data for ozone in 

lieu of providing preconstruction data as required under Section 

12.2.12.1. 

(f) With respect to any requirements for air quality monitoring of PM10, 

the owner or operator of the major stationary source or major modification shall use a monitoring method approved by the Administrator 

and shall estimate the ambient concentrations of PM10 using the data 
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12.2-40

collected by such approved monitoring method in accordance with 

estimating procedures approved by the Control Officer. 

12.2.12.2 Post-Construction Monitoring 

The owner or operator of a major stationary source or major modification 

shall, after construction of the major stationary source or major modification, 

conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissions from the major stationary source 

or major modification may have, or are having, on air quality in any area. 

12.2.12.3 Operations of Monitoring Stations 

The owner or operator of a major stationary source or major modification 

shall meet the requirements of 40 CFR Part 58, Appendix B during the operation of monitoring stations for purposes of satisfying Section 12.2.12. 

12.2.13 Source Information 

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or 

make any determination required under Section 12.2.13. 

12.2.13.1 Required Information 

With respect to a major stationary source or major modification to which 

Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such information shall 

include: 

(a) A description of the nature, location, design capacity, and typical operating schedule of the major stationary source or major modification, 

including specifications and drawings showing its design and plant 

layout; 

(b) A detailed schedule for construction of the major stationary source or 

major modification; 

(c) A detailed description as to what system of continuous emission reduction is planned for the major stationary source or major modification, emission estimates, and any other information necessary to determine that BACT would be applied. 

12.2.13.2 Information on Air Quality Impacts 

Upon request of the Control Officer, the owner or operator shall also provide 

information on: 
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12.2-41

(a) The air quality impact of the major stationary source or major modification, including meteorological and topographical data necessary to 

estimate such impact; and 

(b) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has 

occurred since the major source baseline date in the area the major 

stationary source or major modification would affect. 

12.2.14 Additional Impact Analyses 

12.2.14.1 Visibility, Soils, and Vegetation 

The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the proposed major 

stationary source or major modification, and general commercial, residential, industrial and other growth associated with the major stationary source 

or major modification. The owner or operator need not provide an analysis 

of the impact on vegetation having no significant commercial or recreational 

value. 

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, 

and other growth associated with the source or modification. 

12.2.15 Additional Requirements for Sources Impacting Class I Areas 

12.2.15.1 Notice to EPA 

The Control Officer shall transmit to the Administrator a copy of each permit 

application relating to a major stationary source or major modification, and 

provide notice to the Administrator of every action related to the consideration of such permit. 

12.2.15.2 Federal Land Manager 

The Federal Land Manager and the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality-related values (including visibility) of any such 

lands and to consider, in consultation with the Administrator, whether a proposed source or modification would have an adverse impact on such values. The Control Officer shall consult with the Federal Land Manager on a 

proposed major stationary source or major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307. 

 
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12.2.15.3 Impact of Denial on Air Quality-Related Values 

A Federal Land Manager of any Class I lands may present to the county, after the Control Officer’s preliminary determination (required under procedures developed in accordance with Section 12.2.16), a demonstration that 

the emissions from the proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air quality 

resulting from emissions from such source or modification would not cause 

or contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the county, through the state of Nevada, concurs with such demonstration, the Control Officer shall not issue the permit. 

12.2.15.4 Class I Variances 

The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source 

would have no adverse impact on the air quality-related values of such 

lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or 

contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the Federal Land Manager concurs with such 

demonstration and so certifies to the state of Nevada, the Control Officer 

may, provided that applicable requirements are otherwise met, issue the 

permit with such emission limitations as may be necessary to assure that 

emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such 

pollutants. 

Table 12.2-4. Maximum Allowable Pollutant Increases 

Pollutant Maximum allowable 

increase (μg/m3

) 

Particulate Matter: 

 PM10, annual arithmetic mean 17 

 PM10, 24-hour maximum 30 

Sulfur dioxide: 

 Annual arithmetic mean 20 

 24-hour maximum 91 

 3-hr maximum 325 

Nitrogen dioxide: 

 Annual arithmetic mean 25 

 
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12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s 

Concurrence 

(a) The owner or operator of a proposed source or modification which 

cannot be approved under procedures developed pursuant to Section 12.2.16 may demonstrate to the governor, through the Control 

Officer, that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods 

of twenty-four (24) hours or less applicable to any Class I area and, 

in the case of federal mandatory Class I areas, that a variance under 

this clause would not adversely affect the air quality related values of 

the area (including visibility). 

(b) The Control Officer, through the governor, after consideration of the 

Federal Land Manager’s recommendation (if any) and subject to his 

concurrence, may grant, after notice and an opportunity for a public 

hearing, a variance from such maximum allowable increase. 

(c) If such variance is granted, the Control Officer may issue a permit to 

such source or modification in accordance with provisions developed 

pursuant to Section 12.2.16, provided that the applicable requirements of the Nevada SIP are otherwise met. 

12.2.15.6 Variance by the Governor with the President’s Concurrence 

(a) The recommendations of the Control Officer, through the governor, 

and the Federal Land Manager shall be transferred to the president 

in any case where the governor recommends a variance in which the 

Federal Land Manager does not concur. 

(b) The president may approve the governor’s recommendation if he 

finds that such variance is in the national interest. 

(c) If such a variance is approved, the Control Officer may issue a permit 

in accordance with provisions developed pursuant to the requirements of Section 12.2.16, provided that the applicable requirements 

of the Nevada SIP are otherwise met. 

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Section 12.2.16, the source or modification shall comply with emission limitations as may be necessary to assure that emissions of sulfur dioxide from 

the source or modification would not (during any day on which the otherwise 

applicable maximum allowable increases are exceeded) cause or contribute 

to concentrations which would exceed the maximum allowable increases 

over the baseline concentration shown in Table 12.2-5, and to assure that 

such emissions would not cause or contribute to concentrations which ex-
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ceed the otherwise applicable maximum allowable increases for periods of 

exposure of twenty-four (24) hours or less for more than eighteen (18) days, 

not necessarily consecutive, during any annual period. 

Table 12.2-5. Maximum Allowable Increase (μg/m3) 

Period of exposure Low Terrain High Terrain 

24-hr maximum 36 62 

3-hr maximum 130 221 

12.2.16 Public Participation 

12.2.16.1 Notice of Proposed Action 

(a) An application shall be deemed to be complete unless, within sixty 

(60) days of receipt, the Control Officer notifies the applicant by certified mail that the application is deficient and not complete. In the 

event of a deficiency, the date of receipt of the application shall be 

the date on which the Control Officer received all required information. 

(b) Within one (1) year after receipt of a complete application, the Control Officer shall: 

(1) Make a preliminary determination whether construction should 

be approved, approved with conditions, or disapproved; and 

(2) Make available in at least one (1) location in each region in 

which the proposed source would be constructed a copy of all 

materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, 

considered in making the preliminary determination. 

(c) After receipt of a complete application for an Authority to Construct 

Permit under Sections 12.2, or 12.3 and 12.4, the Control Officer 

shall publish in a newspaper of general circulation within Clark County, Nevada, within each region in which the proposed source would 

be constructed, and on the department's web site a Notice of Proposed Action on the application containing the following: 

(1) The date of the department’s receipt of the completed application; 

(2) The location where documents relevant to the application will be 

available; 

(3) For an Authority to Construct Permit reviewed pursuant to Section 12.2, a summary of the following: 
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(A) The results of air quality modeling and any other air quality 

impact analyses; 

(B) The results of the analysis of alternatives; 

(C) The determination of BACT; and 

(D) The level of PSD increments to be consumed by the 

source, as determined under Section 12.2.3. 

(4) For an Authority to Construct Permit reviewed pursuant to Section 12.3, a summary of the following: 

(A) Statewide compliance demonstration; 

(B) Air quality impact analysis; 

(C) Determination of the LAER; and 

(D) Description of the emissions offsets relied upon in the application. 

(5) The department’s preliminary determination of whether the application should be approved or disapproved; 

(6) The proposed Authority to Construct Permit conditions; 

(7) A determination by the Control Officer that the approval of the 

construction will not cause or contribute to a violation of a National Ambient Air Quality Standard, a PSD increment identified 

in Section 12.2.3, or otherwise violate any provisions of the Nevada SIP; 

(8) The total PTE of each regulated NSR pollutant, as applicable; 

(9) An opportunity for any person to submit written comments on 

the application and any documents relevant to the application; 

and 

(10) An opportunity for any person to request a public hearing at 

which oral and written comments on the application will be received, or notice of such a hearing if one has been scheduled. 

(d) All written comments must be received by the Control Officer within 

thirty (30) days from the publication date of the Notice of Proposed 

Action. 

 
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12.2.16.2 Distribution of Notice 

The Control Officer shall send a copy of the Notice of Proposed Action to 

the applicant and to officials and agencies having jurisdiction over the location where the proposed construction would occur, including: 

(a) Any other state or local air pollution control agencies; 

(b) The chief executives of the city and county where the source would 

be located; 

(c) Any comprehensive regional land use planning agency; 

(d) Any state, Federal Land Manager, and Indian governing body whose 

lands may be affected by emissions from the source or modification; 

(e) The Regional Administrator for EPA’s Region 9; and 

(f) Any other person who requests such notice. 

12.2.16.3 Public Hearings 

During the Notice of Proposed Action public comment period specified in 

Section 12.2.16.1, any person may petition the Control Officer, in writing, for 

a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, and the reason for requesting a hearing. 

12.2.16.4 Time Frame 

If a proper petition is filed, and the Control Officer determines that there is a 

significant degree of public interest, the Control Officer shall hold a public 

hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all relevant factors, including, 

but not limited to, the number of petitioners, the nature of their concerns as 

stated in their petitions, the type and quantity of pollutants emitted by the 

source and the proximity of the source to sensitive areas like parks, schools, 

hospitals, residential areas or Class 1 air sheds. 

The petitioner and the applicant shall receive no less than seven (7) days’ 

prior written notice of the date and location of the public hearing. Any notice 

of hearing shall also be posted on the department’s website no less than 

seven (7) days prior to the public hearing. 

12.2.16.5 Comments and Approvals 

The Control Officer shall also: 
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(a) Consider all written comments submitted within a time specified in 

the notice of public comment, and all comments received at any public hearing(s), in making a final decision on the approvability of the 

application. The Control Officer shall make all comments available for 

public inspection in the same locations where the Control Officer 

made available preconstruction information relating to the proposed 

source or modification; 

(b) Make a final determination whether construction should be approved, 

approved with conditions, or disapproved; and 

(c) Notify the applicant in writing of the final determination and make 

such notification available for public inspection at the same location 

where the Control Officer made available preconstruction information 

and public comments relating to the source. 

12.2.16.6 Enhanced Public Participation Procedures 

If the terms and conditions of an Authority to Construct Permit are to be incorporated into a Part 70 Operating Permit through an administrative permit 

revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to 

the foregoing public participation procedures, the applicant shall comply with 

the requirements of Section 12.5.2.17. 

12.2.17 Source Obligation 

12.2.17.1 Enforcement 

Any owner or operator who constructs or operates a source or modification 

not in accordance with the application submitted pursuant to Section 12.2 

and with any changes to the application as required by the Control Officer, 

or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subject to Section 12.2 who begins actual 

construction after the effective date of these AQRs without applying for and 

receiving an Authority to Construct Permit, shall be subject to enforcement 

action. 

12.2.17.2 Termination 

An Authority to Construct Permit shall terminate if construction is not commenced within eighteen (18) months after receipt of such permit if construction is discontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Control Officer may 

extend the 18-month period upon a satisfactory showing of good cause why 

an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction 
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12.2-48

project; each phase must commence construction within eighteen (18) 

months of the projected and approved commencement date. 

12.2.17.3 Compliance 

The issuance of an Authority to Construct Permit shall not relieve any owner 

or operator of the responsibility to comply fully with applicable provisions of 

the Nevada SIP and any other requirements under local, state, or federal 

law. 

12.2.17.4 Relaxation in Enforceable Limitations 

At such time that a particular stationary source or modification becomes a 

major stationary source or major modification solely by virtue of a relaxation 

in any enforceable limitation which was established after August 7, 1980, on 

the capacity of the stationary source or modification otherwise to emit a pollutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply 

to the stationary source or modification as though construction had not yet 

commenced on the stationary source or modification. 

12.2.18 Innovative Control Technology 

12.2.18.1 Request for Approval 

An owner or operator of a proposed major stationary source or major modification may request the Control Officer to approve a system of innovative 

control technology. 

12.2.18.2 Requirements for Approval 

The Control Officer may, with the consent of the governor of the state of 

Nevada and the governors of other affected states, determine that the major 

stationary source or major modification may employ a system of innovative 

control technology if: 

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or 

function; 

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required 

under Section 12.2.9.2 by a date specified by the Control Officer. 

Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit issuance; 

(c) The major stationary source or major modification would meet the 

requirements of Sections 12.2.9 and 12.2.10, based on the emis-
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12.2-49

sions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Control Officer; 

(d) The major stationary source or major modification would not, before 

the date specified by the Control Officer: 

(1) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or 

(2) Impact any area where an applicable increment is known to be 

violated. 

(e) All other Applicable Requirements, including those for public participation, have been met; and 

(f) The provisions of Section 12.2.15 (relating to Class I areas) have 

been satisfied with respect to all periods during the life of the major 

stationary source or major modification. 

12.2.18.3 Withdrawal of Approval 

The Control Officer shall withdraw any approval to employ a system of innovative control technology made under Section 12.2.18.2 if: 

(a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; 

(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 

(c) The Control Officer decides at any time that the proposed system is 

unlikely to achieve the required level of control or to protect the public 

health, welfare, or safety. 

12.2.18.4 BACT Extension for Failure or Withdrawal 

If a major stationary source or major modification fails to meet the required 

level of continuous emission reduction within the specified time period, or 

the approval is withdrawn in accordance with Section 12.2.18.3, the Control 

Officer may allow the major stationary source or major modification up to an 

additional three (3) years to meet the requirement for the application of 

BACT through use of a demonstrated system of control. 

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19.1 through 12.2.19.15 of this section govern actuals PALs. 
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12.2-50

12.2.19.1 Applicability 

(a) The Control Officer may approve the use of an actuals PAL for any 

existing major stationary source if the PAL meets the requirements in 

Sections 12.2.19.1 through 12.2.19.15. The term “PAL” shall mean 

“actuals PAL” throughout Section 12.2.19. 

(b) Any physical change in, or change in the method of operation of, a 

major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of Section 

12.2.19, and complies with the Authority to Construct Permit: 

(1) Is not a major modification for the PAL pollutant; 

(2) Does not have to be approved through the PSD program; and 

(3) Is not subject to the provisions in Section 12.2.17.4. 

(c) Except as provided under paragraph (b)(3) of Section 12.2.19.1, a 

major stationary source shall continue to comply with all applicable 

federal, state or county requirements, emission limitations, and work 

practice requirements that were established prior to the effective date 

of the PAL. 

12.2.19.2 Definitions 

(a) Unless the context otherwise requires, the following terms shall have 

the meanings set forth below for the purposes of Section 12.2.19. 

When a term is not defined in these paragraphs, it shall have the 

meaning given in Section 0, Section 12.4, or the Act. 

(1) “Actuals PAL for a major stationary source” means a PAL based 

on the baseline actual emissions of all emissions units at the 

source that emit, or have the potential to emit, the PAL pollutant. 

(2) “Allowable emissions” means “allowable emissions” as defined 

in paragraph (a)(3) of Section 12.2.2, except as that definition is 

modified according to paragraph (A) of this definition: 

(A) The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit. 

(3) “Major emissions unit” means: 
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(A) Any emissions unit that emits, or has the potential to emit, 

100 tpy or more of the PAL pollutant in an attainment area; 

or 

(B) Any emissions unit that emits, or has the potential to emit, 

the PAL pollutant in an amount that is equal to or greater 

than the major source threshold for the PAL pollutant as 

defined by the Act for nonattainment areas. 

(4) “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 

Sections 12.2.19.1 through 12.2.19.15. 

(5) “PAL effective date” generally means the date of issuance of the 

Authority to Construct Permit. However, the PAL effective date 

for an increased PAL is the date any emissions unit which is 

part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(6) “PAL effective period” means the period beginning with the PAL 

effective date and ending ten (10) years later. 

(7) “PAL major modification” means, notwithstanding the definitions 

for major modification and net emissions increase, any physical 

change in, or change in the method of operation of, the PAL 

source that causes it to emit the PAL pollutant at a level equal to 

or greater than the PAL. 

(8) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source. 

(9) “Significant emissions unit” means an emissions unit that emits, 

or has the potential to emit, a PAL pollutant in an amount that is 

equal to or greater than the significant level as defined in these 

AQRs or the Act, whichever is lower, for that PAL pollutant, but 

less than the amount that would qualify the unit as a major 

emissions unit. 

(10) “Small emissions unit” means an emissions unit that emits, or 

has the potential to emit, the PAL pollutant in an amount less 

than the significant level for that PAL pollutant as defined in 

these AQRs or the Act, whichever is lower. 

 
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12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, 

the owner or operator of a major stationary source shall submit the following 

information to the Control Officer for approval: 

(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner 

or operator of the source shall indicate which, if any, federal, state or 

county applicable requirements, emission limitations, or work practices apply to each unit; 

(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction; and 

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (a) of Section 

12.2.19.13. 

12.2.19.4 General Requirements for Establishing PALs 

(a) The Control Officer may establish a PAL at a major stationary 

source, provided that, at a minimum, the requirements in paragraphs 

(a)(1) through (a)(7) of Section 12.2.19.4 are met. 

(1) The PAL shall impose an annual emission limitation, in tpy, that 

is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major 

stationary source owner or operator shall show that the sum of 

the monthly emissions from each emissions unit under the PAL 

for the previous twelve (12) consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the 

major stationary source owner or operator shall show that the 

sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL. 

(2) The PAL shall be established in an Authority to Construct Permit 

that meets the public participation requirements in Section 

12.2.19.5. 

(3) The Authority to Construct Permit shall contain all the requirements of Section 12.2.19.7. 
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CC Air Quality Regulations 

12.2-53

(4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit, or have the potential to 

emit, the PAL pollutant at the major stationary source. 

(5) Each PAL shall regulate emissions of only one pollutant. 

(6) Each PAL shall have a PAL effective period of ten (10) years. 

(7) The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in Sections 12.2.19.12 through 

12.2.19.14 for each emissions unit under the PAL through the 

PAL effective period. 

(b) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant which occur during the PAL effective period creditable as decreases for purposes of offsets under Section 

12.3.6 unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the 

absence of the PAL. 

12.2.19.5 Public Participation Requirements for PALs 

PALs for existing major stationary sources shall be established, renewed, or 

increased through the public participation procedures in Section 12.2.16. 

12.2.19.6 Setting the 10-year Actuals PAL Level 

(a) Except as provided in paragraph (b) of Section 12.2.19.6, the actuals 

PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions of the PAL pollutant for each 

emissions unit at the source plus an amount equal to the applicable 

significant level for the PAL pollutant under these AQRs or under the 

Act, whichever is lower. When establishing the actuals PAL level for 

a PAL pollutant, only one consecutive 24-month period must be used 

to determine the baseline actual emissions for all existing emissions 

units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. Emissions associated with 

units that were permanently shut down after this 24-month period 

must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tpy) in the Authority to Construct Permit, to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Control 

Officer is aware of prior to issuance of the permit. 

(b) For newly constructed units (this does not include modifications to 

existing units) on which actual construction began after the 24-month 

period, in lieu of adding the baseline actual emissions as specified in 
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CC Air Quality Regulations 

12.2-54

paragraph (a) of Section 12.2.19.6, the emissions must be added to 

the PAL level in an amount equal to the PTE of the units. 

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL 

The contents shall include the information in paragraphs Section 12.2.19.7 

(a) through (j) as listed below: 

(a) The PAL pollutant and the applicable source-wide emission limitation 

in tpy. 

(b) The effective date and the expiration date of the PAL conditions (i.e., 

PAL effective period). 

(c) Specification in the permit that if a major stationary source owner or 

operator applies to renew the PAL conditions in accordance with 

Section 12.2.19.10 before the end of the PAL effective period, then 

the PAL conditions shall not expire at the end of the PAL effective 

period. It shall remain in effect until a revised Part 70 Operating Permit is issued by the Control Officer; 

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions; 

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the requirements of Section 12.2.19.9; 

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month rolling total, 

as required by paragraph (a) of Section 12.2.19.13; 

(g) A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provisions under 

Section 12.2.19.12; 

(h) A requirement to retain the records required under Section 

12.2.19.13 on-site. Such records may be retained in an electronic 

format; 

(i) A requirement to submit the reports required under Section 

12.2.19.14 by the required deadlines; and 

(j) Any other requirements that the Control Officer deems necessary to 

implement and enforce the PAL conditions. 

 
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12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 

70 Operating Permit 

The conditions in a Part 70 Operating Permit that contain a PAL shall include the following information: 

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) years from the date of issuance. 

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit 

(1) During the PAL effective period, the permit shall require the 

Control Officer to reopen the PAL conditions in a Part 70 Operating Permit to: 

(A) Correct typographical/calculation errors made in setting the 

PAL, or reflect a more accurate determination of emissions 

used to establish the PAL; 

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for 

use as offsets under Section 12.3; or 

(C) Revise the PAL to reflect an increase in the PAL, as provided under Section 12.2.19.11. 

(2) The Control Officer may reopen the conditions of a Part 70 Operating Permit authorizing a PAL for the following: 

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective 

date. 

(B) Reduce the PAL consistent with any other requirement that 

is enforceable as a practical matter, and that the Control 

Officer may impose on the major stationary source under 

the Nevada SIP. 

(C) Reduce the PAL if the Control Officer determines that a reduction is necessary to avoid causing or contributing to a 

National Ambient Air Quality Standard or PSD increment 

violation, or to an adverse impact on an air quality-related 

value that has been identified for a federal Class I area by 

a Federal Land Manager and for which information is 

available to the general public. 

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.2.19.8 for the correction of typographical/calculation er-
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CC Air Quality Regulations 

12.2-56

rors that do not increase the PAL level, all other reopenings 

shall be carried out as significant permit revisions to a Part 70 

Operating Permit. 

12.2.19.9 Expiration of a PAL 

Any PAL which is not renewed in accordance with the procedures in Section 

12.2.19.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e) of Section 12.2.19.9 shall apply. 

(a) Each emissions unit (or each group of emissions units) that existed 

under the PAL shall comply with an allowable emission limitation under a revised Part 70 Operating Permit established according to the 

procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9: 

(1) Within the time frame specified for PAL renewals in paragraph 

(b) of Section 12.2.19.10, the major stationary source shall 

submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Control Officer) by 

distributing the PAL allowable emissions for the affected major 

stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an 

applicable requirement that became effective during the PAL effective period, as required under paragraph (e) of Section 

12.2.19.10, such distribution shall be made as if the PAL had 

been adjusted. 

(2) The Control Officer will decide whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 

Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Control Officer determines is appropriate. 

(b) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve 

the use of monitoring systems other than CEMS, CERMS, PEMS, or 

CPMS to demonstrate compliance with the allowable emission limitation. 

(c) Until the Control Officer issues the revised Part 70 Operating Permit 

incorporating allowable limits for each emissions unit, or each group 

of emissions units, as required under paragraph (a)(2) of Section 

12.2.19.9, the source shall continue to comply with a source-wide, 

multi-unit emissions cap equivalent to the level of the PAL emission 

limitation. 
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(d) Any physical change in, or change in the method of operation at, the 

major stationary source will be subject to major NSR requirements if 

such change meets the definition of major modification. 

(e) The major stationary source owner or operator shall continue to 

comply with any federal, state or county applicable requirements that 

may have applied either during the PAL effective period or prior to 

the PAL effective period, except for those limitations that were eliminated by the PAL in accordance with the provisions of paragraph 

(b)(3) of Section 12.2.19.1. 

12.2.19.10 Renewal of a PAL 

(a) The Control Officer will follow the procedures specified in Sections 

12.2.19.5 and 12.4 in approving any request to renew the PAL conditions in a Part 70 Operating Permit, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to 

the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by 

the Control Officer. 

(b) Application Deadline. A major stationary source owner or operator 

shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely 

application is one that is submitted at least six (6) months prior to, but 

not earlier than eighteen (18) prior to, the date of expiration of the 

Part 70 Operating Permit containing the PAL. This deadline for application submittal is to ensure that the permit will not expire before the 

permit is renewed. If the owner or operator of a major stationary 

source submits a complete application to renew the PAL conditions 

in a Part 70 Operating Permit within this time period, then the PAL 

conditions shall continue to be effective until the revised permit with 

the renewed PAL conditions is issued. 

(c) Application Requirements. The application to renew PAL conditions shall be incorporated into the application for renewal of the affected Part 70 Operating Permit, and shall contain the information 

required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10: 

(1) The information required in paragraphs (a) through (c) of Section 12.2.19.3; 

(2) A proposed PAL level; 

(3) The sum of the PTE of all emissions units under the PAL (with 

supporting documentation); and 
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(4) Any other information the owner or operator wishes the Control 

Officer to consider in determining the appropriate level for renewing the PAL conditions. 

(d) PAL Adjustment. In determining whether and how to adjust the 

PAL, the Control Officer will consider the options outlined in paragraphs (d)(1) and (d)(2) of this Section 12.2.19.10. However, in no 

case may any such adjustment fail to comply with paragraph (d)(3) of 

Section 12.2.19.10. 

(1) If the emissions level calculated in accordance with Section 

12.2.19.6 is equal to or greater than eighty (80) percent of the 

PAL level, the Control Officer may renew the PAL at the same 

level without considering the factors set forth in paragraph (d)(2) 

of Section 12.2.19; or 

(2) The Control Officer may set the PAL at a level that he determines to be more representative of the source’s baseline actual 

emissions, or that he or she determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other 

factors as specifically identified by the Control Officer in his or 

her written rationale. 

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19: 

(A) If the PTE of the major stationary source is less than the 

PAL, the Control Officer shall adjust the PAL to a level no 

greater than the PTE of the source; and 

(B) The Control Officer shall not approve a renewed PAL level 

higher than the current PAL, unless the major stationary 

source has complied with the provisions of Section 

12.2.19.11. 

(e) If the compliance date for a federal or state requirement that applies 

to the PAL source occurs during the PAL effective period, and if the 

Control Officer has not already adjusted for such requirement, the 

PAL shall be adjusted at the time the affected Part 70 Operating 

Permit is renewed. 

12.2.19.11 Increasing a PAL during the PAL Effective Period 

(a) The Control Officer may increase a PAL emission limitation only if the 

major stationary source complies with the provisions in paragraphs 

(a)(1) through (a)(4) of Section 12.2.19.11: 
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(1) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit as a significant revision to the affected Part 70 Operating 

Permit. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major 

stationary source’s emissions to equal or exceed its PAL. 

(2) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual 

emissions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions 

units (assuming application of BACT-equivalent controls), plus 

the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would 

result from BACT-equivalent controls on each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless 

the emissions unit is currently required to comply with a BACT 

or LAER requirement that was established within the preceding 

ten (10) years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply. 

(3) The owner or operator obtains an Authority to Construct Permit 

pursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.2.19.11, regardless of the magnitude of the emissions increase resulting from them. The emissions unit(s) shall comply with any emissions requirements 

resulting from the Authority to Construct Permit issuance 

process, even though it has also become subject to the PAL or 

continues to be subject to the PAL. 

(4) The PAL conditions in a Part 70 Operating Permit shall require 

that the increased PAL level be effective on the day any emissions unit that is part of the significant permit revision becomes 

operational and begins to emit the PAL pollutant. 

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the 

sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT-equivalent controls 

as determined in accordance with paragraph (a)(2) of Section 

12.2.19.11), plus the sum of the baseline actual emissions of the 

small emissions units. 
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(c) The PAL conditions in a Part 70 Operating Permit shall be revised to 

reflect the increased PAL level pursuant to the public notice requirements of Section 12.2.19.5. 

12.2.19.12 Monitoring Requirements for PALs 

(a) General Requirements 

(1) The PAL conditions in a Part 70 Operating Permit must include 

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the PAL conditions must be based on sound 

science and meet generally acceptable scientific procedures for 

data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL conditions. 

(2) The PAL monitoring system must employ one (1) or more of the 

four (4) general monitoring approaches meeting the minimum 

requirements set forth in paragraphs (b)(1) through (b)(4) of 

Section 12.2.19.12, and must be approved by the Control Officer. 

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL 

monitoring system may also employ an alternative monitoring 

approach that meets paragraph (a)(1) of Section 12.2.19.12 if 

approved by the Control Officer. 

(4) Failure to use a monitoring system that meets the requirements 

of Section 12.2.19 renders the PAL invalid. 

(b) Minimum Performance Requirements for Approved Monitoring 

Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (c) through (i) of Section 12.2.19.12: 

(1) Mass balance calculations for activities using coatings or solvents; 

(2) CEMS; 

(3) CPMS or PEMS; and 

(4) Emission factors. 
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(c) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities 

using coatings or solvents shall meet the following requirements: 

(1) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in, or created by all 

materials used in or at, the emissions unit; 

(2) Assume that the emissions unit emits all of the PAL pollutant 

that is contained in or created by any raw material or fuel used 

in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and 

(3) Where the vendor of a material or fuel which is used in or at the 

emissions unit publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of 

the range to calculate the PAL pollutant emissions unless the 

Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within 

the range. 

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and 

(2) The CEMS must sample, analyze, and record data at least 

every fifteen (15) minutes while the emissions unit is operating. 

(e) CPMS or PEMS. An owner or operator using a CPMS or PEMS to 

monitor PAL pollutant emissions shall meet the following requirements: 

(1) The CPMS or PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and 

(2) Each CPMS or PEMS must sample, analyze, and record data at 

least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Officer, while the emissions unit 

is operating. 

(f) Emission Factors. An owner or operator using emission factors to 

monitor PAL pollutant emissions shall meet the following requirements: 
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12.2-62

(1) All emission factors shall be adjusted, if appropriate, to account 

for the degree of uncertainty or limitations in the factors’ development; 

(2) The emissions unit shall operate within the designated range of 

use for the emission factor, if applicable; and 

(3) If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation testing to determine 

a site-specific emission factor within six (6) months of permit issuance unless the Control Officer determines that testing is not 

required. 

(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the Authority 

to Construct Permit. 

(h) Notwithstanding the requirements in paragraphs (c) through (g) of 

Section 12.2.19.12, where an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of 

the emissions unit, the Control Officer shall, at the time of permit issuance: 

(1) Establish default value(s) for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 

(2) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 

PAL. 

(i) Revalidation. All data used to establish the PAL pollutant must be 

revalidated through performance testing or other scientifically valid 

means approved by the Control Officer. Such testing must occur at 

least once every five (5) years after issuance of the Part 70 Operating Permit containing the PAL conditions. 

12.2.19.13 Recordkeeping Requirements 

(a) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section 12.2.19 and of the 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-63

PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five (5) years from the date of such record. 

(b) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years: 

(1) A copy of the PAL provisions in a permit application for a Part 

70 Operating Permit and any applications for revisions to the affected Part 70 Operating Permit relevant to the PAL; and 

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance. 

12.2.19.14 Reporting and Notification Requirements 

The owner or operator shall submit semiannual monitoring reports and 

prompt deviation reports to the Control Officer, in accordance with the conditions in the affected Part 70 Operating Permit. The reports shall meet the 

requirements in paragraphs (a) through (c) of Section 12.2.19.14. 

(a) Semiannual Report. The semiannual report shall be submitted to 

the Control Officer within thirty (30) days of the end of each reporting 

period. This report shall contain the information required in paragraphs (a)(1) through (7) of Section 12.2.19.14: 

(1) The identification of the owner and operator and the permit 

number; 

(2) Total annual emissions (in tpy), based on a 12-month rolling total for each month in the reporting period recorded pursuant to 

paragraph (a) of Section 12.2.19.14; 

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and 

annual PAL pollutant emissions; 

(4) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period; 

(5) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and 

span calibration checks), and any corrective action taken; 

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-64

be fully operational or replaced with another monitoring system, 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by paragraph (g) of Section 12.2.19.12; and 

(7) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report. 

(b) Deviation Report. The major stationary source owner or operator 

shall promptly submit reports of any deviations or exceedance of the 

PAL conditions, including periods where no monitoring was available. 

A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy 

this reporting requirement. The deviation reports shall be submitted 

within the time limits prescribed by the affected Part 70 Operating 

Permit. The reports shall contain the following information: 

(1) The identification of owner and operator and the permit number; 

(2) The PAL requirement that experienced the deviation or that was 

exceeded; 

(3) Emissions resulting from the deviation or the exceedance; and 

(4) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report. 

(c) Revalidation Results. The owner or operator shall submit to the 

Control Officer the results of any revalidation test or method within 

three (3) months after completion of such test or method. 

12.2.19.15 Transition Requirements 

(a) The Control Officer may not issue a PAL that does not comply with 

the requirements in Sections 12.2.19.1 through 12.2.19.15 after the 

Administrator has approved regulations incorporating these requirements into the Nevada SIP. 

(b) The Control Officer may supersede any PAL which was established 

prior to the date of approval of the Nevada SIP by the Administrator 

with a PAL that complies with the requirements of Sections 12.2.19.1 

through 12.2.19.15. 
Amended 11-16-10 

CC Air Quality Regulations 

12.2-65

12.2.20 Invalidation 

If any provision of Section 12.2.19, or the application of such provision to 

any person or circumstance, is held invalid, the remainder of Section 

12.2.19, or the application of such provision to persons or circumstances 

other than those as to which it is held invalid, shall not be affected thereby. 

History: Adopted May 18, 2010. Amended November 16, 2010. 
Adopted 05-18-10

CC Air Quality Regulations

12.3-i

SECTION 12.3: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN 

NONATTAINMENT AREAS

12.3 Permit Requirements for Major Sources in Nonattainment Areas ........................ 1

12.3.1 Applicability Procedures ....................................................................... 1

12.3.1.1 Preconstruction Review Requirements ................................ 1

12.3.1.2 Construction of Major Sources or Modifications ................... 1

12.3.1.3 Authority to Construct Permit Requirement .......................... 1

12.3.1.4 Projects ................................................................................ 1

12.3.1.5 Major Sources with Plantwide Applicability Limitations ........ 2

12.3.1.6 Existing Emission Unit Projects ............................................ 2

12.3.1.7 Availability of Information...................................................... 4

12.3.1.8 Secondary Emissions........................................................... 4

12.3.2 Definitions............................................................................................. 4

12.3.3 Statewide Compliance........................................................................ 23

12.3.4 Analysis of Alternatives ...................................................................... 23

12.3.5 Lowest Achievable Emission Rate ..................................................... 23

12.3.5.1 Applicable Requirements.................................................... 23

12.3.5.2 Permit Requirements to Achieve LAER.............................. 23

12.3.6 Emissions Offset................................................................................. 24

12.3.6.1 Sufficiency of Reductions ................................................... 24

12.3.6.2 Offset Methods ................................................................... 24

12.3.6.3 Restrictions on Trading Pollutants...................................... 24

12.3.6.4 Timing................................................................................. 25

12.3.6.5 Quantity.............................................................................. 25

12.3.6.6 Emission Reduction Requirements .................................... 26

12.3.6.7 Location of Internal Reductions .......................................... 27

12.3.6.8 Emission Reduction Credit Requirements.......................... 27

12.3.6.9 ERC Registry...................................................................... 28

12.3.7 Source Obligation............................................................................... 28

12.3.7.1 Enforcement....................................................................... 28

12.3.7.2 Termination ........................................................................ 28

12.3.7.3 Compliance ........................................................................ 28

12.3.7.4 Relaxation in Enforceable Limitations ................................ 28

12.3.8 Public Participation............................................................................. 29

12.3.9 Plantwide Applicability Limits (PAL).................................................... 29

12.3.9.1 Applicability ........................................................................ 29

12.3.9.2 Definitions........................................................................... 29

12.3.9.3 Permit Application Requirements ....................................... 31

12.3.9.4 General Requirements for Establishing PALs .................... 31

12.3.9.5 Public Participation Requirements for PALs....................... 32

12.3.9.6 Setting the 10-year Actuals PAL Level ............................... 32

12.3.9.7 Part 70 Operating Permits with PALs ................................. 33

12.3.9.8 PAL Effective Period and Reopening of PAL Conditions.... 34

12.3.9.9 Expiration of a PAL............................................................. 35
Adopted 05-18-10

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12.3-ii

12.3.9.10 Renewal of a PAL............................................................... 36

12.3.9.11 Increasing a PAL during the PAL Effective Period ............. 38

12.3.9.12 Monitoring Requirements for PALs..................................... 39

12.3.9.13 Recordkeeping Requirements............................................ 42

12.3.9.14 Reporting and Notification Requirements........................... 42

12.3.9.15 Transition Requirements .................................................... 43

12.3.10 Potential Visibility Impacts .................................................................. 44

12.3.11 Invalidation ......................................................................................... 44

LIST OF TABLES

Table 12.3-1. Federal Offset Ratio Requirements by Area Designation and 

Pollutant ................................................................................................ 26
Adopted 05-18-10

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12.3-1

12.3 Permit Requirements for Major Sources in Nonattainment Areas

12.3.1 Applicability Procedures

12.3.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.3 shall apply to the 

construction of any new major stationary source or any project at an existing 

major stationary source in an area designated as nonattainment for any National Ambient Air Quality Standard under Section 107(d)(1)(B) of the Act 

[42 USC § 7407(d)(1)(B)].

12.3.1.2 Construction of Major Sources or Modifications

The requirements of Sections 12.3.3 through 12.3.8 apply to the construction of any new major stationary source or the major modification of any existing major stationary source if the stationary source or modification is major for the regulated NSR pollutant for which the area is designated 

nonattainment under 40 CFR Part 81, except as Section 12.3 otherwise 

provides.

12.3.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requirements of Sections 12.3.3 through 12.3.8 apply shall begin actual construction without an Authority to Construct Permit issued pursuant to Section 

12.4 that states that the major stationary source or major modification will 

meet those requirements.

12.3.1.4 Projects

The requirements of Section 12.3.1.4 apply to projects at major stationary 

sources in accordance with the principles set out in paragraphs (a) through 

(e) of Section 12.3.1.4.

(a) Except as otherwise provided in Section 12.3.1.5, a project is a major 

modification for a regulated NSR pollutant if it causes two (2) types of 

emissions increases: a significant emissions increase and a significant net emissions increase. The project is not a major modification if 

it does not cause a significant emissions increase. If the project 

causes a significant emissions increase, then the project is a major 

modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating (before beginning actual construction) 

whether a significant emissions increase will occur depends upon the 

type of emissions units being added or modified as part of the 
Adopted 05-18-10

CC Air Quality Regulations

12.3-2

project, according to paragraphs (c) through (e) of Section 12.3.1.4. 

The procedure for calculating (before beginning actual construction) 

whether a significant net emissions increase will occur at the major 

stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-Projected-Actual Applicability Test for Projects that 

Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the projected actual emissions and the 

baseline actual emissions, for each existing emissions unit, equals or 

exceeds the significant amount for that pollutant.

(d) Actual-to-Potential Test for Projects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase 

of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the PTE from each new emissions unit following 

completion of the project and the baseline actual emissions of these 

units before the project equals or exceeds the significant amount for 

that pollutant.

(e) Hybrid Test for Projects that Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in paragraphs (c) 

or (d) of Section 12.3.1.4, as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant.

12.3.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source with a PAL for a regulated NSR pollutant, 

the major stationary source shall comply with the requirements in Section 

12.3.9.

12.3.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing 

emissions unit at a major stationary source, other than a source with a PAL; 

the project is not a part of a major modification; and the owner or operator 

elects to use the method specified in paragraphs (1)(A) through (1)(D) of the 

definition of projected actual emissions.

(a) Before beginning actual construction of the project, and as a condition of the source’s Authority to Construct Permit, the owner or op-
Adopted 05-18-10

CC Air Quality Regulations

12.3-3

erator shall document and maintain a record of the following information:

(1) A description of the project;

(2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(D) of the definition of projected actual emissions and 

an explanation for why such amount was excluded, and any netting calculations, if applicable.

(b) If the emissions unit is an existing emissions unit, before beginning 

actual construction, the owner or operator shall provide a copy of the 

information set out in paragraph (a) of Section 12.3.1.6 to the Control 

Officer. Nothing in this paragraph shall be construed to require the 

owner or operator of such a unit to obtain any determination from the 

Control Officer before beginning actual construction, except such 

owner or operator may still be subject to the requirements of Section 

12.1, Section 12.4, or other applicable requirements.

(c) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that 

are emitted by any emissions unit identified in paragraph (a)(2) of 

Section 12.3.1.6; and calculate and maintain a record of the annual 

emissions (in tpy) for a period of five (5) years following resumption 

of regular operations after the change, or for a period of ten (10) 

years following resumption of regular operations after the change if 

the project increases the design capacity of, or potential to emit that 

regulated NSR pollutant at, any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating 

unit, the owner or operator shall submit a report to the Control Officer 

within sixty (60) days after the end of each calendar year during 

which records must be generated under paragraph (c) of Section 

12.3.1.6 setting out the unit’s annual emissions during the calendar 

year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a 

report to the Control Officer if the annual emissions, in tpy, from the 

project identified in paragraph (a) of Section 12.3.1.6 exceed the 

baseline actual emissions (as documented and maintained pursuant 
Adopted 05-18-10

CC Air Quality Regulations

12.3-4

to paragraph (a)(3) of Section 12.3.1.6), by a significant amount for 

that regulated NSR pollutant, and if such emissions differ from the 

projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and maintained pursuant to paragraph (a)(3) of Section 

12.3.1.6. Such report shall be submitted to the Control Officer within 

sixty (60) days after the end of such year. The report shall contain 

the following:

(1) The name, address, and telephone number of the major stationary source;

(2) The annual emissions, as calculated pursuant to paragraph (c) 

of Section 12.3.1.6; and

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection).

12.3.1.7 Availability of Information

The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section 12.3.1.6 available for 

review upon a request for inspection by the Control Officer.

12.3.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a stationary source would qualify as a major stationary source. If a stationary 

source is subject to Section 12.3 on the basis of the direct emissions from 

the stationary source, the requirements of Section 12.3.6, but no other provisions of Section 12.3, must also be met for secondary emissions.

12.3.2 Definitions

Unless the context otherwise requires, the following terms shall have the 

meanings set forth below for the purposes of Section 12.3. When a term is 

not defined in these paragraphs, it shall have the meaning given in Section 

0, or in the Act, in that order of priority.

(a) "Actual emissions" means the actual rate of emissions of a regulated 

NSR pollutant from an emissions unit, as determined in accordance 

with this definition.

(1) In general, actual emissions as of a particular date shall equal 

the average rate, in tpy, at which the emissions unit actually 

emitted the regulated NSR pollutant during a consecutive 24-

month period which precedes the particular date and which is 
Adopted 05-18-10

CC Air Quality Regulations

12.3-5

representative of normal source operation. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period.

(2) The Control Officer may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of 

the unit.

(3) For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the PTE of the 

unit on that date.

(4) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL 

under Section 12.3.9. Instead, projected actual emissions and 

baseline actual emissions shall apply for those purposes.

(b) "Allowable emissions" means the emissions rate of a stationary 

source calculated using the maximum rated capacity of the source 

(unless the source is subject to federally enforceable limits which restrict the operating rate, hours of operation, or both) and the most 

stringent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR 

Parts 60, 61, or 63;

(2) Any applicable emission limitation in the Nevada SIP, including 

those with a future compliance date; or

(3) The emissions rate specified as a federally enforceable permit 

condition, including those with a future compliance date.

(c) "Baseline actual emissions" means the rate of emissions, in tpy, of a 

regulated NSR pollutant, as determined in accordance with paragraphs (c)(1) through (c)(4) of this definition.

(1) For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tpy, at which the 

unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator 

begins actual construction of the project. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation.
Adopted 05-18-10

CC Air Quality Regulations

12.3-6

(A) The average rate shall include fugitive emissions, to the 

extent quantifiable, and emissions associated with startups 

and shutdowns, except emissions from a shutdown associated with a malfunction.

(B) The average rate shall be adjusted downward to exclude

any noncompliant emissions that occurred while the source 

was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

(C) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major stationary source must comply 

as of the particular date, had such major stationary source 

been required to comply with such limitations during the 

consecutive 24-month period. For the purposes of determining baseline actual emissions for contemporaneous 

changes pursuant to paragraph (1)(B) of the definition of 

net emissions increase, the particular date is the date on 

which the particular change occurred. However, if an emission limitation is part of a maximum achievable control 

technology standard that the Administrator proposed or 

promulgated under 40 CFR Part 63, the baseline actual 

emissions need only be adjusted if the state of Nevada has 

taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(D) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(E) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by this definition.

(2) For an existing emissions unit (other than an electric utility 

steam generating unit), baseline actual emissions means the 

average rate, in tpy, at which the emissions unit actually emitted 

the pollutant during any consecutive 24-month period selected 

by the owner or operator within the 10-year period immediately 

preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit appli-
Adopted 05-18-10

CC Air Quality Regulations

12.3-7

cation is received by the Control Officer for a permit required 

under these AQRs, whichever is earlier, except that the 10-year 

period shall not include any period earlier than November 15, 

1990.

(A) The average rate shall include fugitive emissions to the extent quantifiable.

(B) The average rate shall include emissions associated with 

startups and shutdowns, except emissions from a shutdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source 

was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period.

(D) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major stationary source must comply 

as of a particular date, had such major stationary source 

been required to comply with such limitations during the 

consecutive 24-month period. For the purposes of determining baseline actual emissions for contemporaneous 

changes pursuant to paragraph (1)(B) of the definition of 

net emissions increase, the particular date is the date on 

which the particular change occurred. However, if an emission limitation is part of a maximum achievable control 

technology standard that the Administrator proposed or 

promulgated under 40 CFR Part 63, the baseline actual 

emissions need only be adjusted if the State of Nevada 

has taken credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent 

with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraphs (2)(B) and (2)(C) of 

this definition.
Adopted 05-18-10

CC Air Quality Regulations

12.3-8

(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from 

the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s 

PTE.

(4) For a PAL for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating 

units in accordance with the procedures contained in paragraph 

(1) of this definition; for other existing emissions units, in accordance with the procedures contained in paragraph (2) of this definition; and for a new emissions unit, in accordance with the 

procedures contained in paragraph (3) of this definition.

(d) "Basic design parameter" means:

(1) Except as provided in paragraph (3) of this definition, for a 

process unit at a steam electric generating facility, the owner or 

operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption 

rate or maximum hourly electric output rate and maximum 

steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality 

based on Btu content shall be used for determining the basic 

design parameter(s) for a coal-fired electric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic 

design parameter(s) for any process unit that is not at a steam 

electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product 

output. Combustion process units will typically use maximum 

rate of fuel input. For sources having multiple end products and 

raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter.

(3) If the owner or operator believes the basic design parameter(s) 

in paragraphs (1) and (2) of this definition is not appropriate for 

a specific industry or type of process unit, the owner or operator 

may propose to the Control Officer an alternative basic design 

parameter(s) for the source’s process unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceable that records such basic design parameter(s) and 

requires the owner or operator to comply with such parameter(s).
Adopted 05-18-10

CC Air Quality Regulations

12.3-9

(4) The owner or operator shall use credible information, such as 

results of historic maximum capability tests, design information 

from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in 

paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the 

owner or operator shall determine the process unit’s basic design parameter(s) using the maximum value achieved by the 

process unit in the 5-year period immediately preceding the 

planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has 

the effect of constraining emissions, that applies to the process 

unit and that is legally enforceable.

(e) "Begin actual construction" means in general, initiation of physical 

on-site construction activities on an emissions unit which are of a 

permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those 

on-site activities other than preparatory activities which mark the initiation of the change.

(f) "Best Available Control Technology (BACT)" means an emission limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which 

would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts 

and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combustion techniques for control of such pollutant. 

In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable 

standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would make 

the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof 

may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth 
Adopted 05-18-10

CC Air Quality Regulations

12.3-10

the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for 

compliance by means which achieve equivalent results.

(g) "Building, structure, facility, or installation" means all of the pollutantemitting activities which belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common 

control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same SIC or 

NAICS code) as described in either the Standard Industrial Classification (SIC) manual, 1972, as amended by the 1977 supplement or 

the North American Industry Classification System (NAICS) manual.

(h) "Categorical stationary source" means any stationary source of air 

pollutants that belongs to one of the following categories of stationary 

sources:

(1) Fossil fuel-fired steam electric plants of more than 250 million 

Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of 

refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;

(14) Coke oven batteries;
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CC Air Quality Regulations

12.3-11

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber processing plants; 

(26) Charcoal production plants; and

(27) Any other stationary source category, which as of August 7, 

1980 is being regulated under Section 111 or 112 of the Act.

(i) "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion 

stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or 

process steam which was not in widespread use as of November 15, 

1990.

(j) "Clean Coal Technology Demonstration Project" means a project using funds appropriated under the heading “Department of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least twenty (20) percent 

of the total cost of the demonstration project.

(k) "Commence," as applied to construction of a major stationary source 

or major modification, means that the owner or operator has all ne-
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cessary preconstruction approvals or permits, including an Authority 

to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to 

the owner or operator, to undertake a program of actual construction of the source, to be completed within a reasonable 

time.

(l) "Complete" means, in reference to an application for a permit, that 

the application contains all of the information necessary for 

processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Control Officer 

from requesting or accepting any additional information.

(m) "Construction" means any physical change, or change in the method 

of operation (including fabrication, erection, installation, demolition, or 

modification of an emissions unit), that would result in a change in 

emissions.

(n) "Continuous Emissions Monitoring System (CEMS)" means all of the 

equipment that may be required to meet the data acquisition and 

availability requirements of Section 12.3, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis.

(o) "Continuous Emissions Rate Monitoring System (CERMS)" means 

the total equipment required for the determination and recording of 

the pollutant mass emissions rate (in terms of mass per unit of time).

(p) "Continuous Parameter Monitoring System (CPMS)" means all of the 

equipment necessary to meet the data acquisition and availability requirements of Section 12.3, to monitor process and control device 

operational parameters and other information and to record average 

operational parameter value(s) on a continuous basis.

(q) "Electric Utility Steam Generating Unit" means any steam electric 

generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity, and more than 

25 MW of electrical output, to any utility power distribution system. 

Any steam supplied to a steam distribution system for the purpose of 

providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
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(r) "Emission Reduction Credit (ERC)" means a unit of emission reduction (in tpy) that has been issued by the Control Officer in accordance 

with the provisions set forth in Sections 12.3.6 and 12.7.

(s) "Emissions Unit" means any part of a stationary source that emits, or 

would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of Section 12.3, there are two types of emissions units as described in paragraphs (1) and (2) of this definition:

(1) A “new emissions unit” is any emissions unit which is (or will be) 

newly constructed and which has existed for less than two (2) 

years from the date such emissions unit first operated. For the 

purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph (aa)(6) of Section 12.3.2.

(2) An “existing emissions unit” is any emissions unit that does not 

meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit.

(t) "Federally Enforceable" means all limitations and conditions which 

are enforceable by the Administrator.

(u) "Federal Land Manager" means, with respect to any lands in the 

United States, the Secretary of the Department with authority over 

such lands.

(v) "Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally 

equivalent opening.

(w) "Lowest Achievable Emission Rate (LAER)" means, for any source, 

the more stringent rate of emissions based on the following:

(1) The most stringent emission limitation which is contained in the 

implementation plan of any state for such class or category of 

stationary source, unless the owner or operator of the proposed 

major stationary source demonstrates that such limitations are 

not achievable; or

(2) The most stringent emission limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a major modification, means the LAER for 

the new or modified emissions units within the stationary 

source. In no event shall the application of the term permit a 

proposed new or modified stationary source to emit any pollu-
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tant in excess of the amount allowable under an applicable new 

source standard of performance.

For purposes of this definition only, the term “any state” means 

a state, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, and American Samoa, and includes the Commonwealth of the Northern Mariana Islands.

(x) "Major Modification" means any physical change in, or change in the 

method of operation of, a major stationary source that would result in 

a significant emissions increase of a regulated NSR pollutant and a 

significant net emissions increase of that pollutant from the major stationary source.

(1) Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic compounds shall be considered significant for ozone.

(2) Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for nitrogen oxides shall be considered significant for 

ozone unless EPA has granted a waiver for nitrogen oxides 

emissions under Section 182(f) of the Act and the waiver continues to apply.

(3) A physical change or change in the method of operation shall 

not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an 

order under Sections 2(a) and (b) of the Energy Supply 

and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;

(D) Use of an alternative fuel at a steam generating unit, to the 

extent that the fuel is generated from municipal solid 

waste;

(E) Use of an alternative fuel or raw material by a stationary 

source which:
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(i) The source was capable of accommodating before 

December 21, 1976, unless such change would be 

prohibited under any federally enforceable permit 

condition which was established after December 21, 

1976 pursuant to Section 12 or under regulations 

approved pursuant to 40 CFR Part 51, Subpart I.

(ii) The source is approved to use under any permit issued under Section 12.

(F) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally 

enforceable permit condition which was established after 

December 21, 1976;

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a 

Temporary Clean Coal Technology Demonstration Project, 

provided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal 

Technology Demonstration Project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or

(J) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

(4) This definition shall not apply with respect to a particular regulated NSR pollutant when the Major Stationary Source is complying with the requirements under Section 12.3.9 for a PAL for 

that regulated NSR pollutant. Instead, the definition of PAL major modification shall apply.

(5) The fugitive emissions of a major stationary source shall not be 

included in determining, for any of the purposes of Section 12.3, 

whether a particular physical change or change in the method of 

operation is a major modification unless the major stationary 

source is a categorical stationary source or belongs to any other 
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stationary source category which, as of August 7, 1980, was being regulated under Section 111 or 112 of the Act.

(y) "Major Stationary Source" means:

(1) Any stationary source of air pollutants which emits, or has the 

potential to emit, 100 tpy or more of any regulated NSR pollutant except:

(A) For an area designated nonattainment for PM10 and classified as “serious,” a major stationary source is a stationary 

source which emits, or has the potential to emit, seventy 

(70) tpy or more of PM10.

(B) A major stationary source is a stationary source which 

emits, or has the potential to emit, fifty (50) tpy or more in 

an area classified as “serious” nonattainment for CO where 

stationary sources significantly contribute to ambient CO 

levels, as determined under regulations issued by EPA 

pursuant to the Act.

(C) For an area designated nonattainment for ozone, a source 

with the potential to emit VOC or NOx in the following 

amounts shall be considered a major stationary source:

(i) ≥100 tpy in areas classified as “marginal” or “moderate”;

(ii) ≥50 tpy in areas classified as “serious”;

(iii) ≥25 tpy in areas classified as “severe”; and 

(iv) ≥10 tpy in areas classified as “extreme.”

(2) Any physical change that would occur at a stationary source not 

qualifying as a major stationary source under paragraph (1) of 

this definition, if the change would constitute a major stationary 

source by itself under paragraph (1).

(A) A major stationary source that is major for volatile organic 

compounds shall be considered major for ozone.

(B) A major stationary source that is major for nitrogen oxides 

shall be considered major for ozone, unless EPA has 

granted a waiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver continues to apply.
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(3) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of Section 12.3 

whether it is a major stationary source, unless the source is a 

categorical stationary source or belongs to any other stationary 

source category which, as of August 7, 1980, was being regulated under Section 111 or 112 of the Act.

(z) "Necessary preconstruction approvals or permits" means those permits or approvals required under air quality control laws and regulations that are part of the Nevada SIP, these AQRs, or federal air 

quality control laws and regulations, including the Authority to Construct Permits issued pursuant to Section 12.4.

(aa) "Net Emissions Increase" means, with respect to any regulated NSR 

pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical 

change, or change in the method of operation, at a stationary source as calculated pursuant to paragraphs (a) 

through (e) of Section 12.3.1.4; and

(B) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with 

the particular change and are otherwise creditable.

(i) For the purposes of calculating increases and decreases under paragraph (1)(B) of this definition, 

baseline actual emissions prior to the contemporaneous project shall be determined as provided in the 

definition of baseline actual emissions, except that 

paragraphs (1)(D) and (2)(E) of that definition shall 

not apply.

(ii) For the purposes of calculating increases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions, except as provided in paragraph (1)(E) 

of this definition.

(iii) For the purposes of calculating increases under paragraph (1)(B) of this definition, if the Control Officer 

determines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to paragraph (a)(1) of 

Section 12.3.2, actual emissions after the contem-
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poraneous project shall be determined as provided 

in the definition of projected actual emissions.

(iv) For the purposes of calculating decreases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions.

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs 

between the date five (5) years before construction on the particular change commences and the date that the increase from 

the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if 

the Control Officer has not relied on it in issuing a permit for the 

source under Section 12, or any other regulation approved by 

the Administrator pursuant to 40 CFR Part 51 or 40 CFR Part 

52.21, which permit is in effect when the increase in actual 

emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent 

that:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions;

(B) It is enforceable as a practical matter at and after the time 

that actual construction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any permit under Section 12 or any other regulations approved 

pursuant to 40 CFR Part 51, Subpart I, nor has the state of 

Nevada relied on it in demonstrating attainment or reasonable further progress; and

(D) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase 

from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. 
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Any replacement unit that requires shakedown, or any new 

emissions unit that replaces an existing emissions unit and that 

requires shakedown, becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) 

days.

(bb) "Nonattainment Major New Source Review (NSR) Program" means a 

major source preconstruction permit program that has been approved by the Administrator and incorporated into the Nevada SIP, or 

a program that implements 40 CFR Part 51, Appendix S, Sections I 

through VI. Any permit issued under such a program is a major NSR 

permit.

(cc) "Permanent" means an emission reduction which is federally enforceable for the life of a corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), emission reductions for a 

stationary source are permanent if the reductions are federally enforceable and the reductions occur over the duration of the ERC rule.

(dd) "Potential to Emit (PTE)" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment 

and restrictions on hours of operation or on the types or amounts of 

material combusted, stored, or processed, shall be treated as part of 

its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in 

determining the PTE of a stationary source.

(ee) "Predictive Emissions Monitoring System (PEMS)" means all of the 

equipment necessary to monitor process and control device operational parameters and other information, and calculate and record the 

mass emissions rate on a continuous basis.

(ff) "Prevention of Significant Deterioration (PSD) Permit" means any 

permit that is issued under a major source preconstruction permit 

program that has been approved by the Administrator and incorporated into the Nevada SIP to implement the requirements of Part C, 

Subchapter I of the Act. 

(gg) "Project" means a physical change in, or change in the method of 

operation of, an existing major stationary source.

(hh) "Projected Actual Emissions" means the maximum annual rate, in 

tpy, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (12-month period) 

following the date the unit resumes regular operation after the 
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project, or in any one of the ten (10) years following that date, if the 

project involves increasing the design capacity or PTE of any emissions unit for that regulated NSR pollutant and full utilization of the 

unit would result in a significant emissions increase or a significant 

net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning 

actual construction), the owner or operator of the major stationary source:

(A) Shall consider all relevant information, including, but not 

limited to, historical operational data, the company’s own 

representations, the company’s expected business activity 

and the company’s highest projections of business activity, 

the company’s filings with the county, state or federal regulatory authorities, and compliance plans under these 

AQRs; 

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shutdowns, except emissions from a shutdown associated with 

a malfunction; and

(D) Shall exclude, only for calculating any increase in emissions that results from the particular project, that portion of 

the unit’s emissions following the project that an existing 

unit could have accommodated during the consecutive 24-

month period used to establish the baseline actual emissions and that are also unrelated to the particular project, 

including any increased utilization due to product demand 

growth.

(2) In lieu of using the method set out in paragraphs (1)(A) through 

(1)(D) of this definition, the owner or operator of the major stationary source may elect to use the emissions unit’s PTE in tpy.

(ii) "Regulated NSR Pollutant," for purposes of Section 12.3, means:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Any pollutant for which a National Ambient Air Quality Standard

has been promulgated and any constituents or precursors identified by the Administrator; or

(3) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs (1) or (2) of this definition, pro-
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vided that a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant.

(jj) "Replacement Unit" means an emissions unit for which all the criteria 

listed in paragraphs (1) through (4) of this definition are met. No creditable emission reductions shall be generated from shutting down 

the existing emissions unit that is replaced. The criteria are: 

(1) The emissions unit is a reconstructed unit within the meaning of 

40 CFR 60.15(b)(1), or the emissions unit completely takes the 

place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, 

the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of 

the process unit.

(4) The replaced emissions unit is permanently removed from the

major stationary source, otherwise permanently disabled, or 

permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions 

unit.

(kk) "Secondary Emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source 

or major modification itself. For the purpose of Section 12.3, secondary emissions must be specific, well defined, quantifiable, and impact 

the same general area as the stationary source or modification which 

causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel.

(ll) "Shutdown" means the cessation of operation of any air pollution 

control equipment or process equipment for any purpose except routine phasing out of process equipment.

(mm) "Significant" means, in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of 

emissions that would equal or exceed any of the following rates:

(1) Carbon monoxide: 
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(A) 100 tpy; or

(B) 50 tpy in an area designated nonattainment for CO and 

classified as "serious," and where stationary sources significantly contribute to ambient CO levels as determined 

under regulations issued by EPA pursuant to the Act.

(2) Nitrogen oxides: 40 tpy; 

(3) Sulfur dioxide: 40 tpy; 

(4) Ozone: 

(A) 40 tpy of VOCs; or

(B) 40 tpy of nitrogen oxides, unless EPA has granted a waiver 

for nitrogen oxides emissions under Section 182(f) of the 

Act and the waiver continues to apply.

(5) PM10: 15 tpy; 

(6) PM2.5: 10tpy of direct PM2.5 emissions or 40 tpy of sulfur dioxide 

emissions or 40 tpy of nitrogen dioxide emissions; and

(7) Lead: 0.6 tpy.

(nn) "Significant Emissions Increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

(oo) "Startup" means the setting into operation of any air pollution control 

equipment or process equipment for any purpose except routine 

phasing in of process equipment.

(pp) "Stationary Source" means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

(qq) "Surplus" means an emission reduction that has not been relied on in 

any air quality program related to any SIP, that is not a Nevada SIP 

requirement, that is not a requirement of a state air quality program 

that has been adopted but is not in the Nevada SIP, is not credited in 

any federal reasonable further progress or other milestone demonstration, is not a requirement of a consent decree, is not a requirement of a federal rule that focuses on reducing criteria air pollutants 

or their precursors, and has not already been credited in any other air 

quality program. The purpose of requiring that emissions offsets be 

surplus is to prohibit double-counting of emission reductions.
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(rr) "Temporary Clean Coal Technology Demonstration Project" means a 

Clean Coal Technology Demonstration Project that is operated for a 

period of five (5) years or less, and which complies with the SIP for 

the state in which the project is located and with other requirements 

necessary to attain and maintain the National Ambient Air Quality 

Standards during the project and after it is terminated.

12.3.3 Statewide Compliance

Prior to issuance of an Authority to Construct Permit for a new major stationary source or major modification subject to Section 12.3, the applicant shall 

either demonstrate that each existing major stationary source owned or operated by the applicant in the state of Nevada is in compliance with all applicable emission limitations and standards under the Act or is in compliance 

with an expeditious schedule which is federally enforceable or contained in 

a court decree.

12.3.4 Analysis of Alternatives

Prior to issuance of an Authority to Construct Permit for a new major stationary source or major modification subject to Section 12.3, the applicant shall 

submit an analysis of alternative sites, sizes, production processes, and environmental control techniques for the proposed source that demonstrates, 

to the satisfaction of the Control Officer, that the benefits of the proposed 

source significantly outweigh the environmental and social costs imposed as 

a result of its location, construction, or modification.

12.3.5 Lowest Achievable Emission Rate

12.3.5.1 Applicable Requirements

A major stationary source or major modification shall meet each applicable 

requirement.

12.3.5.2 Permit Requirements to Achieve LAER

An Authority to Construct Permit for a new major stationary source or major 

modification shall contain terms and conditions sufficient to ensure that the 

major stationary source or major modification will achieve LAER in accordance with paragraphs (a) and (b) of Section 12.3.5.2: 

(a) A new major stationary source shall achieve LAER for each regulated NSR pollutant that it would have the potential to emit in significant amounts.

(b) A major modification shall achieve LAER for each regulated NSR pollutant for which it would result in a significant net emissions increase 
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at the stationary source. This requirement applies to each proposed 

emissions unit at which a net emissions increase in the pollutant 

would occur as a result of a physical change, or change in the method of operation, in the emissions unit.

12.3.6 Emissions Offset

12.3.6.1 Sufficiency of Reductions

Prior to issuance of an Authority to Construct Permit for a new major stationary source or major modification, the Control Officer shall make a determination that, by the time the source is to commence operation, sufficient offsetting emissions reductions will be surrendered prior to commencing 

operation, such that allowable emissions from existing sources in the nonattainment area, from new or modified sources which are not major stationary 

sources, and from the proposed source or modification will be sufficiently 

less than total emissions from existing sources prior to the application for 

the offset. At a minimum, this determination requires the applicant to satisfy 

the offset requirements in Section 12.3.6.2. 

12.3.6.2 Offset Methods

Pollutant-specific emissions shall be offset with federally enforceable ERCs 

or with internal emission reductions. 

(a) ERCs from one or more sources may be used, alone or in combination with internal emission reductions, in order to satisfy offset requirements.

(b) Internal emission reductions used to satisfy offset requirements shall 

be governed by Sections 12.3.6.3 through 12.3.6.8 and Section 12.7.

(c) ERCs used to satisfy offset requirements shall be governed by Sections 12.3.6.3 through 12.3.6.6, Section 12.3.6.8, and Section 12.7.

12.3.6.3 Restrictions on Trading Pollutants

(a) Pursuant to the Nevada Revised Statutes, Section 445.B.508 (2)(c), 

purchasing or selling credits of one type of pollutant is prohibited if 

such credits would be used subsequently to produce a different type 

of pollutant. 

(b) For the purposes of satisfying the offset requirements with respect to 

ozone, offsetting of VOC emissions increases with NOX emissions 

decreases, or NOX emissions increases with VOC emissions decreases, shall not be prohibited trading.
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(c) For the purposes of satisfying the offset requirements with respect to 

PM2.5, offsetting of PM2.5 emissions increases with SO2 or NOx emissions decreases, or SO2 or NOx emissions increases with PM2.5 decreases, shall not be prohibited trading.

12.3.6.4 Timing

(a) Internal emission reductions used to satisfy an offset requirement 

must be federally enforceable at the time of issuance of the Authority 

to Construct Permit containing the offset requirements.

(b) Except as provided by paragraph (c) of Section 12.3.6.4, the decrease in actual emissions used to generate ERCs or internal emission reductions must occur by no later than the commencement of 

operation of the new or modified major stationary source. 

(c) Where the new facility is a replacement for a facility that is being shut 

down in order to provide the necessary offsets, the Control Officer 

may allow up to one hundred eighty (180) calendar days for shakedown or commissioning of the new facility before the existing facility 

is required to cease operation.

12.3.6.5 Quantity

The quantity of ERCs or internal emission reductions required to satisfy offset requirements shall be determined in accordance with the following:

(a) The unit of measure for offsets, ERCs, and internal emission reductions shall be tpy. All calculations and transactions shall use emission 

rate values rounded to the nearest one one-hundredth (0.01) tpy.

(b) The quantity of ERCs or internal emission reductions required shall 

be calculated as the product of the amount of increased emissions, 

as determined in accordance with paragraph (c) of Section 12.3.6.5, 

and the offset ratio, as determined in accordance with paragraph (d) 

of Section 12.3.6.5.

(c) The amount of increased emissions shall be determined as follows:

(1) The amount of increased emissions includes fugitive emissions 

in the case of all major stationary sources, including categorical 

sources.

(2) When the offset requirement is triggered by the construction of a 

new major stationary source, the amount of increased emissions shall be the sum of the PTE of all emissions units.
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(3) When the offset requirement is triggered by a major modification 

of an existing major stationary source, the amount of increased 

emissions shall be the sum of the differences between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.

(d) The offset ratio shall be expressed as a ratio of emissions reductions 

to emissions increases. 

(1) The following table contains offset ratios by designated area 

and pollutant.

(2) The ratios listed in Table 12.3-1 shall be applied based on the 

classifications contained in the table for a specific pollutant.

Table 12.3-1. Federal Offset Ratio Requirements by Area Designation and Pollutant

Area Designation Pollutant Offset Ratio

Nonattainment without Designation 

NOX 1:1

VOC 1:1

Serious Nonattainment Area

CO 1:1

PM10 1:1

(e) The major stationary source shall be given credit for any portion of 

the NEI that was previously offset. A pre-modification PTE may only 

include fugitive emissions if the fugitive emissions were included in 

the emissions inventory prior to the modification.

12.3.6.6 Emission Reduction Requirements

Emission reductions used to satisfy an offset requirement shall meet the following requirements: 

(a) Emission reductions used to satisfy offset requirements must be real, 

surplus, permanent, quantifiable, and federally enforceable.

(b) Permitted sources whose internal emission reductions are used to 

satisfy offset requirements must appropriately amend or cancel their 

Authority to Construct Permit and/or Part 70 Operating Permit to reflect their new reduced PTE, including practicably enforceable conditions to limit their PTE. 

(c) Emission reductions used to satisfy offset requirements must be surplus at the time of issuance of the Authority to Construct Permit containing the offset requirements.
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12.3.6.7 Location of Internal Reductions

Internal emission reductions used to satisfy offset requirements shall occur 

at the same major stationary source at which the increase in emissions occurs. Emission reductions not meeting this criterion shall meet the requirements for ERCs prescribed by Section 12.7. 

12.3.6.8 Emission Reduction Credit Requirements

ERCs used to satisfy an offset requirement shall meet the following requirements:

(a) Restrictions on offsetting emissions between airshed regions: 

(1) Except as provided by paragraph (a)(2) of Section 12.3.6.8, offsetting emissions from a source located within an airshed region 

with ERCs from a source located in a different airshed region 

shall not be allowed.

(2) The Control Officer may approve the use of NOX and VOC 

ERCs between airshed regions for the same nonattainment 

area within the Clark County boundary to satisfy NOX and VOC 

offset requirements for that nonattainment area.

(b) The source owner or responsible official utilizing ERCs to satisfy offsets must demonstrate to the satisfaction of the Control Officer that 

such utilization will not significantly cause or contribute to a violation 

of a National Ambient Air Quality Standard or an exceedance of a 

PSD increment identified in Section 12.2.

(c) The use of ERCs shall not provide:

(1) Authority for, or the recognition of, any pre-existing vested right 

to emit any regulated NSR pollutant;

(2) An exemption to a stationary source for emission limitations established in accordance with New Source Performance Standards pursuant to Section 14;

(3) Authority for, or the recognition of, any rights that would be contrary to applicable law; or

(4) An exemption to a stationary source from any other air pollution 

control requirements of federal, state, or county laws, rules, and 

regulations.
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12.3.6.9 ERC Registry

(a) The ERC Registry and its use shall not interfere with the attainment 

or maintenance of any National Ambient Air Quality Standard.

(b) The ERC Registry and its use shall assure that the use of ERCs 

does not contravene applicable requirements of the Act and Nevada 

Revised Statues (NRS) Chapter 445B. 

12.3.7 Source Obligation

12.3.7.1 Enforcement 

Any owner or operator who constructs or operates a source or modification 

not in accordance with the application submitted pursuant to Section 12.3 or 

12.4 and any changes to the application as required by the Control Officer, 

or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subject to Section 12.3 who begins actual 

construction after the effective date of these AQRs without applying for and 

receiving an Authority to Construct Permit, shall be subject to enforcement 

action.

12.3.7.2 Termination

Approval to construct shall terminate if construction is not commenced within eighteen (18) months after receipt of such approval, if construction is discontinued for a period of eighteen (18) months or more, or if construction is 

not completed within a reasonable time. The Control Officer may extend the 

18-month period upon a satisfactory showing of good cause why an extension is justified. This provision does not apply to the time period between 

construction of the approved phases of a phased construction project; each 

phase must commence construction within eighteen (18) months of the projected and approved commencement date.

12.3.7.3 Compliance

Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

12.3.7.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a 

major stationary source or major modification solely by virtue of a relaxation 

in any enforceable limitation which was established after August 7, 1980, on 

the capacity of the stationary source or modification otherwise to emit a pollutant, then the requirements of Sections 12.3.3 through 12.3.7 shall apply 
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to the stationary source or modification as though construction had not yet 

commenced on the stationary source or modification. 

12.3.8 Public Participation

Issuance of an Authority to Construct Permit pursuant to Section 12.3 and 

Section 12.4 shall be subject to the public participation requirements in Section 12.2.16.

12.3.9 Plantwide Applicability Limits (PAL)

12.3.9.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any 

existing major stationary source if the PAL meets the requirements in 

Sections 12.3.9.1 through 12.3.9.15. The term “PAL” shall mean “actuals PAL” throughout Section 12.3.9.

(b) Any physical change in, or change in the method of operation of, a 

major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of Sections 

12.3.9.1 through 12.3.9.14, and complies with the PAL conditions in 

its Part 70 Operating Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the plan’s Nonattainment 

Major NSR Program; and

(3) Is not subject to the provisions in Section 12.3.7.4.

(c) Except as provided under paragraph (b)(3) of Section 12.3.9.1, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice 

requirements that were established prior to the effective date of the 

PAL.

12.3.9.2 Definitions

Unless the context otherwise requires, the following terms shall have the 

meanings set forth below for the purposes of Section 12.3.9. When a term is 

not defined in these paragraphs, it shall have the meaning given in Section 

12.3.2, Section 0, or in the Act.

(a) "Actuals PAL for a major stationary source" means a PAL based on 

the baseline actual emissions of all emissions units at the source that 

emit, or have the potential to emit, the PAL pollutant.
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(b) "Allowable emissions" means allowable emissions as defined in paragraph (b) of Section 12.3.2, except as this definition is modified according to paragraphs (1) and (2) below:

(1) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable 

as a practical matter on the emissions unit’s PTE.

(2) An emissions unit’s PTE shall be determined using the definition 

in paragraph (d)(d) of Section 12.3.2, except that the words “or 

enforceable as a practical matter” should be added after “Federally Enforceable.”

(c) "Major emissions unit" means:

(1) Any emissions unit that emits, or has the potential to emit, 100 

tpy or more of the PAL pollutant in an attainment area; or

(2) Any emissions unit that emits, or has the potential to emit, the 

PAL pollutant in an amount that is equal to or greater than the 

major source threshold for the PAL pollutant as defined by the 

Act for nonattainment areas.

(d) "PAL" means an emission limitation, expressed in tpy, for a pollutant 

at a major stationary source, that is enforceable as a practical matter 

and established source-wide in accordance with Sections 12.3.9.1 

through 12.3.9.15.

(e) "PAL effective date" generally means the date of issuance of the Part 

70 Operating Permit containing the PAL conditions, or the date on 

which a significant permit revision containing the PAL conditions becomes effective. However, the PAL effective date for an increased 

PAL is the date any emissions unit which is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant.

(f) "PAL effective period" means the period beginning with the PAL effective date and ending ten (10) years later.

(g) "PAL major modification" means, notwithstanding the definitions for 

major modification and net emissions increase, any physical change 

in, or change in the method of operation of, the PAL source that 

causes it to emit the PAL pollutant at a level equal to or greater than 

the PAL.

(h) "PAL pollutant" means the pollutant for which a PAL is established at 

a major stationary source.
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(i) “Project” means a physical change in, or change in the method of 

operation of, an existing stationary source.

(j) "Significant emissions unit" means an emissions unit that emits, or 

has the potential to emit, a PAL pollutant in an amount that is equal 

to or greater than the significant level as defined in paragraph (m)(m) 

Section 12.3.2 or in the Act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major 

emissions unit.

(k) "Small emissions unit" means an emissions unit that emits, or has 

the potential to emit, the PAL pollutant in an amount less than the 

significant level as defined in paragraph (m)(m) Section 12.3.2 or in 

the Act, whichever is lower, for that PAL pollutant.

12.3.9.3 Permit Application Requirements

As part of an application for a Part 70 Operating Permit requesting a PAL, 

the owner or operator of a major stationary source shall submit the following 

information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, significant, or major based on their PTE. In addition, the owner or operator 

of the source shall indicate which, if any, federal, state or county applicable requirements, emission limitations, or work practices apply to 

each unit;

(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction;

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total for each month, as required by paragraph (a) of Section 

12.3.9.13.

12.3.9.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary 

source, provided that, at a minimum, the requirements in paragraphs 

(a)(1) through (a)(7) of Section 12.3.9.4 are met.

(1) The PAL shall impose an annual emission limitation, in tpy, that 

is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major 
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stationary source owner or operator shall show that the sum of 

the monthly emissions from each emissions unit under the PAL 

for the previous twelve (12) consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the 

major stationary source owner or operator shall show that the 

sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the 

PAL.

(2) The PAL shall be established in a Part 70 Operating Permit as a 

significant permit revision.

(3) The Part 70 Operating Permit shall contain all the requirements 

of Section 12.3.9.7.

(4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to 

emit the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in Sections 12.3.9.12 through 12.3.9.14 

for each emissions unit under the PAL through the PAL effective 

period.

(b) At no time (during or after the PAL effective period) are emissions 

reductions of a PAL pollutant, which occur during the PAL effective 

period, creditable as decreases for purposes of offsets under Section 

12.3.6 unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the 

absence of the PAL.

12.3.9.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or 

increased through the public participation procedures in Section 12.2.16.

12.3.9.6 Setting the 10-year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.3.9.6, the Actuals 

PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions of the PAL pollutant for each 

emissions unit at the source; plus an amount equal to the applicable 
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significant level for the PAL pollutant under these AQRs or under the 

Act, whichever is lower. When establishing the actuals PAL level for 

a PAL pollutant, only one consecutive 24-month period must be used 

to determine the baseline actual emissions for all existing emissions 

units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. Emissions associated with 

units that were permanently shut down after this 24-month period 

must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tons/yr) in the Part 70 Operating Permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Control 

Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (which does not include modifications to 

existing units) on which actual construction began after the 24-month 

period, in lieu of adding the baseline actual emissions as specified in 

paragraph (a) of Section 12.3.9.6, the emissions must be added to 

the PAL level in an amount equal to the PTE of the units.

12.3.9.7 Part 70 Operating Permits with PALs

Contents of a Part 70 Operating Permit containing a PAL shall include the 

information in paragraphs (a) through (j) of Section 12.3.9.7:

(a) The PAL Pollutant and the applicable source-wide emission limitation 

in tpy;

(b) The effective date and the expiration date of the PAL conditions (PAL 

effective period).

(c) Specification in the permit that if a major stationary source owner or 

operator applies to renew the PAL conditions in accordance with 

Section 12.3.9.9 before the end of the PAL effective period, then the 

PAL conditions shall not expire at the end of the PAL effective period. 

It shall remain in effect until a revised Part 70 Operating Permit is issued by the Control Officer.

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the requirements of Section 12.3.9.9;

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month rolling total, 

as required by paragraph (a) of Section 12.3.9.13;
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(g) A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provisions under 

Section 12.3.9.12;

(h) A requirement to retain the records required under Section 12.3.9.13 

on-site. Such records may be retained in an electronic format;

(i) A requirement to submit the reports required under Section 12.3.9.14 

by the required deadlines; and 

(j) Any other requirements that the Control Officer deems necessary to 

implement and enforce the PAL conditions.

12.3.9.8 PAL Effective Period and Reopening of PAL Conditions

The plan shall require the information in paragraphs (a) and (b) of Section 

12.3.9.8.

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) years from the date of issuance.

(b) Reopening of the PAL conditions in a Part 70 Operating Permit.

(1) During the PAL effective period, the plan shall require the Control Officer to reopen the PAL conditions in a Part 70 Operating 

Permit to:

(A) Correct typographical/calculation errors made in setting the 

PAL, or reflect a more accurate determination of emissions 

used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for 

use as offsets under Section 12.3.6; or 

(C) Revise the PAL to reflect an increase in the PAL as provided under Section 12.3.9.11.

(2) The Control Officer may reopen the PAL conditions in a Part 70 

Operating Permit for the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective 

date.

(B) Reduce the PAL consistent with any other requirement that 

is enforceable as a practical matter, and that the Control 
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Officer may impose on the major stationary source under 

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a reduction is necessary to avoid causing or contributing to a 

National Ambient Air Quality Standard or PSD increment 

violation, or to an adverse impact on an air-quality-related 

value that has been identified for a federal Class I area by 

a Federal Land Manager and for which information is 

available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.3.9.8 for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings 

shall be carried out as significant permit revisions to a Part 70 

Operating Permit.

12.3.9.9 Expiration of a PAL

Any PAL which is not renewed in accordance with the procedures in Section 

12.3.9.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e) of Section 12.3.9.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that existed 

under the PAL shall comply with an allowable emission limitation under a revised Part 70 Operating Permit established according to the 

procedures in paragraphs (a)(1) and (a)(2) of Section 12.3.9.9.

(1) Within the time frame specified for PAL renewals in paragraph 

(b) of Section 12.3.9.10, the major stationary source shall submit a proposed allowable emission limitation for each emissions 

unit (or each group of emissions units, if such a distribution is 

more appropriate as decided by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an 

applicable requirement that became effective during the PAL effective period, as required under paragraph (e) of Section 

12.3.9.10, such distribution shall be made as if the PAL had 

been adjusted.

(2) The Control Officer will decide whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 

Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Control Officer determines is appropriate.
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(b) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve 

the use of monitoring systems other than CEMS, CERMS, PEMS, or 

CPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit 

incorporating allowable limits for each emissions unit, or each group 

of emissions units, as required under paragraph (a)(2) of Section 

12.3.9.9, the source shall continue to comply with a source-wide, 

multi-unit emissions cap equivalent to the level of the PAL emission 

limitation.

(d) Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major NSR 

requirements if such change meets the definition of major modification.

(e) The major stationary source owner or operator shall continue to 

comply with any federal, state or county applicable requirements that 

may have applied either during the PAL effective period or prior to 

the PAL effective period except as provided in paragraph (b)(3) of 

Section 12.3.9.1.

12.3.9.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in Sections 

12.3.9.5 and 12.5 in approving any request to renew the PAL conditions in a Part 70 Operating Permit for a major stationary source, and 

will provide both the proposed PAL level and a written rationale for 

the proposed PAL level to the public for review and comment. During 

such public review, any person may propose a PAL level for the 

source for consideration by the Control Officer.

(b) Application deadline. A major stationary source owner or operator 

shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely 

application is one that is submitted at least six (6) months prior to, but 

not earlier than eighteen (18) months prior to, the date of expiration 

of the Part 70 Operating Permit. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits 

a complete application to renew the PAL conditions in a Part 70 Operating Permit within this time period, then the PAL conditions shall 

continue to be effective until the revised permit with the renewed PAL 

conditions is issued.
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(c) Application Requirements. The application to renew PAL conditions shall be incorporated in the application for renewal of the affected Part 70 Operating Permit and shall contain the information required in paragraphs (c)(1) through (c)(4) of Section 12.3.9.10: 

(1) The information required in paragraphs (a) through (c) of Section 12.3.9.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with 

supporting documentation); and 

(4) Any other information the owner or operator wishes the Control 

Officer to consider in determining the appropriate level for renewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the 

PAL, the Control Officer will consider the options outlined in paragraphs (d)(1) and (d)(2) of Section 12.3.9.10. However, in no case 

may any such adjustment fail to comply with paragraph (d)(3) of Section 12.3.9.10.

(1) If the emissions level calculated in accordance with Section 

12.3.9.5 is equal to or greater than eighty (80) percent of the 

PAL level, the Control Officer may renew the PAL at the same 

level without considering the factors set forth in paragraph (d)(2) 

of Section 12.3.9.10; or

(2) The Control Officer may set the PAL at a level that he determines to be more representative of the source’s baseline actual 

emissions, or that he determines to be appropriate considering 

air quality needs, advances in control technology, anticipated 

economic growth in the area, desire to reward or encourage the 

source’s voluntary emissions reductions, or other factors as 

specifically identified by the Control Officer in his written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 

12.3.9.10:

(A) If the PTE of the major stationary source is less than the 

PAL, the Control Officer shall adjust the PAL to a level no 

greater than the PTE of the source; and

(B) The Control Officer shall not approve renewed PAL level 

higher than the current PAL unless the major stationary 
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source has complied with the provisions of Section 

12.3.9.11.

(e) If the compliance date for a federal or state requirement that applies 

to the PAL source occurs during the PAL effective period, and if the 

Control Officer has not already adjusted for such requirement, the 

PAL shall be adjusted at the time of the affected Part 70 Operating 

Permit is renewed.

12.3.9.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the 

major stationary source complies with the provisions in paragraphs 

(a)(1) through (a)(4) of Section 12.3.9.11.

(1) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL 

limit as a significant revision to the affected Part 70 Operating 

Permit. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major 

stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual 

emissions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions 

units, assuming application of BACT-equivalent controls, plus 

the sum of the allowable emissions of the new or modified 

emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT-equivalent controls on each significant 

or major emissions unit shall be determined by conducting a 

new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a 

BACT or LAER requirement that was established within the preceding ten (10) years. In such a case, the assumed control level 

for that emissions unit shall be equal to the level of BACT or 

LAER with which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit 

pursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.3.9.11, regardless of the magnitude 

of the emissions increase resulting from them. These emissions 

unit(s) shall comply with any emissions requirements resulting 

from the nonattainment Authority to Construct Permit issuance 

process, even though they have also become subject to the 

PAL or continue to be subject to the PAL.
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(4) The PAL conditions in a Part 70 Operating Permit shall require 

that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL significant permit revision 

becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the 

sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT-equivalent controls 

as determined in accordance with paragraph (a)(2) of Section 

12.3.9.11), plus the sum of the baseline actual emissions of the small 

emissions units.

(c) The PAL conditions in a Part 70 Operating Permit shall be revised to 

reflect the increased PAL level pursuant to the public notice requirements of Section 12.3.9.5.

12.3.9.12 Monitoring Requirements for PALs

(a) General requirements.

(1) The PAL conditions in a Part 70 Operating Permit must include 

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the PAL conditions must be based on sound 

science and meet generally acceptable scientific procedures for 

data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL conditions.

(2) The PAL monitoring system must employ one or more of the 

four (4) general monitoring approaches meeting the minimum 

requirements set forth in paragraphs (b)(1) through (b)(4) of 

Section 12.3.9.12 and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.3.9.12, the PAL 

monitoring system may also employ an alternative monitoring 

approach that meets paragraph (a)(1) of Section 12.3.9.12 if 

approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requirements 

of Section 12.3.9.12 renders the PAL invalid.

(b) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring ap-
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proaches when conducted in accordance with the minimum requirements in paragraphs (c) through (i) of Section 12.3.9.12:

(1) Mass balance calculations for activities using coatings or solvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

(c) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities 

using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all 

materials used in or at the emissions unit;

(2) Assume that the emissions unit emits all of the PAL pollutant 

that is contained in or created by any raw material or fuel used 

in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and

(3) Where the vendor of a material or fuel which is used in or at the 

emissions unit publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of 

the range to calculate the PAL pollutant emissions unless the 

Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within 

the range.

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least 

every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to 

monitor PAL pollutant emissions shall meet the following requirements:

(1) The CPMS or PEMS must be based on current site-specific data demonstrating a correlation between the monitored parame-
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ter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at 

least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Officer while the emissions unit is 

operating.

(f) Emission Factors. An owner or operator using emission factors to 

monitor PAL pollutant emissions shall meet the following requirements:

(1) All emission factors shall be adjusted, if appropriate, to account 

for the degree of uncertainty or limitations in the factors’ development;

(2) The emissions unit shall operate within the designated range of 

use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation testing to determine 

a site-specific emission factor within six (6) months of permit issuance unless the Control Officer determines that testing is not 

required.

(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of 

time whenever there is no monitoring data unless another method for 

determining emissions during such periods is specified in the Part 70 

Operating Permit containing the PAL.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of 

Section 12.3.9.12, where an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of 

the emissions unit, the Control Officer shall, at the time of permit issuance:

(1) Establish default value(s) for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 

PAL.
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(i) Revalidation. All data used to establish the PAL pollutant must be 

revalidated through performance testing or other scientifically valid 

means approved by the Control Officer. Such testing must occur at 

least once every five (5) years after issuance of the Part 70 Operating Permit containing the PAL conditions.

12.3.9.13 Recordkeeping Requirements

(a) The PAL conditions shall require an owner or operator to retain a 

copy of all records necessary to determine compliance with any requirement of Section 12.3.9 and of the PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five 

(5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in the Part 70 Operating Permit 

application and any applications for revisions to the Part 70 Operating Permit; and

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance.

12.3.9.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and 

prompt deviation reports to the Control Officer, in accordance with the conditions in the affected Part 70 Operating Permit. The reports shall meet the 

requirements in paragraphs (a) through (c) of Section 12.3.9.14.

(a) Semiannual Report. The semiannual report shall be submitted to 

the Control Officer within thirty (30) days of the end of each reporting 

period. This report shall contain the information required in paragraphs (a)(1) through (a)(7) of Section 12.3.9.14:

(1) The identification of owner and operator and the permit number;

(2) Total annual emissions (in tpy) based on a 12-month rolling total 

for each month in the reporting period. 

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and 

annual PAL pollutant emissions;
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(4) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period;

(5) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and 

span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will 

be fully operational or replaced with another monitoring system, 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by paragraph (g) of Section 12.3.9.12; and 

(7) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(b) Deviation Report. The major stationary source owner or operator 

shall promptly submit reports of any deviations or exceedance of the 

PAL conditions, including periods where no monitoring is available. A 

report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy 

this reporting requirement. The deviation reports shall be submitted 

within the time limits prescribed by the affected Part 70 Operating 

Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was 

exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(c) Revalidation Results. The owner or operator shall submit to the 

Control Officer the results of any revalidation test or method within 

three (3) months after completion of such test or method.

12.3.9.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with 

the requirements in Sections 12.3.9.1 through 12.3.9.15 after the 
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Administrator has approved regulations incorporating these requirements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established 

prior to the date of approval of the Nevada SIP by the Administrator 

with a PAL that complies with the requirements of Sections 12.3.9.1 

through 12.3.9.15.

12.3.10 Potential Visibility Impacts

The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307.

12.3.11 Invalidation

If any provision of Section 12.3, or the application of such provision to any 

person or circumstance, is held invalid, the remainder of Section 12.3, or the 

application of such provision to persons or circumstances other than those 

as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010
Adopted 05-18-10

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SECTION 12.4: AUTHORITY TO CONSTRUCT APPLICATION AND PERMIT

REQUIREMENTS FOR PART 70 SOURCES

12.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70 

SOURCES............................................................................................................ 1

12.4.1 Authority to Construct Permit Required; Duration ................................... 1

12.4.1.1 Commencement of Construction: Timing Requirements......... 1

12.4.2 Definitions ............................................................................................... 1

12.4.2.1 Use of Terms .......................................................................... 1

12.4.3 Authority to Construct Permit for Part 70 Sources .................................. 5

12.4.3.1 Application Submission, Processing and Issuance 

Requirements for Stationary Sources Subject to Sections 

12.2 or 12.3............................................................................. 5

12.4.3.2 Application Submission and Processing Requirements for Part 

70 Sources Not Subject to Section 12.2, Section 12.3, or 

Section 12.4.3.3.................................................................... 11

12.4.3.3 Application Submission and Processing Requirements for 

Construction or Reconstruction of a Part 70 Source Subject to 

a Standard under Sections 112(d), (f), or (h) of the Act (a 

MACT source)....................................................................... 12

12.4.3.4 Authority to Construct Permit Revisions................................ 12

12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain 

Sources................................................................................. 13
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12.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70 

SOURCES

12.4.1 Authority to Construct Permit Required; Duration

12.4.1.1 Commencement of Construction: Timing Requirements

(a) No person shall begin actual construction of a New Part 70 source, 

or modify or reconstruct an existing Part 70 source that falls within

the preconstruction review applicability criteria, without first obtaining 

an Authority to Construct Permit from the Control Officer.

(b) If a person commences the construction, modification, or reconstruction of a Part 70 source within eighteen (18) months after the date of 

issuance of an Authority to Construct Permit and construction is not 

discontinued for a period greater than twelve (12) months, and provided that a timely and complete Part 70 Operating Permit application is submitted pursuant to Section 12.5.2.1, the Authority to 

Construct Permit shall remain in effect until a Part 70 Operating Permit is granted or denied, or the modification or reconstruction is incorporated into a Part 70 Operating Permit through a permit revision.

(c) Notwithstanding the provisions of paragraph (b) of Section 12.4.1.1, if 

an existing Part 70 Operating Permit would prohibit such construction 

or change in operation, the source must obtain a Part 70 permit revision pursuant to Section 12.5.2.14 before commencing operation.

12.4.2 Definitions

12.4.2.1 Use of Terms

The following definitions apply to terms used in Section 12.4. Unless the 

context requires otherwise, the following terms shall have the meanings set 

forth for the purposes of Section 12.4. When a term is not defined, it shall 

have the meaning provided in Section 0, 40 CFR 70.2, the Act, or common 

usage, in that order of priority.

(a) “Existing Part 70 source” means a Part 70 source that either has a 

valid Part 70 Operating Permit issued prior to the effective date of 

Section 12.4 or has an application for a Part 70 Operating Permit 

deemed complete prior to the effective date of Section 12.4.

(b) “Minor NSR significant levels” means an increase in the potential to 

emit that equals or exceeds the following rates for the pollutants 

listed:
Adopted 05-18-10

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Type of Air Pollutant Potential to Emit (tpy)

PM2.5 , directly emitted 5.0

PM10 7.5

CO 50

VOC 20

NOx 20

SO2 20

Lead (Pb) 0.6

H2S 5

Total Reduced Sulfur (including H2S) 5

(c) "Modification" or "Modify" means a project which meets any of the 

preconstruction review applicability criteria in paragraph (e) of Section 12.4.2.1 or that requires a minor or significant permit revision 

pursuant to Section 12.5.2.14.

(d) “New Part 70 source” means a Part 70 source that is not an existing 

Part 70 source.

(e) “Preconstruction review applicability criteria” means any of the following: 

(1) At an existing major stationary source, a project that will result 

in a “major modification” as defined in Sections 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70 

source that is subject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other requirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, 

including, but not limited to, construction or reconstruction that 

requires preconstruction review under 40 CFR § 63.5; or

(5) For a solid waste incineration unit, a project that will result in a 

modification for purposes of Section 129(g)(3) of the Act.

(f) “Project” means a physical change in, or change in the method of 

operation of, a major stationary source.

For purposes of this definition, a physical change or change in the 

method of operation shall not include:

(1) Routine maintenance, repair and replacement.
Adopted 05-18-10

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12.4-3

(2) Use of an alternative fuel or raw material by reason of any order 

under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) 

or by reason of a natural gas curtailment plan pursuant to the 

Federal Power Act.

(3) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source 

which:

(A) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under 

any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 

or under regulations approved pursuant to 40 CFR Part 51 

Subpart I; or

(B) The source is approved to use under any permit issued 

under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I.

(6) An increase in the hours of operation or in the production rate, 

unless such change would be prohibited under any federally enforceable permit condition which was established after January 

6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 51.166. 

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project, provided that the 

project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the 

national ambient air quality standards during the project 

and after it is terminated.

(9) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided 

that the project does not result in an increase in the potential to 
Adopted 05-18-10

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12.4-4

emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(10) The reactivation of a very clean coal-fired electric utility steam 

generating unit.

(g) “Responsible official” means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business 

function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized 

representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit 

and either:

(A) The operating facilities employ more than 250 persons or 

have gross annual sales or expenditures exceeding $25 

million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is approved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a 

principal executive officer or ranking elected official. For the 

purposes of this definition, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of 

the agency; or 

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2, 

insofar as actions, standards, requirements, or prohibitions 

under Title IV of the Act, “Acid Deposition Control,” or the 

regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other 

purposes under Section 12.4.
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12.4.3 Authority to Construct Permit for Part 70 Sources 

12.4.3.1 Application Submission, Processing and Issuance Requirements for 

Stationary Sources Subject to Sections 12.2 or 12.3

(a) Application Requirements

An application for an Authority to Construct Permit shall be submitted 

on a form provided by the Control Officer. The application shall contain the following information related to the construction or project:

(1) A description of all emissions of regulated air pollutants from all 

affected emissions units and a projected operating schedule for 

each emissions unit;

(2) An identification and a description of all points of emissions and 

a process description of all activities, including design capacity, 

which may generate emissions of the regulated air pollutants 

described pursuant to paragraph (a)(1) of Section 12.4.3.1 in 

sufficient detail to establish the basis for the applicability of 

standards and fees;

(3) The emission rates of all regulated air pollutants, including fugitive emission rates. The emission rates must be described in 

tons per year and for such shorter-term averages as are necessary to establish compliance using the applicable standard reference test method or other methodology specified in paragraph 

(a)(7) of Section 12.4.3.1;

(4) A description of any new or modified air pollution control equipment to be operated at the stationary source;

(5) The calculations on which the information described in Section 

12.4.3.1 are based, including a fuel description and specifications;

(6) Citations to and a description of all applicable requirements;

(7) The applicable test method or other methodology used for determining compliance with each applicable requirement;

(8) A control technology demonstration for RACT shall be submitted 

for a modification to an existing Part 70 source that requires an

Authority to Construct Permit because: (i) the modification will 

increase the source’s potential to emit by an amount that is 

greater than the minor NSR significant level in paragraph (b) of 

Section 12.4.2.1; and (ii) a control technology demonstration is

not otherwise required by Section 12.2 or 12.3.The control tech-
Adopted 05-18-10

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12.4-6

nology demonstration shall only apply to the pollutant exceeding 

the minor NSR significant level. The application shall describe 

how RACT was determined and how compliance with RACT is 

to be measured, including, if applicable, material usage limits, 

performance testing and continuous emissions monitoring. 

(9) If applicable, a description of how performance testing will be 

conducted, including test methods and a general description of 

testing protocols;

(10) If applicable, the information necessary to establish a basic design parameter;

(11) If applicable, a description of how the permittee proposes to 

comply with the compliance assurance monitoring requirements 

in 40 CFR Part 64, including a plan describing how the applicant 

will comply with the monitoring design criteria in 40 CFR 64.3; 

and

(12) If any information or data in the application is proposed to be 

treated as confidential, a demonstration of compliance with the 

Certification of Confidentiality procedures in Section 12.6.1.

(13) If the applicant wishes to be subject to the enhanced public participation procedures in Section 12.2.16.6, a declaration to that 

effect.

(b) Additional Application Requirements for Sources Subject to 

Section 12.2 (Major Source PSD) 

If the new or modified Part 70 source is subject to the Prevention of 

Significant Deterioration preconstruction review provisions of Section 

12.2, the application shall also contain the following:

(1) The control technology review required by Section 12.2.9;

(2) The source impact analysis required by Section 12.2.10;

(3) The air quality analysis required by Section 12.2.12;

(4) The source information required by Section 12.2.13;

(5) The additional impact analyses required by Section 12.2.14; and

(6) Any other information that the Control Officer determines is necessary to process the application in accordance with Section 

12.2 or Section 12.3.
Adopted 05-18-10

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(c) Additional Application Requirements For Sources Subject to 

Section 12.3 (Major Source Nonattainment NSR) 

If the new or modified Part 70 source is subject to the nonattainment 

area preconstruction review provisions of Section 12.3, the application shall also contain the following:

(1) The statewide compliance demonstration required by Section 

12.3.3;

(2) The alternatives analysis required by Section 12.3.4;

(3) The LAER demonstration and draft permit conditions required to 

ensure compliance with LAER required by Section 12.3.5.2;

(4) An air impact analysis including dispersion modeling;

(5) The information necessary to demonstrate that the applicant 

has satisfied or will satisfy the emissions offset requirements in 

Section 12.3.6; and

(6) Any other information that the Control Officer determines is necessary to process the application in accordance with Section 

12.2 or Section 12.3.

(d) Application Processing Procedures 

Any application for a new or modified Part 70 source subject to paragraph (a) of Section 12.4.3.1 shall be processed in accordance with 

the following procedures:

(1) Within one hundred (100) days after the date of receipt of an 

application for an Authority to Construct Permit, the Control Officer shall determine if the application is complete. If substantial 

additional information is required, the Control Officer shall determine that the application is incomplete and return the application to the applicant. If substantial additional information is not 

required, the Control Officer shall determine the application to 

be complete.

Unless the Control Officer determines that the application is incomplete within one hundred (100) days after the date of receipt 

of the application, the official date of submittal of the application 

shall be deemed to be the date on which the Control Officer determines that the application is complete or the 101st day after 

the date of receipt, whichever is earlier. Within one year after

the date the application is determined to be complete, the Con-
Adopted 05-18-10

CC Air Quality Regulations

12.4-8

trol Officer shall initiate the public participation procedures in 

Section 12.2.16.

(2) If, after the date the application is determined to be complete, 

the Control Officer discovers that additional information is required to act on the application, the Control Officer may request 

additional information necessary to determine whether the proposed project will comply with all of the applicable requirements 

set forth in Section 12.2 or Section 12.3, as applicable. The applicant must provide in writing any additional information that the 

Control Officer requests within the time specified in the written 

request of the Control Officer. Any delay in the submittal of the 

requested information may result in a corresponding delay in the 

action of the Control Officer on the application or a determination of incompleteness.

(e) Permit Content 

An Authority to Construct Permit issued pursuant to Section 12.4 

shall contain each of the following conditions:

(1) The permittee shall retain records of all required monitoring and 

performance demonstration data and supporting information for 

five (5) years after the date of the sample collection, measurement, report, or analysis. Supporting information includes all 

records regarding calibration and maintenance of the monitoring 

equipment, all original strip-chart recordings for continuous 

monitoring instrumentation, and if applicable, all other records 

required to be maintained pursuant to 40 CFR 64.9(b).

(2) Each of the conditions and requirements of the permit is severable and, if any are held invalid, the remaining conditions and 

requirements continue in effect;

(3) The permittee shall comply with all conditions contained in the 

permit. Any noncompliance constitutes a violation and is 

grounds for:

(A) An action for noncompliance;

(B) Revocation and reissuance or the termination of the permit 

by the Control Officer; or

(C) The reopening or revising of the permit by the permittee as 

directed by the Control Officer.
Adopted 05-18-10

CC Air Quality Regulations

12.4-9

(4) The need to halt or reduce activity to maintain compliance with 

the conditions of the permit is not a defense to noncompliance 

with any condition of the permit;

(5) The Control Officer may revise, revoke and reissue, reopen and 

revise, or terminate the permit for cause;

(6) The permit does not convey any property rights or any exclusive 

privilege;

(7) The permittee shall provide the Control Officer, within a reasonable time, with any information that the Control Officer requests 

in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to determine 

compliance with the conditions of the permit. Upon request, the 

permittee shall also furnish to the Control Officer copies of 

records required to be kept by the permit or, for information 

claimed to be confidential, the permittee may furnish such 

records directly to the Administrator along with a claim of confidentiality;

(8) The permittee shall allow the Control Officer, or any authorized 

representative of the Control Officer, upon presentation of credentials, to enter the permittee’s premises where the source is 

located or emissions related activity is conducted and to:

(A) Have access to and copy, during normal business hours, 

any records that are kept pursuant to the conditions of the 

permit;

(B) Inspect any facilities, equipment (including monitoring and 

air pollution control equipment), practices, or operations 

regulated or required under the permit;

(C) Sample or monitor, substances or parameters to determine 

compliance with the conditions of the permit or applicable 

requirements; and

(D) Document alleged violations using devices such as cameras or video equipment.

(9) A responsible official of the source shall certify that, based on 

information and belief formed after a reasonable inquiry, the 

statements made in any document required to be submitted by 

any condition of the permit are true, accurate, and complete;
Adopted 05-18-10

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(10) The permit must contain:

(A) All applicable requirements, emission limits, and standards, provided, however, that applicable requirements 

that are not required by the Act or implementing federal 

regulations, and that are not in the Nevada SIP, may be included in the permit but shall be specifically designated as 

being not federally enforceable and not enforceable by a 

citizen's suit pursuant to the Act, and shall be designated 

as “county only requirements.” Terms and conditions so 

designated are not subject to the requirements that apply 

to permit review by EPA and affected states;

(B) Monitoring, recordkeeping, and reporting requirements sufficient to meet the requirements of 40 CFR Part 64 or paragraph (d) of Section 12.5.2.6, as deemed necessary by 

the Control Officer;

(C) Such other conditions as necessary to demonstrate compliance with the requirements in Section 12.2 or Section 

12.3 for construction, subject to those sections.

(11) The permittee shall maintain documentation of the records required by paragraph (a) of Section 12.2.1.6 or paragraph (a) of 

Section 12.3.1.6, if applicable.

(12) The permittee shall report start of construction, construction interruptions exceeding nine (9) months, and completion of construction. The report shall be given to the Control Officer not 

later than fifteen (15) working days after occurrence of the 

event;

(13) The permittee shall provide written notification of the actual date 

of commencing operation, received by the Control Officer, within 

fifteen (15) calendar days after such date;

(14) The permittee shall provide separate written notification for 

commencing operation for each unit of phased construction, 

which may involve a series of units commencing operation at 

different times; 

(15) A source that is a new Part 70 source or a major modification to 

an existing Part 70 source shall, within sixty (60) days after 

achieving the maximum rate of production of the new source or 

modification, but not later than one hundred eighty (180) days 

after commencing operation, conduct performance tests and 

furnish the Control Officer a written report of the results of the 

tests. The Control Officer may require such testing to occur 
Adopted 05-18-10

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12.4-11

sooner than the 180 day limit if there are adequate grounds to 

do so. The performance tests required by the Authority to Construct Permit shall be conducted in accordance with the applicable test method and Section 12.8; and

(16) The permittee shall post the permit in a location which is clearly 

visible and accessible to the facility’s employees and representatives of the department.

(17) The permittee shall pay all fees assessed pursuant to Section 18.

12.4.3.2 Application Submission and Processing Requirements for Part 70 

Sources Not Subject to Section 12.2, Section 12.3, or Section 12.4.3.3

(a) In order to obtain an Authority to Construct Permit, the owner or operator of a proposed new Part 70 source that is not subject to Section 

12.2 or Section 12.3, or the owner or operator of an existing Part 70 

source proposing a modification that increases the source’s potential 

to emit by an amount equal to or greater than the minor NSR significant level in paragraph (b) of Section 12.4.2.1, but that is not a major 

modification under Section 12.2 or Section 12.3, shall submit an application on a form prescribed by the Control Officer.

(1) The application shall contain the information specified in paragraph (a) of Section 12.4.3.1 and a “Control Technology Review” that meets the requirements of Section 12.2.9, except that 

Reasonably Available Control Technology (RACT) shall be the 

technology standard instead of Best Available Control Technology. The applicant shall also include a demonstration that the 

new Part 70 source or modification does not cause an exceedance of the ambient air quality standards in Section 11 or an exceedance of ambient air increments specified in Section 12.2.3.

(2) The determination of completeness and the procedures for 

processing the application shall be those in paragraph (d) of 

Section 12.4.3.1.

(3) The public participation procedures specified in Section 12.1.5.3 

shall apply to a permit revision processed under Section 

12.4.3.2(a).

(4) The contents of the Authority to Construct Permit issued pursuant to Section 12.4.3.2(a) shall be those in Section 

12.4.3.1(e).

(b) In order to obtain an Authority to Construct Permit, the owner or operator of an existing Part 70 source that is proposing a modification 

that increases the source’s potential to emit by an amount less than 
Adopted 05-18-10

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the minor NSR significance level in paragraph (b) of Section 12.4.2.1 

shall comply with the minor revision process listed in Section 

12.5.2.14, including the application procedures listed in paragraph 

(a)(3) of Section 12.5.2.14. 

12.4.3.3 Application Submission and Processing Requirements for Construction or Reconstruction of a Part 70 Source Subject to a Standard under 

Sections 112(d), (f), or (h) of the Act (a MACT source)

In addition to any other applicable application requirements in Section 12.4, 

if a new Part 70 source, or the reconstruction of an existing Part 70 source 

that creates a “new affected source” or “reconstructed affected source” that 

is a major source under 40 CFR Part 63, the owner or operator shall comply 

with the application requirements under 40 CFR 63.5 and paragraph (a) of 

Section 12.4.3.1. The Authority to Construct Permit for such source shall 

comply with the requirements in 40 CFR 63.5(e).

12.4.3.4 Authority to Construct Permit Revisions

(a) An Authority to Construct Permit shall only be revised administratively or as a significant permit revision.

(1) An administrative permit revision is a permit revision that:

(A) Corrects typographical errors;

(B) Identifies a change in the name, address, or phone number 

of any person identified in the permit, or provides a similar 

minor administrative change;

(C) Requires more frequent monitoring or reporting by the 

permittee;

(D) Allows for a change in ownership or operational control of 

a source where the Control Officer determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of 

permit responsibility, coverage, and liability between the 

current and new permittee has been submitted to the Control Officer and the permit transfer procedures specified in 

Section 12.12 are complied with; or

(E) Incorporates any other type of change which the Administrator has determined to be similar to those in paragraphs 

(a)(1)(A) through (a)(1)(D) of Section 12.4.3.4.

(2) An administrative permit revision may be made by the Control 

Officer consistent with the following:
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12.4-13

(A) The Control Officer shall take no more than thirty (30) days 

from receipt of a request for an administrative permit revision to take final action on such request, and may incorporate the revision without providing notice to the public or 

affected states provided that the revised permit designates 

any such permit revisions as having been made pursuant 

to Section 12.4.3.4.

(B) The Control Officer shall provide a copy of the revised 

permit to the Administrator.

(C) The source may implement the changes addressed in the 

request for an administrative revision immediately upon 

submittal of the request. However, if the Control Officer determines that the change does not qualify as an administrative revision, the source may be subject to enforcement 

proceedings for violation of any existing permit terms and 

conditions.

(3) A significant permit revision to an Authority to Construct Permit 

is any revision to the permit that is not an administrative permit 

revision.

(A) A significant permit revision shall be subject to the same 

application, determination of completeness, processing 

procedures, public participation, notification, and timetables as the original Authority to Construct Permit, except 

that the scope of the procedures shall be limited to the revision and issues relevant to that revision and the procedures specified in paragraphs (c) and (d) of Section 

12.5.2.18 do not apply.

(b) From and after the date of commencing operation, an Authority to 

Construct Permit shall only be revised pursuant to the procedures for 

revising a Part 70 Operating Permit in Sections 12.5.2.13 and 

12.5.4.14.

12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain Sources

Administrative permit revisions to permit conditions governed by the Federal 

Clean Air Act Title IV Acid Rain Program shall comply with 40 CFR Part 72, 

as incorporated by reference in Section 21.

History: Adopted May 18, 2010
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CC Air Quality Regulations

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SECTION 12.5: PART 70 OPERATING PERMIT REQUIREMENTS

12.5 PART 70 OPERATING PERMIT REQUIREMENTS ....................................... 1

12.5.1 Definitions ....................................................................................................... 1

12.5.2 Part 70 Operating Permit Requirements ......................................................... 4

12.5.2.1 Permit Applications: Timely and Complete Applications ............ 4

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application6

12.5.2.3 Permit Applications: Standard Requirements ............................ 7

12.5.2.4 Permit Applications: Certification ............................................. 10

12.5.2.5 Permit Applications: Insignificant Activities and Emissions...... 10

12.5.2.6 Permit Content: Standard Requirements ................................. 14

12.5.2.7 Permit Content: Federally Enforceable Requirements............. 21

12.5.2.8 Permit Content: Compliance Requirements............................. 21

12.5.2.9 Permit Content: Permit Shield.................................................. 23

12.5.2.10 Permit Issuance: Action on Application.................................... 24

12.5.2.11 Permit Renewal and Expiration................................................ 25

12.5.2.12 Permit Revision: Changes that Do Not Require a Permit 

Revision................................................................................... 26

12.5.2.13 Permit Revision: Administrative Permit Revision ..................... 27

12.5.2.14 Permit Revisions: Minor and Significant .................................. 28

12.5.2.15 Permit Revision: Reopening for Cause.................................... 32

12.5.2.16 Permit Revision: Reopenings for Cause by EPA ..................... 33

12.5.2.17 Public Participation .................................................................. 34

12.5.2.18 Permit Review by EPA and Affected States ............................ 35

12.5.2.19 Temporary Sources ................................................................. 37

12.5.2.20 Part 70 General Permit ............................................................ 37
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12.5 PART 70 OPERATING PERMIT REQUIREMENTS 

12.5.1 Definitions

The following definitions apply to defined terms used in Section 12.5. Unless 

the context requires otherwise, the following terms shall have the meanings 

set forth for the purposes of Section 12.5. When a term is not defined, it 

shall have the meaning provided in Section 0, Section 12.4, 40 CFR 70.2, 

the Act, or common usage, in that order of priority.

(a) “Deviation” means a variation from any permit terms, including terms 

that establish emission limitations, operating conditions, or work 

practice standards, and those terms intended to show compliance 

with those limitations, conditions, or standards, including monitoring, 

recordkeeping, and reporting requirements. A deviation is not necessarily a violation.

(b) “Exempt Source” means that the following source categories are exempted from the obligation to obtain a Part 70 Operating Permit:

(1) Any source that has obtained a voluntarily accepted emission 

limit, pursuant to Section 12.1.7, to avoid having to obtain a Part 

70 Operating Permit, unless a Part 70 Operating Permit is required by some other provision or requirement of the Act;

(2) Any source that would be required to obtain a permit solely because it is subject to Section 14.1(b)(62) of these AQRs, “Standards of Performance for New Residential Wood Heaters” (40 

CFR 60.530, Subpart AAA); or 

(3) Any source that would be required to obtain a permit solely because it is subject to Section 13.1(b)(8) of these AQRs, “Emission Standard for Asbestos” (40 CFR 61.145, Subpart M). 

(c) “Existing Part 70 source” means a Part 70 source that either has a 

valid Part 70 Operating Permit issued prior to the effective date of 

Section 12.5 or has an application for a Part 70 Operating Permit 

deemed complete prior to the effective date of Section 12.5.

(d) “Minor NSR significant levels” means an increase in the potential to 

emit that would equal or exceed the following rates for the pollutants 

listed:

Type of Air Pollutant Potential to Emit (tpy)

PM2.5, directly emitted 5.0

PM10 7.5

CO 50
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VOC 20

NOx 20

SO2 20

Lead (Pb) 0.6

H2S 5

Total Reduced Sulfur (including H2S) 5

(e) "Modification" or "Modify" means a project which meets any of the 

preconstruction review applicability criteria in paragraph (g) of Section 12.5.1 or that requires a minor or significant permit revision pursuant to Section 12.5.2.14.

(f) “New Part 70 source” means a Part 70 source that is not an existing 

Part 70 source.

(g) “Preconstruction review applicability criteria” means any of the following: 

(1) At an existing major stationary source, a project that will result in 

a major modification as defined in Section 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70 

source that is subject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other requirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, 

including, but not limited to, construction or reconstruction that

requires preconstruction review under 40 CFR 63.5; or

(5) For a solid waste incineration unit, a project that will result in a 

modification for purposes of Section 129(g)(3) of the Act.

(h) “Project” means a physical change in, or change in the method of 

operation of, a major stationary source.

For purposes of this definition, a physical change or change in the 

method of operation shall not include:

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of any order 

under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) 

or by reason of a natural gas curtailment plan pursuant to the 

Federal Power Act.
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(3) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source 

which:

(A) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under 

any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 

or under regulations approved pursuant to 40 CFR Part 51 

Subpart I; or

(B) The source is approved to use under any permit issued 

under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I.

(6) An increase in the hours of operation or in the production rate, 

unless such change would be prohibited under any federally enforceable permit condition which was established after January 

6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I. 

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project, provided that the 

project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the 

national ambient air quality standards during the project 

and after it is terminated.

(9) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided 

that the project does not result in an increase in the potential to 

emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(10) The reactivation of a very clean coal-fired electric utility steam 

generating unit.
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(i) “Responsible official” means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business 

function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized 

representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit 

and either:

(A) The operating facilities employ more than 250 persons or 

have gross annual sales or expenditures exceeding $25 

million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is approved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a 

principal executive officer or ranking elected official. For the 

purposes of this definition, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of 

the agency; or 

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2, 

insofar as actions, standards, requirements, or prohibitions 

under Title IV of the Act, “Acid Deposition Control,” or the 

regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other 

purposes under Section 12.5.

12.5.2 Part 70 Operating Permit Requirements 

12.5.2.1 Permit Applications: Timely and Complete Applications

For each Part 70 source, the owner or operator shall submit a timely and 

complete permit application. A pre-application conference may be held at 

the request of the owner or operator of the Part 70 source to assist a source 

in submitting a complete permit application.

(a) Timely application.
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(1) A timely application for a source applying for a Part 70 Operating Permit for the first time is one that is submitted within twelve 

(12) months after the source becomes subject to the permit program. If a source submits a timely application under this provision, it may continue operating under its Authority to Construct 

Permit until final action is taken on its application for a new Part 

70 Operating Permit.

(2) For purposes of permit renewal, a timely application is a complete application that is submitted at least six (6) months and not 

greater than eighteen (18) months prior to the date of permit expiration. If a source submits a timely application under this provision, it may continue operating under its current Part 70 Operating Permit until final action is taken on its application for a 

renewed Part 70 Operating Permit.

(3) A timely application for an existing Part 70 source that has obtained an Authority to Construct Permit is one that is submitted 

within twelve (12) months after commencing operation of the 

modification or reconstruction authorized by the permit, or on or 

before such earlier date that the Control Officer may establish. 

However, where an existing Part 70 Operating Permit would 

prohibit such construction or change in operation, the source 

must obtain a Part 70 permit revision pursuant to Section 

12.5.2.14 before commencing operation. 

(4) In order to be deemed a timely application, the application must

also meet the complete application provisions listed in paragraph (b) of Section 12.5.2.1. 

(b) Complete application.

(1) To be deemed complete, an application must provide all information necessary to evaluate the subject source and its application and to determine all applicable requirements, including the 

emission rates information required by paragraph (a)(3) of Section 12.4.3.1. Applications for permit revisions need supply only 

such information as is related to the proposed change. A responsible official shall certify the submitted information consistent with Section 12.5.2.4.

(2) Unless the Control Officer notifies the source in writing within 

sixty (60) days of receipt of the application that an application is 

not complete, such application shall be deemed to be complete. 

(3) A completeness determination shall not be required for a minor 

permit revision.
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(4) If, while processing an application that has been determined or 

deemed to be complete, the Control Officer determines that additional information is necessary to evaluate or take final action 

on that application, the Control Officer may request such information in writing and set a reasonable deadline for a response. 

Failure to provide the information requested in a timely manner 

may result in a determination that the application is incomplete.

(5) The submittal of a complete application shall not affect the requirement that any source shall have an Authority to Construct 

Permit issued pursuant to Section 12.4.3 prior to construction.

(c) Area source-specific requirements.

(1) If a regulation promulgated by the administrator under Section 

111 or 112 of the Act (42 U.S.C. 7411 or 7412) requires area 

sources to submit an application for a Part 70 Operating Permit, 

each area source covered by the requirement must submit an 

application in accordance with that regulation.

(d) Confidential Information. Claims of confidentiality as to information 

submitted to EPA shall be made pursuant to applicable federal requirements in 40 CFR Part 2. Claims of confidentiality as to information submitted to the department shall be made pursuant to Section 

12.6. In the case where a source has submitted information to the 

Control Officer under a claim of confidentiality that also must be 

submitted to EPA, the Control Officer shall either submit the information to EPA or require the source to submit a copy of such information directly to EPA.

(e) Late applications. An application submitted after the deadlines established for timeliness shall be accepted for processing, but shall not 

be considered a timely application. Submitting an application shall 

not relieve a source of any enforcement actions resulting from submitting a late application.

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts, or who has submitted 

incorrect information in a permit application, shall, upon becoming aware of 

such failure or incorrect submittal, promptly submit such supplementary 

facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become 

applicable to the source after the date it filed a complete application but 

prior to release of a draft permit. A responsible official shall certify the additional information consistent with the requirements of Section 12.5.2.4.
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12.5.2.3 Permit Applications: Standard Requirements

Information as described below for each emissions unit at a Part 70 source 

shall be included in the application, except for insignificant activities. The 

application shall be submitted on a form provided by the Control Officer.

(a) Identifying information, including company name, company address, 

plant name and address if different from company name and address, owner’s name and agent, and telephone number and name of 

the responsible official, plant site manager, or contact;

(b) A description of the source’s processes and products by Standard 

Industrial Classification Code (SIC) or the North American Industry 

Classification System (NAICS), including any associated with each 

alternate scenario identified by the source;

(c) The following emissions-related information:

(1) The potential to emit of all air pollutants for which the source is 

major, and the potential to emit of all regulated air pollutants, including HAPs, from any emissions unit, except for insignificant 

activities;

(2) Identification and description of all points of emissions described 

in paragraph (c)(1) of Section 12.5.2.3 in sufficient detail to establish the basis for an air impact analysis and applicability of 

applicable requirements;

(3) Emissions rates in tons per year, including fugitive emission 

rates, and in such terms as are necessary to establish compliance with applicable requirements, consistent with the results 

of performance tests conducted pursuant to the source’s Part 70 

Operating Permit or the source’s Authority to Construct Permit, 

whichever is more current;

(4) The following information to the extent it is needed to determine 

or regulate emissions: fuels, fuel use, raw materials, production 

rates, and operating schedules;

(5) Identification and description of air pollution control equipment 

and compliance monitoring devices or activities; and

(6) Limitations on source operation affecting emissions or any work 

practice standards, where applicable, for all regulated air pollutants and HAPs at the Part 70 source.

(d) Other information required by any applicable requirement, including: 
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(1) Information related to stack height limitations developed pursuant to Section 12.2.7.3; and 

(2) The calculations on which the information in paragraphs (c)(1) 

through (c)(6) of Section 12.5.2.3 is based.

(e) The following air pollution control requirements:

(1) Citation and description of all applicable requirements, and

(2) Description of or reference to any applicable test method for determining compliance with each applicable requirement.

(f) Other specific information that may be necessary to implement and 

enforce applicable requirements or to determine the applicability of 

such requirements;

(g) An explanation of any proposed exemptions from otherwise applicable requirements;

(h) If alternative operating scenarios are to be identified in the permit 

pursuant to paragraph (j) of Section 12.5.2.6, such information as is 

necessary for the Control Officer to define those scenarios and determine the applicable requirements for each proposed scenario;

(i) If emissions trading is proposed, the legal authority for the trading 

and a description of the proposed conditions for determining compliance with the trading requirements, including replicable procedures 

that ensure that the emissions trades are quantifiable and enforceable.

(j) A compliance plan that contains all of the following:

(1) A description of the compliance status of the source with respect to all applicable requirements;

(2) A compliance statement and compliance schedule, as follows:

(A) For applicable requirements with which the source is in 

compliance, a statement that the source will continue to 

comply with such requirements;

(B) For applicable requirements that will become effective during the permit term, a statement that the source will meet 

such requirements on a timely basis. A statement that the 

source will meet, in a timely manner, applicable requirements that become effective during the permit term shall 
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satisfy this provision, unless a more detailed schedule is 

expressly required by the applicable requirement; and

(C) A schedule of compliance for any emissions unit at the 

source that will not be in compliance with any applicable 

requirement at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, 

leading to compliance with the applicable requirements. 

This compliance schedule shall resemble and be at least 

as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. 

Any such schedule of compliance shall be supplemental to, 

and shall not sanction noncompliance with, the applicable 

requirements on which it is based.

(3) A schedule for submission of certified progress reports no less 

than every six (6) months for sources required to have a schedule of compliance to remedy a violation.

(4) The compliance plan content requirements specified in paragraphs (j)(1) through (j)(3) of Section 12.5.2.3 shall apply and be 

included in the “acid rain” portion of a compliance plan for a Title 

IV affected source, except as specifically superseded by regulations promulgated under Title IV of the Act, “Acid Deposition 

Control,” with regard to the schedule and methods the source 

will use to achieve compliance with the acid rain emission limitations.

(k) Requirements for compliance certification, including all of the following:

(1) A certification of compliance with all applicable requirements by 

a responsible official consistent with Section 12.5.2.4 of the 

AQRs and Section 114(a)(3) of the Act, “Enhanced Monitoring 

and Compliance Certification”;

(2) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test method; and

(3) A statement indicating the source’s compliance status with any 

applicable enhanced monitoring and compliance certification requirements of the Act. 

(l) For acid rain portions of permit applications and compliance plans, 

submit a current EPA Acid Rain Permit Application or New Unit Exemption form, as applicable.
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(m) If a PAL is requested, the information required by Section 12.2.19 for 

establishing a PAL.

12.5.2.4 Permit Applications: Certification

Any application form, report, or compliance certification submitted pursuant 

to Section 12.5 shall contain certification by a responsible official of truth, 

accuracy, and completeness. This certification, and any other certification 

required under Section 12.5, shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete.

12.5.2.5 Permit Applications: Insignificant Activities and Emissions

An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement.

(a) The following types of activities and emissions units may be presumptively omitted from a permit application for a Part 70 Operating 

Permit. Certain of these listed activities include qualifying statements 

intended to exclude many similar activities:

(1) Combustion emissions from propulsion of mobile sources;

(2) Air-conditioning units used for human comfort that do not have 

applicable requirements under Title VI of the Act;

(3) Ventilating units used for human comfort that do not exhaust air 

pollutants into the ambient air from any manufacturing/industrial 

or commercial process;

(4) Noncommercial food preparation;

(5) Consumer use of office equipment and products, not including 

printing establishments or businesses primarily involved in photographic reproduction;

(6) Janitorial services and consumer use of janitorial products;

(7) Internal combustion engines used for landscaping purposes;

(8) Laundry activities, except for dry-cleaning and steam boilers;

(9) Bathroom/toilet vent emissions;

(10) Emergency (backup) electrical generators at residential locations;
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(11) Tobacco smoking rooms and areas;

(12) Blacksmith forges;

(13) Plant maintenance and upkeep activities (e.g., groundskeeping, 

general repairs, cleaning, painting, welding, plumbing, re-tarring 

roofs, installing insulation, and paving parking lots), provided 

these activities are not conducted as part of a manufacturing 

process, are not related to the source’s primary business activity, and not otherwise triggering a permit revision Cleaning and 

painting activities qualify as insignificant activities if they are not 

subject to VOC or HAP control requirements. Asphalt batch 

plant owners/operators must still get a permit if otherwise required. 

(14) Repair or maintenance shop activities not related to the source’s 

primary business activity, not including emissions from surface 

coating or degreasing (solvent metal cleaning) activities, and not 

otherwise triggering a permit revision;

(15) Portable electrical generators that can be moved by hand from 

one location to another;

(16) Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(17) Brazing, soldering, and welding equipment, and cutting torches 

related to manufacturing and construction activities that do not 

result in emission of HAP metals;

(18) Air compressors and pneumatically operated equipment, including hand tools;

(19) Batteries and battery charging stations, except at battery manufacturing plants;

(20) Storage tanks, vessels, and containers holding or storing liquid 

substances that will not emit any VOCs or HAPs;

(21) Storage tanks, reservoirs, and pumping and handling equipment 

of any size containing soaps, vegetable oil, grease, animal fat, 

and nonvolatile aqueous salt solutions, provided appropriate lids 

and covers are utilized;

(22) Equipment used to mix and package soaps, vegetable oil, 

grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized;
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(23) Drop hammers or hydraulic presses for forging or metalworking;

(24) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering 

cookers, boilers, heating plants, incinerators, and electrical 

power generating equipment;

(25) Vents from continuous emissions monitors and other analyzers;

(26) Natural gas pressure regulator vents, excluding venting at oil 

and gas production facilities;

(27) Hand-held applicator equipment for hot melt adhesives with no 

VOCs in the adhesive formulation;

(28) Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOCs or HAPs;

(29) CO2 lasers, used only on metals and other materials which do 

not emit HAPs in the process;

(30) Consumer use of paper trimmers/binders;

(31) Electric or steam-heated drying ovens and autoclaves, but not 

the emissions from the articles or substances being processed 

in the ovens or autoclaves or the boilers delivering the steam;

(32) Salt baths using nonvolatile salts that do not result in emissions 

of any regulated air pollutants;

(33) Laser trimmers using dust collection to prevent fugitive emissions;

(34) Bench-scale laboratory equipment used for physical or chemical 

analysis, but not lab fume hoods or vents;

(35) Routine calibration and maintenance of laboratory equipment or 

other analytical instruments;

(36) Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis;

(37) Hydraulic and hydrostatic testing equipment;

(38) Environmental chambers not using HAP gases;

(39) Shock chambers;
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(40) Humidity chambers;

(41) Solar simulators;

(42) Fugitive emissions related to movement of passenger vehicles, 

provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is 

submitted;

(43) Process water filtration systems and demineralizers;

(44) Demineralized water tanks and demineralizer vents;

(45) Boiler water treatment operations, not including cooling towers;

(46) Oxygen scavenging (deaeration) of water;

(47) Ozone generators;

(48) Fire suppression systems;

(49) Emergency road flares;

(50) Steam vents and safety relief valves;

(51) Steam leaks;

(52) Steam cleaning operations; and

(53) Steam sterilizers.

(b) Any person may petition the Control Officer for a rule to be adopted 

under the procedures in Section 2 to add an activity or emission unit 

to this list of insignificant activities and emissions which may be excluded from a Part 70 Operating Permit application. The petition shall 

include the following information:

(1) A complete description of the activity or emission to be added to 

the list;

(2) A complete description of all air contaminants that may be emitted by the activity or emission, including emission rate, air pollution control equipment, and calculations used to determine 

emissions; and

(3) An explanation of why the activity or emission should be exempted from the application requirements for an operating permit.
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(c) The Control Officer shall review, on a case-by-case basis, insignificant activities for an individual Part 70 source that are listed in the 

application but do not require a detailed description. No activity with 

the potential to emit greater than two (2) tpy of any criteria pollutant, 

five (5) tpy of a combination of criteria pollutants, five hundred (500) 

pounds per year of any HAP, or one (1) tpy of a combination of HAPs 

shall be eligible to be determined an insignificant activity under Section 12.5.2.5. 

12.5.2.6 Permit Content: Standard Requirements

Each Part 70 Operating Permit shall include the following elements:

(a) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable 

requirements at the time of permit issuance or that become effective 

within the term of the permit:

(1) The permit shall specify, and reference the origin of and authority for, each term or condition, and identify any difference in form 

as compared to the applicable requirement upon which the term

or condition is based.

(2) Where an applicable requirement is more stringent than an applicable requirement of regulations promulgated under Title IV of 

the Act, “Acid Deposition Control,” both provisions shall be incorporated into the permit.

(3) If the Nevada SIP allows a determination of an alternative emissions limit at a Part 70 source, equivalent to that contained in 

the SIP, to be made during the permit issuance, renewal, or significant revision process, and the Control Officer elects to use 

such process, any permit containing such equivalency determination shall contain provisions to ensure that any resulting 

emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

(b) All terms and conditions of any Authority to Construct Permit, to the 

extent that such terms and conditions apply to operations. The permit 

shall identify those terms and conditions and the authority upon 

which they are based, and shall contain a statement that any 

changes to any such terms and conditions must be processed in accordance with the applicable permit revision procedures in Section 

12.4, 12.5.2.13 or 12.5.2.14 and applicable SIP requirements;
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(c) Permit duration. 

(1) The Control Officer shall issue permits for a fixed term of five (5) 

years in the case of “acid rain” sources, and for a term not to 

exceed five (5) years in the case of all other sources. 

(2) Notwithstanding paragraph (c)(1) of Section 12.5.2.6, the Control Officer shall issue permits for solid waste incineration units 

combusting municipal waste and subject to a standard under 

Section 129(e) of the Act shall be issued for a period not to exceed twelve (12) years and shall review such permits at least 

every five (5) years.

(3) A condition or requirement in a Part 70 Operating Permit that incorporates conditions from an Authority to Construct Permit derived from Sections 12.2 or 12.3 requirements shall remain in effect and enforceable after expiration or termination of the Part 

70 Operating Permit in which they are contained;

(d) Monitoring and related recordkeeping and reporting requirements.

(1) Each permit shall contain the following requirements with respect to monitoring:

(A) All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including 40 CFR Part 64, and any other procedures and methods that may be promulgated pursuant to 

Sections 114(a)(3) or 504(b) of the Act. If more than one 

monitoring or testing requirement applies, the permit may 

specify a streamlined set of monitoring or testing provisions provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as 

the monitoring or testing applicable requirements that are 

not included in the permit as a result of such streamlining;

(B) Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring, 

compliance monitoring may consist of recordkeeping designed to serve as monitoring or periodic monitoring sufficient to yield reliable data from the relevant time period 

that are representative of the source’s compliance with the 

permit. Such monitoring requirements shall assure use of 

terms, test methods, units, averaging periods, and other 

statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to 

meet the requirements of this paragraph; and
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(C) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring 

equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all 

applicable recordkeeping requirements and require, where applicable, the following:

(A) Records of required monitoring information that include the 

following:

(i) The date, place as defined in the permit, and time of

sampling or measurements;

(ii) The dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of 

sampling or measurement.

(B) Retention of records of all required monitoring data and 

support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart 

recordings for continuous monitoring instrumentation, and 

copies of all reports required by the permit.

(3) For sources that contain emissions units subject to 40 CFR Part 

64 (Compliance Assurance Monitoring, or CAM), the following 

general terms and conditions shall become terms and conditions of the permit:

(A) The permittee shall install, calibrate, maintain, and operate 

a monitoring system according to the manufacturer’s specifications or other written procedures that provide adequate 

assurance that the system would reasonably be expected 

to function in accordance with the requirements in 40 CFR 

64.7.

(B) At all times, the permittee shall properly maintain the monitoring system, including, but not limited to, maintaining 
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parts if necessary for routine repairs of the monitoring system.

(C) The permittee shall collect data at all required intervals 

during emissions unit operation, except for, as applicable, 

monitoring malfunctions, repairs associated with monitoring malfunctions, and required quality assurance or control 

activities, as follows:

(i) Data recorded during monitoring malfunctions, repairs associated with malfunctions, and required 

quality assurance or control activities shall not be 

used for purposes of CAM.

(ii) The permittee shall maintain records of the beginning date and time, ending date and time, and 

cause (including unknown cause, if applicable) for 

monitoring downtime incidents (other than downtime 

associated with zero and span or other daily calibration checks, if applicable).

(iii) The permittee shall use all data collected during all 

periods other than those identified in paragraph 

(d)(3)(C)(i) of Section 12.5.2.6 in assessing the operation of the control device and associated control 

system.

(iv) A monitoring malfunction is any sudden, infrequent, 

not reasonably preventable failure of the monitoring 

to provide valid data. Monitoring failures caused in 

part by poor maintenance or careless operation are 

not malfunctions and shall be considered deviations.

(D) All incidents of monitoring downtime recorded under paragraph (d)(3)(C)(i) of Section 12.5.2.6 shall be reported pursuant to paragraph (d)(4) of Section 12.5.2.6.

(E) The permittee shall comply with the requirements of an 

approved CAM quality improvement plan, if required by the 

Control Officer.

(4) With respect to reporting, the permit shall incorporate all applicable reporting requirements, including those in 40 CFR 64.9(a), 

if applicable, and require all of the following:

(A) Submittal of reports of any required monitoring every six 

(6) months, or more frequently if specified by an applicable 

requirement or by the Control Officer. All instances of devi-
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ations from permit requirements, including monitoring 

downtime, must be clearly identified in such reports. All 

required monitoring reports submitted must be certified by 

a responsible official pursuant to section 12.5.2.4;

(B) Reporting of deviations from permit requirements, including 

those attributable to malfunction, startup, or shutdown. Deviations shall be reported promptly. All reports of 

deviations shall identify the probable cause of the deviations and any corrective actions or preventative measures 

taken. “Promptly,” for purposes of reporting, shall mean as 

follows:

(i) A deviation caused by excess emissions shall be 

reported according to the requirements of Section 

25.6.1.

(ii) A deviation from a permit requirement that poses a 

potential imminent and substantial danger to public 

health, safety, or the environment, if violated, shall 

be reported according to the requirements of Section 25.6.2; and 

(iii) All other deviations shall be reported within six (6) 

months of the date the permittee first learns of the 

deviation.

(C) Written Report of Deviations. A written report must be 

submitted at the time specified in paragraph (d)(4)(B) of 

Section 12.5.2.6. This form does not provide an exemption 

from reporting all malfunctions or emergencies, which shall 

be reported according to Section 25.6. All deviation reports 

submitted must be certified by a responsible official. 

(5) Claims of confidentiality shall be governed by Section 12.6.

(e) Acid Rain Allowances. For Title IV affected sources, a permit condition prohibiting emissions exceeding any allowances that the source 

lawfully holds under Title IV of the Act or the regulations promulgated 

thereunder:

(1) No permit revision shall be required for increases in emissions 

that are authorized by allowances acquired pursuant to the Acid 

Rain Program, provided that such increases do not require a 

permit revision under any other applicable requirement.

(2) No limit shall be placed on the number of allowances held by 

the source. The source may not, however, use allowances as a 
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defense to noncompliance with any other applicable requirement.

(3) Any such allowance shall be accounted for according to the 

procedures established in regulations promulgated under Title 

IV of the Act.

(f) A severability clause to ensure the continued validity of the various 

permit requirements in the event of a challenge to any portions of the 

permit;

(g) Standard provisions stating the following:

(1) The permittee must comply with all conditions of the Part 70 

Operating Permit. Any permit noncompliance may constitute a 

violation of these AQRs, Nevada law, and the Act, and is 

grounds for any of the following: enforcement action; permit 

termination; revocation and re-issuance; revision; or denial of a 

permit renewal application.

(2) The need to halt or reduce activity is not a defense. It shall not 

be a defense for a permittee in an enforcement action that it 

would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this 

permit.

(3) The permit may be revised, revoked, reopened, and reissued, or 

terminated for cause. The filing of a request by the permittee for 

a permit revision, revocation and re-issuance, or termination, or 

of a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(4) The permit does not convey any property rights of any sort, or 

any exclusive privilege.

(5) The permittee shall furnish to the Control Officer, within a reasonable time, any information that the Control Officer may request in writing to determine whether cause exists for revising, 

revoking and reissuing, or terminating the permit, or to determine compliance with the permit. Upon request, the permittee 

shall also furnish to the Control Officer copies of records required to be kept by the permit or, for information claimed to be 

confidential, the permittee may furnish such records directly to 

the Administrator along with a claim of confidentiality.

(6) On a timely basis, the permittee shall meet all applicable requirements that become effective during the permit term
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(h) Emission Fee. A provision to ensure that the source pays fees consistent with Section 18;

(i) Emissions Programs. A provision stating that no permit revision 

shall be required, under any approved economic incentives, marketable permits, emissions trading, and other similar programs or 

processes, for changes that are provided for in the permit;

(j) Alternative Operating Scenarios. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its 

application as approved by the Control Officer. Such terms and conditions:

(1) Shall require the source, contemporaneously with making a 

change from one operating scenario to another, to record in a 

log at the permitted facility a record of the scenario under which 

it is operating;

(2) Shall extend the permit shield to all terms and conditions under 

each such operating scenario; and

(3) Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of Section 12.5.

(k) Emissions Trading. Terms and conditions, if the permit applicant 

requests them, for the trading of emissions increases and decreases 

in the permitted facility, to the extent that the applicable requirements 

and the Nevada SIP provide for trading such increases and decreases without a case-by-case approval by the Control Officer and the 

trading is necessary solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of any otherwise applicable requirements. Such terms and 

conditions:

(1) Shall include all terms required to determine compliance, including replicable procedures and permit terms that ensure that 

emissions trades are quantifiable and enforceable; 

(2) Shall extend the permit shield to all terms and conditions that allow such increases and decreases in emissions; and

(3) Shall ensure that the terms and conditions meet all applicable 

requirements and that the permitting of affected sources occurs 

in accordance with the deadlines in Title IV of the Act and the 

regulations promulgated thereunder.
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(l) Any application form, report, or compliance certification submitted 

pursuant to these AQRs shall contain certification by a responsible 

official of truth, accuracy, and completeness. This certification and 

any other certification required under this part shall state that, based 

on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete; and

(m) The permit shall specify that any person who has been issued a 

permit under Section 12.5 shall post such permit in a location which 

is clearly visible and accessible to the facility’s employees and representatives of the department.

12.5.2.7 Permit Content: Federally Enforceable Requirements

(a) Except as provided in paragraph (b) of Section 12.5.2.7, all terms 

and conditions in a Part 70 Operating Permit, including any provisions designed to limit a source’s PTE, are enforceable by EPA and 

by citizens pursuant to a citizen's suit filed under the Act.

(b) Notwithstanding paragraph (a) of Section 12.5.2.7, applicable requirements that are not required by the Act or implementing federal 

regulations shall be included in the permit, but shall be specifically 

designated as being not federally enforceable and not enforceable by 

a citizen's suit pursuant to the Act and shall be designated as “county-only requirements.” Terms and conditions so designated are not 

subject to the requirements that apply to permit review by EPA and 

affected states.

(c) The Control Officer shall determine which conditions are “county-only 

requirements” in each Part 70 Operating Permit.

12.5.2.8 Permit Content: Compliance Requirements

All Part 70 Operating Permits shall contain all of the following elements with 

respect to compliance:

(a) Compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms 

and conditions of the permit. Any document, including any report, required to be submitted pursuant to Section 12.5.2 shall contain a certification by a responsible official that meets the requirements of Section 12.5.2.4;

(b) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, 

the permittee shall allow the Control Officer or an authorized repre-
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sentative to enter the permittee’s premises where a Part 70 source is 

located or emissions related activity is conducted and to:

(1) Have access to and copy any records that must be kept under 

the conditions of the permit;

(2) Inspect any facilities, equipment (including monitoring and air 

pollution control equipment), practices, or operations regulated 

or required under the permit;

(3) Sample or monitor substances or parameters for the purpose of 

assuring compliance with the permit or applicable requirements; 

and

(4) Document alleged violations using devices such as cameras or 

video equipment.

(c) A schedule of compliance consistent with paragraph (j) of Section

12.5.2.3 and 40 CFR 70.5(c)(8);

(d) Progress reports consistent with an applicable schedule of compliance to be submitted semiannually, or at a more frequent period if 

specified in the applicable requirement or by the Control Officer. 

Such progress reports shall contain all of the following:

(1) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and

(2) An explanation of why any dates in the schedule of compliance 

were not or will not be met, and any preventive or corrective 

measures adopted.

(e) Requirements for compliance certification with terms and conditions 

contained in the permit, including emission limitations, standards, or 

work practices. Permits shall include all of the following:

(1) Annual submission of compliance certification, or more frequently if specified in the applicable requirement or by the Control Officer;

(2) In accordance with paragraph (d) of Section 12.5.2.6, a means 

for monitoring the compliance of the source with its emission limitations, standards, and work practices;

(3) A requirement that the compliance certification include all of the 

following (provided that the identification of applicable informa-
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tion may reference the permit or previous reports, as applicable):

(A) The identification of each term or condition of the permit 

that is the basis of the certification;

(B) The identification of the methods or other means used by 

the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and means shall include, at a minimum, 

the monitoring and related recordkeeping and reporting requirements described in 40 CFR 70.6(a)(3). If necessary, 

the owner or operator also shall identify any other material 

information that must be included in the certification to 

comply with Section 113(c)(2) of the Act, which prohibits 

knowingly making a false certification or omitting material 

information;

(C) The status of compliance with the terms and conditions of 

the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on 

the method or means designated in paragraph (e)(3)(B) of 

Section 12.5.2.8. The certification shall identify each deviation and take it into account in the compliance certification. 

The certification shall also identify, as possible exceptions 

to compliance, any periods during which compliance is required and in which an excursion or exceedance (as defined under 40 CFR Part 64) occurred; and 

(D) Such other facts as the Control Officer may require to determine the compliance status of the source.

(4) A requirement that all compliance certifications be submitted to 

EPA as well as to the Control Officer.

(f) Such additional requirements as may be specified pursuant to Section 114(a)(3) of the Act, “Enhanced Monitoring and Compliance Certification,” and Section 504(b) of the Act, “Monitoring and Analysis.”

12.5.2.9 Permit Content: Permit Shield

(a) Except as otherwise provided in Section 12.5.2.9, the Control Officer 

may include in each Part 70 Operating Permit a permit shield provision stating that compliance with the conditions of the permit shall be 

deemed compliance with any applicable requirements as of the date 

of permit issuance, provided that:
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(1) Such applicable requirements are included and are specifically 

identified in the permit; or

(2) The Control Officer, in acting on the permit application or revision, determines in writing that other requirements specifically 

identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.

(b) A Part 70 Operating Permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.

(c) Nothing in this paragraph or in any operating permit shall alter or affect any of the following:

(1) The provisions of Section 303 of the Act, “Emergency Orders,” 

including the authority of the Administrator under that section;

(2) The applicable requirements of the Acid Rain Program, consistent with Section 408(a) of the Act; 

(3) The ability of the Control Officer to obtain information from a 

source, and the ability of EPA to obtain information from a 

source, under Section 114 of the Act, “Inspection, Monitoring, 

and Entry”; and

(4) The liability of an owner or operator of a source for any violation 

of applicable requirements prior to or at the time of permit issuance.

12.5.2.10 Permit Issuance: Action on Application

(a) A permit, permit revision, or renewal may be approved only if all of 

the following conditions have been met:

(1) The Control Officer has received a complete application for a 

permit, permit revision, or permit renewal, except that a complete application need not be received before a Part 70 general 

permit is issued pursuant to Section 12.5.2.20;

(2) Except for revisions qualifying as administrative or minor permit 

revisions under Section 12.5.2.13 or paragraphs (a) and (b) of 

Section 12.5.2.14, the Control Officer has complied with the applicable requirements for public participation in Section 

12.5.2.17; 

(3) The Control Officer has complied with the requirements for notifying and responding to EPA and affected states under paragraph (b) of Section 12.5.2.18;
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(4) The conditions of the permit provide for compliance with all applicable requirements and the requirements of Section 12.5; and

(5) EPA has received a copy of the proposed permit or permit revision and any notices required under paragraphs (a) and (b) of 

Section 12.5.2.18, and has not objected to issuance of the permit under paragraph (c) of Section 12.5.2.18 within the time period specified therein.

(b) Except as provided under regulations promulgated under Title IV of 

the Act for the permitting of Title IV affected sources under the Acid 

Rain Program, the Control Officer shall take final action on each 

permit application, including a request for permit revision or renewal, 

within eighteen (18) months after receiving a complete application.

(c) The Control Officer shall provide a statement that sets forth the legal 

and factual basis for the draft permit conditions, including references 

to the applicable statutory or regulatory provisions or conditions in an 

applicable Authority to Construct Permit. The Control Officer shall 

send this statement to EPA along with each proposed Part 70 Operating Permit and to any other person who requests it.

(d) Upon issuance of a Part 70 Operating Permit or revision to that permit, any Authority to Construct Permit issued for an emissions unit 

subject to that permit or revision is terminated for that emissions unit. 

However, the terms and conditions of the Authority to Construct 

Permit remain in effect, in accordance with paragraph (b) of Section 

12.5.2.6.

(e) The submittal of a complete application shall not affect the requirement that any source have a preconstruction permit under Title I of 

the Act.

12.5.2.11 Permit Renewal and Expiration

(a) Permits being renewed are subject to the same procedural requirements, including those for public participation and affected state and 

EPA review, that apply to initial permit issuance.

(b) Permit expiration terminates the source’s right to operate unless a 

timely and complete renewal application has been submitted.

(c) If a timely and complete renewal application is submitted and the 

Control Officer fails to issue or deny the renewal permit before the 

end of the term of the current permit, then all of the terms and conditions of the current permit, including the permit shield, shall remain in 

effect until renewal or denial.
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(d) Except as provided in paragraph (b) of Section 12.5.2.12 and paragraphs (a) and (b) of Section 12.5.2.14, no Part 70 source may operate after the time that it is required to submit a timely and complete 

application under Section 12.5.2 except in compliance with a permit 

issued thereunder. If a Part 70 source submits a timely and complete 

application for permit issuance (including for renewal), the source’s 

failure to have a Part 70 Operating Permit is not a violation of Section 

12.5 until the Control Officer takes final action on the permit application. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by the deadline 

specified in writing by the Control Officer, any additional information 

identified as being needed to process the application.

12.5.2.12 Permit Revision: Changes that Do Not Require a Permit Revision

(a) A Part 70 source may make changes that are not addressed or prohibited by the permit without a permit revision, unless such changes 

are subject to any requirements under Title IV of the Act or are modifications under any provisions of Title I of the Act. 

(1) Each such change shall meet all applicable requirements and 

shall not violate any existing permit term or condition.

(2) Sources must provide at least seven (7) days’ written notice to 

the Control Officer and EPA of each such change, except for 

changes that qualify as insignificant under Section 12.5.2.5. 

Such written notice shall describe each such change, including 

the date, any change in emissions, pollutants emitted, and any 

applicable requirements that would apply as a result of the 

change.

(3) The change shall not qualify for a permit shield.

(4) The permittee shall keep a record describing changes made at 

the source that result in emissions of a regulated air pollutant 

subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those 

changes.

(b) A Part 70 source may make changes without requiring a permit revision if the changes are defined as Section 502(b)(10) changes under 

the Act, are not modifications under any provisions of Title I of the 

Act, and do not exceed the emissions allowable under the permit 

(whether expressed in the permit as a rate of emissions or in terms of 

total emissions). For each such change, the written notification required by paragraph (a)(2) of Section 12.5.2.12 shall apply. The 

change shall not qualify for a permit shield. 
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12.5.2.13 Permit Revision: Administrative Permit Revision

(a) An administrative permit revision is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a change in the name, address, or phone number of 

any person identified in the permit, or provides a similar minor 

administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a 

source if the Control Officer determines that no other change in 

the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has 

been submitted to the Control Officer and the permit transfer 

procedures in Section 12.12 have been complied with;

(5) Incorporates into the permit the terms and conditions of an Authority to Construct Permit for a modification if the terms and 

conditions were subject to the procedures prescribed by Section 

12.2.16.6; or

(6) Incorporates into the permit the terms and conditions in an Authority to Construct Permit issued pursuant to Sections 12.4.3.3 

or 12.4.3.4 if the terms and conditions were adopted under the 

procedures prescribed by Section 12.2.16.6.

(b) Administrative permit revisions for purposes of the “acid rain” portion 

of the permit shall be governed by regulations promulgated under 

Title IV of the Act.

(c) Administrative Permit Revisions Procedures. An administrative 

permit revision may be made by the Control Officer consistent with 

the following:

(1) The Control Officer shall take no more than sixty (60) days from 

receipt of a request for an administrative permit revision to take 

final action on such request, and may incorporate such changes 

without providing notice to the public or affected states, provided 

that the Control Officer designates any such permit revisions as 

having been made pursuant to an administrative permit revision. 

(2) The Control Officer shall submit a copy of the revised permit to 

EPA.
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(d) The source may implement the changes addressed in the request for 

an administrative revision immediately upon submittal of the request.

(e) The Control Officer shall, upon taking final action for an administrative permit revision, allow coverage by the permit shield for administrative permit revisions made pursuant to paragraph (a)(5) of Section 

12.5.2.13 which meet the relevant requirements of paragraph (c) of 

Section 12.5.2.13 and paragraph (c) of Section 12.5.2.14 for significant permit revisions.

12.5.2.14 Permit Revisions: Minor and Significant 

A significant permit revision is any revision to a Part 70 Operating Permit 

that cannot be accomplished under the Section 12.5.2.14 provisions for minor or administrative permit revisions. Any permit revision for purposes of 

the “acid rain” portion of the permit shall be governed by regulations promulgated by the Administrator under Title IV of the Act and shall require a 

significant permit revision.

(a) Minor Permit Revision Procedures.

(1) Criteria. Minor permit revision procedures may be used only for 

those permit revisions that:

(A) Do not violate any applicable requirement, including any 

provision of the Nevada SIP (including specific control 

strategies);

(B) Do not involve significant changes to existing monitoring, 

reporting, or recordkeeping requirements in the permit;

(C) Do not require or change a case-by-case determination of 

an emission limitation or other standard, or a sourcespecific determination for temporary sources of ambient 

impacts, or a visibility or increment analysis;

(D) Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement, and that the source has assumed to 

avoid an applicable requirement to which the source would 

otherwise be subject. Such term or condition would include 

a federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title 

I of the Act, or an alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of 

the Act, “Early Reduction”;
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(E) Are not modifications under any provision of Title I of the 

Act; and

(F) Are not modifications subject to paragraph (a)(8) of Section 

12.4.3.1.

(2) Emissions Trading. Minor permit revision procedures may be 

used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar 

approaches, to the extent that such minor Part 70 Operating 

Permit revision procedures are explicitly provided for in the Nevada SIP or an applicable requirement.

(3) Application. A permittee shall submit a standard application 

form provided by the department requesting a minor permit revision. The form shall include all of the following:

(A) A description of the change, the emissions resulting from 

the change, and any new applicable requirements that will 

apply if the change occurs;

(B) The source’s suggested draft minor permit revision language;

(C) Certification by a responsible official that the proposed revision meets the criteria for a minor permit revision; and 

(D) The information the Control Officer needs in order to notify 

EPA and affected states.

(4) EPA and Affected State Notification. Within five (5) working 

days of receipt of a complete minor permit revision application, 

the Control Officer shall notify EPA and affected states of the 

requested permit revision.

(5) Timetable for Approval. The Control Officer may not issue a 

final permit revision approval until after EPA’s 45-day review period or until EPA has notified the Control Officer that EPA will 

not object to issuance of the permit revision, whichever is first. 

Within ninety (90) days of the Control Officer’s receipt of a complete application under minor permit revision procedures or fifteen (15) days after the end of EPA’s 45-day review period under this paragraph, whichever is later, the Control Officer shall:

(A) Issue the permit revision as proposed;

(B) Deny the permit revision;
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(C) Determine that the requested revision does not meet the 

minor permit revision criteria and should be reviewed under the significant revision procedures; or

(D) Revise the draft minor permit revision and transmit to EPA 

the new proposed revision. Transmittal to EPA initiates the 

approval process described in paragraph (a) of Section 

12.5.2.18.

(6) Source’s Ability to Make a Change. A Part 70 source may 

make the change proposed in its minor permit revision application thirty (30) days after it files such application. After the 

source makes the change allowed by the preceding sentence, 

and until the Control Officer takes any of the actions specified in 

paragraphs (a)(5)(A) through (a)(5)(D) of Section 12.5.2.14, the 

source must comply with both the applicable requirements 

promulgated by EPA governing the change and the proposed 

permit terms and conditions. During this time period, the source 

need not comply with the existing permit terms and conditions it 

seeks to modify. However, if the source fails to comply with its 

proposed permit terms and conditions during this time period, 

the existing permit terms and conditions it seeks to modify may 

be enforced against it.

(7) Permit Shield. A permit shield shall not extend to minor permit 

revisions. 

(b) Group Processing of Minor Permit Revisions. Consistent with this 

paragraph, the Control Officer may modify the procedure outlined in 

paragraph (a) of Section 12.5.2.14 to process groups of a source’s 

applications for certain modifications eligible for minor permit revision 

processing.

(1) Criteria. Group processing of modifications may be used only 

for those permit revisions:

(A) That are minor permit revisions; and

(B) That collectively are below the following threshold levels: 

ten (10) percent of the emissions allowed by the permit for 

the emissions unit for which the change is requested, 

twenty (20) percent of the applicable definition of major 

stationary source in Sections 12.2, 12.3, and 12.5, or five 

(5) tpy, whichever is less.

(2) Application. An application requesting the use of group 

processing procedures shall include the following:
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(A) A description of the change, the emissions resulting from 

the change, and any new applicable requirements that 

will apply if the change occurs;

(B) The source’s suggested draft permit revision language;

(C) Certification by a responsible official that the proposed 

revision meets the criteria for use of group processing 

procedures, and a request that such procedures be used;

(D) A list of the source’s other pending applications awaiting 

group processing, and a determination of whether the requested revision, aggregated with these other applications, equals or exceeds the threshold set under paragraph (b)(1)(B) of Section 12.5.2.14;

(E) Certification that the source has notified EPA of the proposed revision. Such notification need only contain a brief 

description of the requested revision; and

(F) Completed forms for the Control Officer to use to notify 

EPA and affected states of the revisions for which group 

processing is sought.

(3) EPA and Affected State Notification. On a quarterly basis or 

within five (5) business days of receipt of an application demonstrating that the aggregate of a source’s pending applications 

equals or exceeds the threshold level set under paragraph 

(b)(1)(B) of Section 12.5.2.14, whichever is earlier, the Control 

Officer shall notify EPA and affected states of the requested 

permit revisions.

(4) Timetable for Issuance. The provisions of paragraph (a)(5) of 

Section 12.5.2.14 shall apply to modifications eligible for group 

processing, except that the Control Officer shall take one of the 

specified actions within one hundred eighty (180) days of receipt 

of the application or fifteen (15) days after the end of EPA’s 45-

day review period under paragraph (c) of Section 12.5.2.18, 

whichever is later.

(5) Source’s Ability to Make a Change. The provisions of paragraph (a)(6) of Section 12.5.2.14 shall apply to modifications eligible for group processing.

(6) Permit Shield. Revisions eligible for group processing shall not 

be entitled to the permit shield.
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(c) Significant Permit Revision Procedures.

(1) Criteria. Significant permit revision procedures shall be used for 

applications requesting permit modifications that do not qualify 

as minor permit revisions or as administrative permit revisions, 

including the creation of a PAL pursuant to Section 12.2.19. At a 

minimum, every significant change in existing monitoring permit 

terms or conditions, and every relaxation of reporting or recordkeeping permit terms or conditions, shall be considered significant. Nothing herein shall be construed to preclude the permittee from making changes consistent with this part that would 

render existing permit compliance terms and conditions irrelevant.

(2) Significant permit revisions shall meet all requirements for issuance and renewal of a Part 70 Operating Permit under Sections 12.5.2.10 and 12.5.2.11, including those for applications, 

public participation, review by affected states, and review by 

EPA, as they apply to permit issuance and permit renewal. The 

Control Officer shall complete review on the majority of significant permit revisions within nine (9) months after receipt of a 

complete application.

12.5.2.15 Permit Revision: Reopening for Cause

(a) Each Part 70 Operating Permit shall include provisions specifying the 

conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under 

any of the following circumstances:

(1) New applicable requirements become applicable to a Part 70 

source that is a major stationary source under Section 12.2, 

Section 12.3, or 40 CFR 70.3(a)(1) with a remaining permit term 

of three (3) or more years. Such a reopening shall be completed 

not later than eighteen (18) months after promulgation of the 

applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which 

the permit is due to expire unless the original permit or its terms 

and conditions has been extended pursuant to paragraph (c) of 

Section 12.5.2.11;

(2) Additional requirements (including excess emissions requirements) become applicable to an affected source under the Acid 

Rain Program. Upon approval by the Administrator, excess 

emissions offset plans shall be deemed to be incorporated into 

the permit;
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(3) The Control Officer or EPA determines that the permit contains 

a material mistake or that inaccurate statements were made in 

establishing the emissions standards or other terms or conditions of the permit; or 

(4) The Administrator or the Control Officer determines that the 

permit must be revised or revoked to assure compliance with 

the applicable requirements.

(b) PAL conditions are to be revised under Section 12.3.9.8 or paragraph (b) of Section 12.2.19.8

(c) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance, and shall affect only those 

parts of the permit for which cause to reopen exists. Such reopening 

shall be made as expeditiously as practicable.

(d) Reopenings under paragraph (a)(1) of Section 12.5.2.15 shall not be 

initiated before a notice of such intent is provided to the source by 

the Control Officer at least thirty (30) days in advance of the date that 

the permit is to be reopened, except that the Control Officer may provide a shorter time period in the case of an emergency.

12.5.2.16 Permit Revision: Reopenings for Cause by EPA

(a) The Control Officer shall, within ninety (90) days after receipt of notification that EPA finds that cause exists to terminate, revise, or revoke and reissue a permit, forward to EPA a proposed determination 

of termination, revision, or revocation and reissuance, as appropriate. 

The Control Officer may request a 90-day extension if a new or revised permit application is necessary or if the Control Officer determines that the permittee must submit additional information.

(b) The Administrator will review the proposed determination from the 

permitting authority within ninety (90) days of receipt.

(c) The Control Officer shall have ninety (90) days from receipt of an 

EPA objection to resolve the objection and to terminate, revise, or revoke and reissue the permit in accordance with the Administrator’s 

objection.

(d) If the Control Officer fails to submit a proposed determination pursuant to paragraph (a) of Section 12.5.2.16, or fails to resolve the 

Administrator’s objection pursuant to paragraph (b) of Section 

12.5.2.16, the Administrator will terminate, modify, or revoke and 

reissue the permit after taking the following actions:
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12.5-34

(1) Providing at least thirty (30) days’ notice to the permittee in writing of the reasons for any such action. This notice may be given 

during the procedures in paragraphs (a) through (c) of Section 

12.5.2.16; and 

(2) Providing the permittee an opportunity for comment on the Administrator’s proposed action and an opportunity for a hearing.

12.5.2.17 Public Participation

The Control Officer shall provide for public notice, comment, and an opportunity for a hearing on initial permit issuance, significant revisions, reopenings for cause, and renewals in accordance with the following procedures.

(a) Notice shall be given by publication in a newspaper of general circulation in the area where the source is located; to persons on a mailing list developed by the Control Officer, including those who request 

in writing to be on the list; and by other means if necessary to assure 

adequate notice to the affected public.

(b) The notice shall identify the Part 70 source; the name and address of 

the permittee; the activity or activities involved in the permit action; 

the emissions change involved in any permit revision; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit 

draft, the application, all relevant supporting materials (including any 

compliance plan or compliance and monitoring certifications), and all 

other materials available to the Control Officer that are relevant to the 

permit decision; a brief description of the comment procedures; and 

the time and place of any hearing that may be held, including a 

statement of procedures to request a hearing, unless a hearing has 

already been scheduled.

(c) The Control Officer shall provide such notice and opportunity for participation by affected states as provided for by Section 12.5.2.18.

(d) Timing. The Control Officer shall provide at least thirty (30) days for 

public comment and shall give notice of any public hearing at least 

thirty (30) days in advance of the hearing.

(e) The Control Officer shall keep a record of the commenters and also 

of the issues raised during the public participation process, and such 

records shall be available to the public and to EPA.
Adopted 05-18-10

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12.5.2.18 Permit Review by EPA and Affected States

(a) Transmission of Information to EPA.

(1) The Control Officer shall provide to EPA a copy of each permit 

application, including any application for permit revision, each 

proposed permit, and each final operating permit, unless the 

Administrator has waived this requirement for a category of 

sources, including any class, type, or size within such category. 

The applicant may be required by the Control Officer to provide 

a copy of the permit application, including the compliance plan, 

directly to EPA. Upon agreement with EPA, the Control Officer 

may submit to EPA a permit application summary form and any 

relevant portion of the permit application and compliance plan, 

in place of the complete permit application and compliance plan. 

To the extent practicable, the preceding information shall be 

provided in a computer-readable format compatible with EPA’s 

national database management system.

(2) The Control Officer shall keep for five (5) years such records 

and submit to EPA such information as EPA may reasonably 

require to ascertain whether the Operating Permit Program 

complies with the requirements of the Act or of 40 CFR Part 70.

(b) Review by Affected States

(1) The Control Officer shall give notice of each draft permit to any 

affected state on or before the time that the Control Officer provides this notice to the public under paragraph (a) of Section 

12.5.2.17, except to the extent that paragraphs (a) or (b) of Section 12.5.2.14 requires the timing of the notice to be different.

(2) The Control Officer, as part of the submittal of the proposed 

permit to EPA, or as soon as possible after the submittal for minor permit revision application, shall notify EPA and any affected state in writing of any refusal by the Control Officer to accept all recommendations for the proposed permit that the 

affected state submitted during the public or affected state review period. The notice shall include the Control Officer’s reasons for not accepting any such recommendation. The Control 

Officer is not required to accept recommendations that are not 

based on applicable requirements or the provisions of Section 

12.5.2.

(c) EPA Objection

(1) If EPA objects to the issuance of a permit in writing within fortyfive (45) days of receipt of the proposed permit and all neces-
Adopted 05-18-10

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12.5-36

sary supporting information, then the Control Officer shall not issue the permit. 

(2) Failure of the Control Officer to do any of the following shall 

constitute grounds for an objection by EPA:

(A) Comply with paragraph (a) or (b) of Section 12.5.2.18;

(B) Submit any information necessary to adequately review the 

proposed permit; or

(C) Process the permit under the procedures in Section 

12.5.2.17.

(3) If the Control Officer fails, within ninety (90) days after the date 

of an objection by EPA, to revise and submit a proposed permit 

in response to the objection, EPA may issue or deny the permit 

in accordance with the requirements of the federal program 

promulgated under 40 CFR Part 71.

(d) Public Petitions to EPA. If EPA does not object in writing under paragraph (c) of Section 12.5.2.18, any person may petition EPA under 

the provisions of 40 CFR 70.8(d) within sixty (60) days after the expiration of EPA’s 45-day review period to make such objection. If EPA 

objects to the permit as a result of a petition, the Control Officer shall 

not issue the permit until EPA’s objection has been resolved, except 

that a petition for review does not stay the effectiveness of a permit 

or its requirements if the permit was issued after the end of the 45-

day review period and prior to an EPA objection. Any such petition 

shall be based only on objections to the permit that were raised with 

reasonable specificity during the public comment period provided for 

in Section 12.5.2.17, unless the petitioner demonstrates that it was 

impracticable to raise such objections within such period, or unless 

the grounds for such objection arose after such period. If the Control 

Officer has issued a permit prior to receipt of an EPA objection under 

this paragraph, EPA may modify, terminate, or revoke such permit 

consistent with the procedures in 40 CFR 70.7(g), except in unusual 

circumstances, and the Control Officer may thereafter issue only a 

revised permit that satisfies EPA’s objection. In any case, the source 

will not be in violation of the requirement to have submitted a timely 

and complete application.

(e) Prohibition on Default Issuance. The Control Officer shall not issue 

an operating permit, including a permit renewal or revision, until affected states and EPA have had an opportunity to review the proposed permit as required under Section 12.5.2.18.
Adopted 05-18-10

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12.5.2.19 Temporary Sources

(a) The Control Officer may issue a single permit authorizing emissions 

from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one (1) change of location during the term of the permit. No acid rain source or a source subject to the provisions of 

Section 112 of the Act shall be permitted as a temporary source. 

Permits for temporary sources shall include the following:

(1) Conditions that will assure compliance with all applicable requirements at all authorized locations;

(2) Requirements that the owner or operator notify the Control Officer at least ten (10) days in advance of each change in location; and

(3) Conditions that assure compliance with all other provisions of 

Section 12.

12.5.2.20 Part 70 General Permit

(a) The Control Officer may, after notice and opportunity for public participation provided under 40 CFR Part 70.7(h), issue a Part 70 general 

permit covering numerous similar Part 70 sources.

(b) Any general permit shall comply with all requirements applicable to 

other Part 70 Operating Permits and shall identify criteria by which 

sources may qualify for the general permit. To sources that qualify, 

the Control Officer shall grant the conditions and terms of the general 

permit. Notwithstanding the shield provisions of Section 12.5.2.9, the 

source shall be subject to enforcement action for operation without a 

Part 70 Operating Permit if the source is later determined not to qualify for the conditions and terms of the general permit. General permits shall not be authorized for affected sources under the Acid Rain 

Program unless otherwise provided in regulations under Title IV of 

the Act.

(c) Part 70 sources that would qualify for a general permit must apply to 

the Control Officer for coverage under the terms of the general permit, or must apply for an individual Part 70 Operating Permit. The 

Control Officer may, in the general permit, provide for applications 

which deviate from the requirements of Section 12.5.2.3, provided 

that such applications meet the requirements of Section 12.5.2.20 

and include all information necessary to determine qualification of, 

and to assure compliance with, the general permit. Without repeating 

the public participation procedures required under Section 12.5.2.17, 

the Control Officer may grant a source’s request for authorization to 
Adopted 05-18-10

CC Air Quality Regulations

12.5-38

operate under a general permit, but such a grant shall not be a final 

permit action for purposes of judicial review.

(d) If the Administrator does not object within forty-five (45) days after 

receiving a proposed Part 70 general permit which covers stationary 

Sources that would otherwise be required to apply for individual Part 

70 Operating Permits, the general permit becomes effective at the 

end of the 45-day period. If the Administrator objects to the general 

permit, the Part 70 general permit becomes effective only when the 

objection is resolved.

(e) After the effective date of a Part 70 general permit, the owner or operator of any stationary source that meets the criteria set forth in the 

Part 70 general permit may request authority to operate under the 

Part 70 general permit. The request must be in writing and must include all information required by the Part 70 general permit.

History: Adopted May 18, 2010
Adopted 05-18-10

CC Air Quality Regulations

12.6-i

SECTION 12.6: CONFIDENTIALITY

12.6 Confidentiality.................................................................................................. 1

12.6.1 Certification of Confidentiality.......................................................................... 1

12.6.2 Control Officer’s Action on a Claim of Confidentiality ...................................... 1

12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal........... 2

12.6.4 Limitation of this Regulation ............................................................................ 2
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12.6-1

12.6 Confidentiality

Information obtained by the Control Officer either in performance of the Control 

Officer’s duties under these AQRs or submitted by a business or individual 

pursuant to these AQRs, shall be public information unless otherwise designated 

as confidential pursuant to NRS 445B.570 and Section 12.6.

12.6.1 Certification of Confidentiality

A business or individual submitting information to the Control Officer or with 

regard to information obtained by the Control Officer may provide a 

Certification of Confidentiality in writing that the information is confidential. 

Such certification shall include:

(a) A clear identification of the information claimed as confidential 

including a stamped or typed legend or other notice employing 

language such as “confidential” or “proprietary.” Confidential 

information contained in an otherwise non-confidential document 

shall be submitted separately.

(b) A justification for the claim of confidentiality with specific reference to 

the criterion in NRS 445B.570(6) on which the claim is based and the 

facts supporting the position that the criterion has been met.

12.6.2 Control Officer’s Action on a Claim of Confidentiality

Within thirty (30) days of receipt of a Certification of Confidentiality, the 

Control Officer shall provide written notice by certified mail to the business 

or individual submitting the Certification that:

(a) The certification is verified and approved; or

(b) The certification is denied in whole or in part.

The notice shall state the basis for the determination, that it constitutes final 

action by the Control Officer on the Certification, and that the Control Officer 

will make information that has not been certified as confidential available to 

the public in accordance with Nevada public records law unless, within 

twenty (20) calendar days after receipt of the denial, the business or 

individual files a notice of appeal and petitions the Clark County Air Pollution 

Control Hearing Board in writing for a hearing to determine whether the 

Control Officer properly determined that the information was not confidential 

information. As applicable, Section 7 of these AQRs shall govern the 

appeals process. 
Adopted 05-18-10

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12.6-2

12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal

(a) Upon the submission of a Certification of Confidentiality in 

accordance with Section 12.6.1, the information for which a 

Certification has been sought shall not be made available to the 

public until the Control Officer has denied the Certification in whole or 

in part and the appeal period has run.

(b) Upon the filing of a timely appeal, the information for which a 

Certification of Confidentiality has been sought shall not be made 

available to the public until the Hearing Board renders a decision 

determining that the denial of certification was proper. 

12.6.4 Limitation of this Regulation

Nothing in Section 12.6 shall be construed as limiting the disclosure of 

information to the public under the provisions of NRS 445B.570(2), (3), and 

(4).

History: Adopted May 18, 2010
Adopted 05-18-10

CC Air Quality Regulations

12.7-i

SECTION 12.7: EMISSION REDUCTION CREDITS

12.7 Emission Reduction Credits (ERCs) ............................................................... 1

12.7.1 Applicability ..................................................................................................... 1

12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System .................. 1

12.7.3 Procedures for Processing an ERC Application.............................................. 2

12.7.4 Limits on the Use of ERCs .............................................................................. 4

12.7.5 Criteria for Granting ERCs .............................................................................. 5

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs............. 7

12.7.7 ERC Transfer Requirements........................................................................... 8

12.7.8 Procedures for Redeeming ERCs ................................................................... 9

12.7.9 Additional Control Officer Authority Related to ERCs.................................... 10

12.7.10 ERC Reciprocity............................................................................................ 11
Adopted 05-18-10

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12.7-1

12.7 Emission Reduction Credits (ERCs)

12.7.1 Applicability

(a) Section 12.7 provides for the creation, banking, trading, and use of 

ERCs. This section applies to the following:

(1) A stationary source with a federally enforceable offset requirement;

(2) A stationary source with a federally enforceable permit that contains requirements associated with ERCs; and

(3) Any party involved with the trading of ERCs.

(b) The Control Officer may allow the issuance, trading, use, redemption 

or banking of eligible ERCs for CO, PM10, VOC, and NOX in accordance with the limitations set forth in this section.

(c) ERCs earned pursuant to this section are a privilege and do not constitute an interest in property or create any contractual rights.

12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System

(a) The Control Officer shall establish and maintain an ERC Registry to 

record and track all ERC and offset requirement transactions. 

(b) The ERC Registry established by the Control Officer shall be accessible to the public and shall contain the following information for all

ERC and offset requirement transactions:

(1) The owner’s name;

(2) The project that generated the ERCs;

(3) The pollutant; and

(4) The quantity of ERCs.

(c) The ERC Registry shall not contain information that has been 

deemed confidential pursuant to Section 12.6 and Nevada Revised 

Statutes Chapters 239 and 445B.

(d) When an ERC is recorded in the ERC Registry under the owner’s 

account, it is banked. When an ERC is redeemed to satisfy a stationary source’s offset requirement, the ERC is no longer banked because it is expended and no longer available for use.
Adopted 05-18-10

CC Air Quality Regulations

12.7-2

12.7.3 Procedures for Processing an ERC Application

(a) An application for generating an ERC pursuant to this section shall 

be submitted to the Control Officer. The applicant shall use the current ERC application form, as provided by the department. Such application must be signed by the stationary source owner, operator or 

responsible official and the applicant must pay a non-refundable application fee at time of submittal pursuant to these AQRs.

(b) An ERC application must be submitted to the Control Officer within 

the following time limits; otherwise, the ERC application shall be 

invalid:

(1) For a source with a partial shutdown, the application must be 

submitted within one hundred and eighty (180) calendar days after the date of issuance of the revised federally enforceable 

permit containing the conditions associated with a partial shutdown that generated the emission reductions for the requested 

ERCs;

(2) For a source with a full (source wide) shutdown, the application 

must be submitted within one hundred and eighty (180) calendar 

days after the date of the voluntary termination of the federally 

enforceable permit containing the conditions associated with a 

stationary source shutdown that generated the emission reductions for the requested ERCs;

(3) For a source with a reconfiguration/operational change, the application must be submitted after the stationary source has operated under normal conditions for at least twelve (12) 

consecutive months after the date of issuance of the revised 

federally enforceable permit containing the conditions associated with a change that generated the emission reductions for 

the requested ERCs. The normal operational period shall not include shakedown or phase-in operations; 

(4) For a source with a reconfiguration/operational change and a 

partial shutdown, the application must be submitted after the 

source has operated under normal conditions for at least twelve 

(12) consecutive months after the issuance of the revised federally enforceable permit containing the conditions associated with 

the change and the partial shutdown that generated the emission reductions for the requested ERCs. The normal operational 

period shall not include shakedown or phase-in operations. 

(5) For paragraphs (3) and (4) of Section 12.7.3(b), the application 

must be submitted within five (5) years after the issuance of the 
Adopted 05-18-10

CC Air Quality Regulations

12.7-3

revised federally enforceable permit containing the conditions 

associated with the change that generated the emission reductions for the requested ERCs.

(c) In addition to paragraphs (a) and (b) of Section 12.7.3, an ERC application is eligible for consideration if the following requirements are 

met:

(1) The application must apply to a stationary source;

(2) Emission units associated with the application must be compliant with all permit conditions for all timeframes associated 

with the emission reductions;

(3) Emission reductions must be based on a shutdown, application 

of innovative control technologies, and/or process improvements; and

(4) Emission reductions must be for CO, PM10, VOC, or NOX.

(d) The Control Officer shall determine the completeness of an application submittal within sixty (60) calendar days of receipt of such an 

application. An application shall be deemed complete only when the 

Control Officer has all necessary information to process the application. At a minimum, the applicant shall provide all required information as indicated in the current ERC application form and any 

additional information upon request from the Control Officer. If such 

application is deemed incomplete, then the Control Officer shall request additional information as necessary to determine eligibility of 

such emission reductions.

(e) When the application is deemed complete, the Control Officer shall 

draft a proposed ERC determination of the approvability of the requested ERCs based on the criteria in Section 12.7.5. If the Control 

Officer requires additional information from the applicant during the 

analysis, the Control Officer shall issue an incompleteness letter to 

the applicant to request the additional information. Upon receipt of 

the additional information the Control Officer shall determine if the 

application is complete in accordance with Section 12.7.3(d).

(f) The Control Officer shall provide EPA the proposed final ERC determination for review and comment for a period not to exceed thirty 

(30) calendar days. After the 30-day EPA review and comment period, the Control Officer shall consider any comments received from 

EPA and update the proposed ERC determination, if necessary.
Adopted 05-18-10

CC Air Quality Regulations

12.7-4

(g) Within sixty (60) calendar days after the EPA review and comment 

period, public participation of the proposed ERC determination shall 

be accomplished in accordance with Section 12.7.6.

(h) Within sixty (60) calendar days after the public comment period or after the public hearing, whichever occurs later, the Control Officer 

shall consider all comments received during the public comment period and issue to the applicant a final ERC determination of the approvability of the requested ERCs based on the criteria in Section 

12.7.5. The final ERC determination shall contain, at a minimum the 

following:

(1) The applicant’s information;

(2) The stationary source information;

(3) The quantity and type of ERCs to be approved and issued, if 

any, per specific pollutant;

(4) Any conditions that must be satisfied prior to the ERCs becoming effective;

(5) The decision to approve or disapprove the ERC application, in 

full or in part; and

(6) If ERCs are approved for issuance, the Control Officer shall 

record the issuance transaction in the ERC Registry. The Control Officer shall produce an ERC Credit Balance Summary Report and include the report as an attachment to the final ERC 

determination. 

(i) If the Control Officer does not approve the applicant’s ERC request, 

the applicant may, within twenty (20) calendar days after receipt of 

the final ERC determination, petition the Clark County Air Pollution 

Control Hearing Board in writing for a hearing to determine whether 

the Control Officer properly disapproved the applicant’s ERC request 

based on the approvability criteria in Section 12.7.5. As applicable,

Section 7 of these AQRs shall govern the appeals process.

12.7.4 Limits on the Use of ERCs

The ERC shall not provide or allow: 

(a) Authority for or the recognition of any pre-existing vested right to emit 

any regulated air pollutant; 

(b) Exemption from the RACT, BACT, LAER or any other control requirement pursuant to these AQRs;
Adopted 05-18-10

CC Air Quality Regulations

12.7-5

(c) Dual accounting of emission reductions that have already been included as part of Clark County’s baseline emissions in the Nevada 

SIP;

(d) For emission reductions already required by law;

(e) Authority for or the recognition of any rights that would be contrary to 

applicable law; or

(f) An exemption to a stationary source from any other air pollution control requirements under federal, state or local laws, rules and regulations.

12.7.5 Criteria for Granting ERCs

The Control Officer shall not issue any ERC unless the following requirements are met:

(a) Emission reductions used to generate the ERC shall be real, surplus, 

permanent, quantifiable, and federally enforceable.

(b) A revised federally enforceable Minor Source Permit to Operate or 

Part 70 Operating Permit has been issued which contains practicably 

enforceable conditions to limit the emission unit's PTE to the allowable emissions of the stationary source.

(c) The emissions baseline for determining ERCs for emissions reductions is the emissions limit under the Nevada SIP in effect at the time 

the application for a federally enforceable authority to construct is 

filed, except that the emissions baseline shall be the actual emissions 

of the emissions unit from which the ERC is obtained when:

(1) The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual

emissions of sources located within a designated nonattainment 

area for which the preconstruction review program was adopted; 

or

(2) The Nevada SIP does not contain an emission limitation for that 

emissions unit.

(d) Where the Nevada SIP requires certain equipment controls in lieu of 

an emission limitation (e.g., floating roof tanks for petroleum storage), 

baseline allowable emissions shall be based on actual operating 

conditions for the previous two (2) year period (i.e., actual throughput 

and vapor pressures) in conjunction with the required equipment controls.
Adopted 05-18-10

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12.7-6

(e) ERCs for an emissions reduction shall only be granted to the extent 

that the Control Officer has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51, Subpart I, or it 

has not been relied on in an attainment demonstration or reasonable 

further progress demonstration in a nonattainment area plan.

(f) Stationary sources with existing actual emissions exceeding the allowable emissions specified in the source’s federally enforceable authority to construct or operating permit (whichever is in effect) are not 

eligible to apply for ERCs.

(g) Where a stationary source is subject to both (1) an emission limitation established in a New Source Performance Standard (NSPS) or a 

National Emission Standard for Hazardous Air Pollutants (NESHAPs), (i.e., requirements under Sections 111 and 112, respectively, of the Act); and (2) a different Nevada SIP limitation, the more 

stringent limitation shall be used as the baseline for determining 

ERCS. The difference in emissions between the Nevada SIP and the 

NSPS or NESHAPs for such a stationary source shall not be used as 

a basis for ERCs. However, if a stationary source is not subject to a 

NSPS or NESHAPs emissions limit, for example if its construction 

had commenced prior to the proposal of an NSPS or NESHAPs for 

that source category, ERCs may be granted if the stationary source 

accepts a federally enforceable emission limit that is more stringent 

than the Nevada SIP emission limitation.

(h) Where the emissions limit under the Nevada SIP allows greater 

emissions than the potential to emit of the emissions unit, ERCs shall 

only be creditable for emission reductions below the allowable limit of 

the stationary source and the permitted emissions unit. 

(i) Stationary source shutdowns.

(1) Emissions reductions achieved by shutting down an existing 

source or curtailing production or operating hours below baseline levels may be approved only if the shutdown or curtailment 

occurred after the last day of the base year for the SIP planning 

process. The Control Officer may consider a prior shutdown or 

curtailment to have occurred after the last day of the base year if 

the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from such 

previously shutdown or curtailed emissions units. However, in 

no event will ERCs be approved for shutdowns that occurred 

prior to November 15, 1990.

(2) Emissions reductions achieved by shutting down an existing 

source or curtailing production or operating hours below base-
Adopted 05-18-10

CC Air Quality Regulations

12.7-7

line levels and not meeting the criteria in paragraph (i)(1) of Section 12.7.5 may be used in the absence of an approved attainment demonstration only if the shutdown or curtailment occurred 

on or after the date the new source permit application is filed, or, 

if the applicant can establish that the proposed new source is a 

replacement for the shutdown or curtailed source, and the cutoff 

date provisions of paragraph (i)(1) of Section 12.7.5 are observed.

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs

(a) After receipt of a complete ERC application and issuance of proposed ERC determination, the Control Officer shall publish in a 

newspaper of general circulation within Clark County, Nevada, and 

on the department’s web site a notice of the following items regarding 

the applicant:

(1) Submittal date of the ERC application;

(2) Availability of information;

(3) Availability of review and analysis of the application based on its 

compliance with each applicable regulation;

(4) A summary of the required air pollution controls (if applicable);

(5) A summary of the number and type of ERCs requested and 

whether the Control Officer proposes to approve or disapprove 

the ERC request in whole or in part;

(6) Availability of the proposed ERC determination documents.

(7) Availability of revised federally enforceable authority to construct 

or operating permit conditions (if applicable);

(8) Opportunity for any person to submit written comments on the 

ERC application, relevant information or data and the proposed 

ERC determination.

(b) The applicant shall reimburse DAQEM for all newspaper costs associated with the public notice.

(c) The notice shall indicate that all comments must be submitted to the 

Control Officer in writing within thirty (30) calendar days from the 

publication date of the Notice of Proposed Action.

(d) The notice shall indicate the opportunity for any person to request a 

public hearing. 
Adopted 05-18-10

CC Air Quality Regulations

12.7-8

(e) During the thirty (30) day public comment period specified in Section 

12.7.6(c), any person may petition the Control Officer, in writing, for a 

public hearing. All such petitions shall contain: the petitioner’s name, 

address, daytime telephone number; and comments related to the 

proposed action.

(f) If a proper petition is filed that contains comments related to the proposed action and the Control Officer determines that there is a significant degree of public interest, the Control Officer shall hold a public 

hearing no sooner than thirty (30) days after the date of the Notice of 

Proposed Action but no later than seventy (70) days, after the date of 

the Notice of Proposed Action. In determining if a significant degree 

of public interest exists, the Control Officer shall consider all relevant 

factors, including, but not limited to, the number of petitioners and the 

nature of their concerns as stated in their petitions. 

(g) The petitioner and the applicant shall receive no less than seven (7)

days’ prior written notice of the date and location of the public hearing. Any notice of hearing shall also be posted on the department’s 

website no less than seven (7) days prior to the public hearing.

12.7.7 ERC Transfer Requirements

(a) ERCs may be transferred in whole or in part.

(b) An ERC transfer request shall be limited to two (2) parties, i.e., the 

current owner of the ERCs (transferor) and the transferee.

(c) All applicable Section 18 fees associated with the ERC transfer shall 

be paid in full prior to or upon submission of the ERC transfer request. 

(d) The ERC Credit Balance Summary Report on or after the effective 

date of this section of the AQRs, signed by the Control Officer, shall 

be the sole proof of ownership of ERCs. The ERC Credit Balance 

Summary Report shall be dated; therefore, each ERC Credit Balance 

Summary Report will supersede all previous versions of the report. 

The ERC Credit Balance Summary Report reflects the balance of all 

ERC transactions contained in the registry for the owner.

(e) Only the owner of an ERC, as indicated on the ERC Credit Balance 

Summary Report, may deposit, withdraw, redeem or transfer ERCs.

(f) The owner of ERCs must submit a request to the Control Officer to 

transfer ERCs to another party. To be considered valid, the ERC 

transfer request must:

(1) Be signed and dated by the owner;
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(2) Be on the owner’s letterhead;

(3) Contain the owner’s information: name, address, city, state, zip, 

and phone number;

(4) Contain the transferee’s information: name, address, city, state, 

zip, and phone number;

(5) Specify the quantity of ERCs being transferred for each air pollutant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specified 

in the final ERC determination) of the ERCs being transferred.

(g) Transfer of the banked ERCs shall become effective on the date the 

department notifies both parties of the transfer, which signifies that 

the transfer is complete, approved and recorded in the registry. The 

notification shall be on department letterhead and signed by the Control Officer. This notification shall contain an ERC Credit Balance 

Summary Report signed by the Control Officer that reflects the balance of all completed transactions for the owner.

12.7.8 Procedures for Redeeming ERCs

(a) The owner of ERCs shall submit a request to the Control Officer to 

redeem ERCs for use at a specific stationary source and include the 

applicable transaction fee pursuant to Section 18. To be considered 

valid, the redemption request shall:

(1) Be signed and dated by the owner;

(2) Be on the owner's official letterhead;

(3) Contain the owner's information: name, address, city, state, zip, 

and phone number;

(4) Contain the stationary source’s information for which the ERCs 

are being redeemed against: name, authority to construct and/or 

operating permit number (generically referred to as the facility 

number), physical address, city, state, zip, and phone number; 

(5) Specify the quantity of ERCs being redeemed for each air pollutant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specified 

in the final ERC determination) of the ERCs being redeemed.
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(7) Redemption of ERCs shall become final and effective on the issuance date of the federally enforceable permit containing the 

ERC redemption satisfying an offset requirement. Issuance of 

the federally enforceable permit containing the ERC redemption 

also signifies final approval of the redeemed ERCs.

12.7.9 Additional Control Officer Authority Related to ERCs

(a) The Control Officer shall have the authority to retire banked ERCs or 

impose a temporary or permanent moratorium on the ERC Program 

for the following purposes:

(1) To prevent an exceedance of the National Ambient Air Quality 

Standards;

(2) To establish baseline emissions or future emission projections 

for a State Implementation Plan;

(3) To establish baseline emissions or future emission projections 

for a Maintenance Plan;

(4) To ensure reasonable further progress of the SIP; and,

(5) To control air quality within an airshed or nonattainment area.

(b) The Control Officer shall publish on the department’s website for a 

period of thirty (30) days a notice listing the following items regarding 

a proposed retirement of ERCs: 

(1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summary of the ownership, amount, and type of ERCs proposed for retirement;

(6) Opportunity for an affected person to submit written comments 

during the notice period on the proposed action and relevant information or data. The Control Officer shall consider such

comments prior to implementing the action.

(c) The Control Officer shall publish on the department’s website for a 

period of thirty (30) days a notice listing the following items regarding 

a proposed ERC Program Moratorium: 
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(1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summary of the ownership, number, type of ERCs proposed 

for retirement or subject to a moratorium;

(6) Opportunity for an affected person to submit written comments 

during the notice period on the proposed action and relevant information or data. The Control Officer shall consider such 

comments prior to implementing the action.

(d) In addition, the Control Officer shall notify each owner of ERCs affected by the proposed action at least seven (7) calendar days prior 

proposed action.

12.7.10 ERC Reciprocity

The Control Officer may grant reciprocity for banking, transacting and redeeming ERCs that are issued by the Nevada Division of Environmental 

Protection (NDEP) if the NDEP ERC issuance requirements are equivalent 

to or more stringent than the applicable requirements of Section 12.7 subject to the following conditions:

(a) NDEP shall submit the ERC Reciprocity Request to the Control Officer on behalf of the ERC owner. The ERC owner’s request shall be 

submitted with the NDEP transmittal document. 

(b) All documentation associated with the ERCs issued by the NDEP 

shall be submitted with the ERC Reciprocity Request, including, but 

not limited to, the following: the ERC application and technical support document; eligibility determinations, completeness determinations, the final ERC determination, public notices, public comments, 

appeal documents, the operating permit as it was prior to the ERC 

issuance and the operating permit as modified to accommodate the 

ERCs. 

History: Adopted May 18, 2010
Adopted 03-16-10

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SECTION 12.9: ANNUAL EMISSIONS INVENTORY REQUIREMENT

(a) Every major stationary source located in Clark County shall complete 

and submit to the Control Officer an annual emissions inventory. The 

annual emissions inventory is due by March 31 of each year and 

shall include emission factors and calculations used to determine the 

emissions from each permitted emissions unit for the previous 

calendar year. 

(b) If the Control Officer determines that it is necessary to demonstrate 

attainment, maintenance, reasonable further progress or compliance 

with any State Implementation Plan requirement; to protect visibility 

or to calculate administrative fees, any source subject to an 

applicable requirement, shall, upon notice by the Control Officer, 

complete and submit an annual emissions inventory within 60 days of 

such notification, or other such timeframe as specified by the notice. 

(c) The annual emissions inventory submittal shall include the following 

information:

(1) The source’s name, description, mailing address, contact 

person and contact person phone number, and physical 

address and location, if different than the mailing address.

(2) The actual quantity of emissions from permitted emission points 

and fugitive emissions as determined pursuant to the permit, 

including documentation of the method of measurement, 

calculation, or estimation, determined pursuant to 

subsection (d), of all regulated air pollutants.

(d) Actual quantities of emissions shall be determined using the following 

emission factors or data:

(1) Whenever available, emissions estimates shall either be 

calculated from continuous emissions monitors certified 

pursuant to 40 CFR 75, Subpart C and referenced appendices, 

or continuous emissions monitor data quality assured pursuant 

to Appendix F of 40 CFR Part 60.

(2) When sufficient data pursuant to subsection (d)(1) is not 

available, emissions may be determined using:

(A) The emissions calculation methodology used to establish 

the emission limitations specified in the permit; or

(B) An equivalent method approved by the Control Officer 

prior to the submittal of the inventory data to the 
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department. The Control Officer shall only approve 

methods that are demonstrated by the owner or operator 

to be as accurate and reliable as the applicable method 

in subsections (d)(1) or (2)(A).

(e) Actual quantities of emissions calculated under subsection (c) shall 

be determined on the basis of actual operating hours, production 

rates, in-place process control equipment, operational process 

control data, and types of materials processed, stored, or combusted.

(f) An amendment to an annual emission inventory, containing the 

documentation required by subsection (c)(2), shall be submitted to 

the Control Officer by any source whenever it discovers or receives 

notice, within two (2) years of the original submittal, that incorrect or 

insufficient information was submitted to the Control Officer in a 

previous inventory submittal. If the incorrect or insufficient information 

resulted in an incorrect annual emissions fee, the Control Officer 

shall require that additional payment be made or shall apply an 

amount as a credit to a future annual emissions fee. The submittal of 

an amendment under this subsection shall not subject the owner or 

operator to an enforcement action or a civil or criminal penalty if the 

original submittal of incorrect or insufficient information was due to 

reasonable cause and not willful neglect.

(g) Any information submitted pursuant to Section 12.9 shall contain a 

certification by a responsible official of truth, accuracy and 

completeness. This certification shall state that, based on information 

and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate and complete.

History: Adopted March 16, 2010
Adopted 03-16-10

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12.10-1

SECTION 12:10: CONTINUOUS MONITORING REQUIREMENTS FOR

STATIONARY SOURCES

12.10.1 Monitoring Requirements

The Control Officer may require any source of regulated air pollutants, to 

monitor, sample or perform other studies to quantify emissions or the levels 

of air pollution that may be reasonably attributable to such source. In the 

case of determining compliance with an applicable requirement for which a 

source is required to obtain a permit under Section 12, monitoring may include continuous emission or continuous opacity monitoring.

12.10.2 Calibration, Operation, and Maintenance of Equipment 

(a) Any owner or operator of a stationary source listed in 40 CFR 51, 

Appendix P, Sections 1.1.1 through 1.1.4 that is not subject to a 40 

CFR 60 “New Source Performance Standard” shall install, calibrate, 

operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in Appendix P, Sections 

1.1.1 through 1.1.4, for each applicable source category. These stationary sources must also meet the basic requirements of 40 CFR 

51, Appendix P, Section 2.0 et seq. 

(b) Any owner or operator of a stationary source subject to the requirements of 40 CFR 75 shall comply with the applicable installation, calibration, operational, and monitoring requirements as incorporated 

by reference in Section 22 of the Clark County Air Quality Regulations (AQRs). 

(c) If an emission unit is subject to more than one federal performance 

standard pertaining to Continuous Emission Monitoring System installation, certification, operation or evaluation, then the permit shall 

specify which of the federal requirements the owner or operator must 

comply with, including a reference to the applicable federal statute.

12.10.3 Monitoring Locations

(a) All Continuous Emissions Monitoring Systems or monitoring devices 

must be installed as specified in the applicable performance specifications of Appendix B of 40 CFR Part 60 or, if not specified, so that 

representative measurements of emissions or process parameters 

from the affected facility are obtained. Additional procedures for location of Continuous Emissions Monitoring Systems are contained in 

the applicable performance specifications of Appendix B of 40 CFR 

Part 60.
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12.10-2

(b) When the effluents from a single affected facility, or two (2) or more 

affected facilities subject to the same emission standards, are combined before being released to the atmosphere, and compliance with 

the emission standard is determined by a Continuous Emissions 

Monitoring System, the owner or operator may install applicable Continuous Emissions Monitoring Systems for each effluent or for the 

combined effluent. When the affected facilities are not subject to the 

same emission standards, separate Continuous Emissions Monitoring Systems must be installed for each effluent. When the effluent 

from one affected facility is released to the atmosphere through more 

than one point, the owner or operator shall install applicable Continuous Emissions Monitoring Systems on each separate effluent unless the installation of fewer systems is approved by the Control Officer.

12.10.4 Verification of Operational Status

(a) Unless otherwise approved by the Control Officer or specified in 

these AQRs, the requirements of Section 12.10 apply to all Continuous Emissions Monitoring Systems required under applicable provisions of these AQRs.

(b) All Continuous Emissions Monitoring Systems and monitoring devices must be installed and operational prior to conducting the applicable performance tests. Verification of operational status must, as a 

minimum, consist of the following:

(1) For Continuous Emissions Monitoring Systems referred to in paragraph (a) of Section 12.10.5, completion of the conditioning 

period specified by applicable requirements in Appendix B of 40 

CFR Part 60.

(2) For Continuous Emissions Monitoring Systems, completion of 

seven (7) days of operation.

(3) For monitoring devices referred to in this section, completion of 

the manufacturer’s written requirements or recommendations for 

checking the operation or calibration of the device.

12.10.5 Performance Evaluations

(a) During any required performance tests or within thirty (30) days thereafter, and at such other times as may be required by the Control 

Officer as necessary to verify compliance, the owner or operator of 

any affected facility shall conduct continuous evaluations of the performance of monitoring systems and furnish the Control Officer within 

sixty (60) days thereof a copy of the written report of the results of 

such tests. If the reporting criteria are specified in a federal require-
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12.10-3

ment that is applicable to the stationary source, then the owner or 

operator shall comply with the federal reporting requirements. These 

evaluations must be conducted in accordance with the specifications 

and procedures provided in this section.

(b) Continuous Emissions Monitoring Systems listed in this section must 

be evaluated in accordance with the requirements and procedures 

contained in the applicable performance specification of Appendix B 

of 40 CFR Part 60:

(1) Opacity of emissions must comply with Performance Specification 1;

(2) Nitrogen oxide emissions must comply with Performance Specification 2; 

(3) Sulfur dioxide emissions must comply with Performance Specification 2; and 

(4) The oxygen content of carbon dioxide content of effluent gases 

must comply with Performance Specification 3.

12.10.6 Adjustments

Owners or operators of all Continuous Emissions Monitoring Systems installed in accordance with the provisions of this section 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 CFR 60 are exceeded.

12.10.7 Minimum Procedures

Unless otherwise approved by the Control Officer, the following procedures, 

as applicable, must be followed:

(a) For extractive Continuous Emissions 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 CFR 60. Every six (6) 

months after the date of manufacture, span and zero gases must be 

reanalyzed by conducting triplicate analyses with Reference Methods 
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6 for SO2, 7 for NO, and 3 for O2 and CO2, respectively. The gases 

may be analyzed at less frequent intervals if longer shelf lives are 

guaranteed by the manufacturer.

(b) For nonextractive Continuous Emissions Monitoring Systems measuring gases, minimum procedures include upscale checks using a 

certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. The zero check may be performed 

by computing the zero value from upscale measurements or by mechanically producing a zero condition.

12.10.8 Measurement of Opacity

(a) For Continuous Emissions Monitoring Systems measuring opacity of

emissions, the optical surfaces exposed to the effluent gases must 

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

surfaces must be cleaned when the cumulative automatic zero compensation exceeds four (4) percent opacity. 

(b) For Continuous Emissions 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.

12.10.9 Frequency of Operation

Except for system breakdowns, repairs, calibration checks, and zero and 

span adjustments required by Section 12.10.6, all Continuous Emissions 

Monitoring Systems must be in continuous operation and meet minimum 

frequency of operation requirements, as follows:

(a) All Continuous Emissions Monitoring Systems referred to in Section 

12.10.5 for measuring opacity of emissions must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 10-second period.

(b) All Continuous Emissions Monitoring Systems referred to in Section 

12.10.5 for measuring oxides of nitrogen, sulfur dioxide, carbon dioxide, or oxygen must complete a minimum of one cycle of operation 

(sampling, analyzing, and data recording) for each successive 15-

minute period.
Adopted 03-16-10

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12.10-5

12.10.10 Recordation of Data

(a) Owners or operators of all Continuous Emissions 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.

(b) For systems other than opacity, 1-hour averages must be computed 

from four or more data points equally spaced over each 1-hour period.

(c) 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 Emissions Monitoring Systems may be recorded in 

reduced or nonreduced form, e.g., ppm pollutant and percent O2 or 

lb/million Btu of pollutant.

(d) All excess emissions must be converted into units of the standard using the applicable conversion procedures specified in these regulations. 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 

one (1) percent opacity.

(e) As used in this section, “calibrated data” means data which is precise 

and accurate within a stated acceptance criteria for the instrument.

12.10.11 Records; Reports

(a) Any owner or operator subject to the provisions of this section shall 

maintain records of the occurrence and duration of any startup, 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 Emissions Monitoring System or monitoring 

device is inoperative.

(b) Each owner or operator required to install a Continuous Emissions 

Monitoring System shall submit a written report of excess emissions 

to the Control Officer every six (6) months. All reports must be postmarked by the 30th day following the end of each six-month period 

and must include the following information:

(1) The magnitude of excess emissions computed in accordance 

with this section, any conversion factors used, and the date and 

time of commencement and completion of each time period of 

excess emissions; 
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12.10-6

(2) Specific identification of each period of excess emissions that 

occurs during startups, shutdowns and malfunctions of the affected facility; 

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

(4) Specific identification of each period during which the Continuous Emissions Monitoring System was inoperative, except for 

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

(5) Specific identification of each period when no excess emissions 

have occurred and the Continuous Emissions Monitoring System has not been inoperative, repaired, or adjusted.

(c) In addition to the reporting requirements of this section, an owner or 

operator shall also comply with the reporting requirements of Section 

25.6 for an occurrence of emissions in excess of an applicable requirement or the emission limits prescribed by the permit. 

(d) Any owner or operator subject to the provisions of this section shall 

maintain a file of all measurements, including:

(1) Continuous Emissions Monitoring Systems, monitoring devices 

and performance testing measurements;

(2) All Continuous Emissions Monitoring System performance evaluations;

(3) All Continuous Emissions Monitoring Systems or monitoring device calibration checks;

(4) Adjustments and maintenance performed on these systems or 

devices; and

(5) All other information required by this section, recorded in a permanent form suitable for inspection.

The file must be retained for at least five (5) years following the date 

of the measurements, maintenance, reports and records.

12.10.12 Alternative Monitoring Procedures or Requirements

(a) Upon written application by an owner or operator, the Control Officer 

may approve alternatives to any monitoring procedures or requirements of this section, including, but not limited to, the following:
Adopted 03-16-10

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12.10-7

(1) Alternative monitoring requirements when installation of a Continuous Emissions 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, except when the monitoring 

device requirement is specified in 40 CFR 60, 61, and 63;

(2) Alternative monitoring requirements when the affected facility is 

infrequently operated;

(3) Alternative monitoring requirements to accommodate Continuous Emissions Monitoring Systems that require additional 

measurements to correct for stack moisture conditions;

(4) Alternative locations for installing Continuous Emissions Monitoring Systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will 

enable accurate and representative measurements;

(5) Alternative methods of converting regulated air pollutant concentration measurements to units of the standards;

(6) Alternative procedures for performing daily checks of zero and 

span drift that do not involve use of span gases or test cells; 

(7) Alternatives to the test methods of the American Society for 

Testing and Materials or sampling procedures specified by any 

provision of this section;

(8) Alternative Continuous Emissions Monitoring Systems that do 

not meet the design or performance requirements in Performance Specification 1, Appendix B of 40 CFR 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 Control Officer may require that such demonstration 

be performed for each affected facility; or

(9) Alternative monitoring requirements when the effluent from a 

single affected facility or the combined effluent from two or more 

affected facilities are released to the atmosphere through more 

than one point.

(b) Notwithstanding the provisions of paragraph (a) of this section, the 

Control Officer shall not approve an alternative method or equivalent 

method to determine compliance with a standard or emission limitation contained in 40 CFR 60, 61, or 63 for:
Adopted 03-16-10

CC Air Quality Regulations

12.10-8

(1) An emissions unit that is subject to a testing requirement pursuant to 40 CFR 60, 61, or 63; or

(2) An affected source.

History: Adopted March 16, 2010
Adopted 11-03-09

CC Air Quality Regulations

12.11-i

SECTION 12.11: GENERAL PERMITS FOR MINOR STATIONARY SOURCES

12.11 General Permits for Minor Stationary Sources................................................ 1

12.11.1 Applicability ..................................................................................................... 1

12.11.2 General Permit Development.......................................................................... 1

12.11.3 Application for Authority to Operate Under a General Permit.......................... 2

12.11.4 General Permit Issuance or Revision Procedures........................................... 3

12.11.5 General Permit Renewal ................................................................................. 4

12.11.6 Relationship to Individual Minor Source Permits ............................................. 5

12.11.7 Termination of General Permits and Revocation of Authority to Operate under 

a General Permit............................................................................................. 5

12.11.8 Fees Related to General Permits.................................................................... 6
Adopted 11-03-09

CC Air Quality Regulations

12.11-1

12.11 General Permits for Minor Stationary Sources

12.11.1 Applicability

(a) The Control Officer may issue general permits for a source class that 

contains ten (10) or more minor sources, as defined in Section 

12.1.1(c). For the purpose of Section 12.11, a source class is 

defined as minor sources that are similar in nature, have substantially 

similar emissions, and would be subject to the same or substantially 

similar requirements governing operations, emissions, monitoring, 

reporting, or recordkeeping. “Similar in nature” refers to source size, 

processes, operating conditions, and the nature and quantity of 

emissions.

(b) The Control Officer may issue general permits, in accordance with 

paragraph (a), with emission limitations, controls, or other 

requirements that meet the requirements of Section 12.1.4. A source 

that seeks to vary from such a general permit and obtain an emission 

limitation, control, or other requirement not contained in that general 

permit shall apply for an individual permit pursuant to Section 12.1.3.

(c) General permits shall not be issued for sources regulated pursuant to 

Title IV of the Act, except as provided in regulations promulgated by 

the Administrator under Title IV of the Act.

12.11.2 General Permit Development

(a) The Control Officer may issue a general permit on the Control 

Officer’s own initiative or in response to a petition.

(b) Any person may submit a petition to the Control Officer requesting 

the issuance of a general permit for a defined source class. The 

petition shall propose a particular source class and list the 

approximate number of sources in the proposed class, along with 

their size, processes, and operating conditions, and demonstrate 

how the class meets the criteria for a general permit as specified in 

Section 12.11.1. The Control Officer shall provide a written response 

to the petition within one hundred twenty (120) days of receipt.

(c) General permits shall be issued or revoked for source classes 

pursuant to the procedures in Section 12.11.4 or 12.11.7.

(d) General permits shall include all of the following:

(1) The relevant elements contained in Section 12.1.3.6; and
Adopted 11-03-09

CC Air Quality Regulations

12.11-2

(2) The process for qualifying individual sources to apply for 

coverage under the general permit by submitting the application 

prescribed by Section 12.11.3.

(3) A permit term not to exceed 5 years from the date of issuance.

12.11.3 Application for Authority to Operate Under a General Permit

(a) Once the Control Officer has issued a general permit, any source 

which is a member of the source class covered by the general permit 

may apply to the Control Officer for authority to construct and operate 

under the general permit. At the time the Control Officer issues a 

general permit, the Control Officer may also establish a specific 

application form with filing instructions for sources in the category 

covered by the general permit. Applicants shall complete the specific 

application form or, if none has been adopted, a standard application 

form to be promulgated by the department. The specific application 

form shall, at a minimum, require the applicant to submit the following 

information:

(1) Information identifying and describing the source, its processes, 

and its operating conditions in sufficient detail to allow the 

Control Officer to determine qualification for, and assure 

compliance with, the general permit; and

(2) A compliance schedule that meets the requirements of Section 

12.1.4.1(m)(4), if required.

(b) The Control Officer shall act on the application for authority to 

operate under the general permit as expeditiously as possible, but a 

final decision shall be reached within one hundred eighty (180) days 

of receipt of the application. The source shall operate under the 

terms of the general permit for which it has applied during that time. 

(1) If the application for authority to operate under the general 

permit is denied, the Control Officer shall notify the source that it 

shall apply for an individual minor source permit within sixty (60) 

days of receipt of notice.

(2) If the application is approved, the Control Officer shall issue an 

authority to operate under a general permit to the source and 

post the issuance decision on the department web site.

(3) If the Control Officer defers acting on an application under this 

section and the Control Officer has provided notice of intent to 

renew or not renew the permit, the source may operate under 

the terms of its application until a decision is made by the 

Control Officer.
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CC Air Quality Regulations

12.11-3

12.11.4 General Permit Issuance or Revision Procedures

(a) This section applies to the issuance, renewal, or revision of a general 

permit.

(b) The Control Officer shall provide notice of a proposed new general 

permit, for any revision of an existing general permit, or for renewal 

of an existing general permit in a newspaper of general circulation 

within Clark County, Nevada, and the department web site. The 

notice shall describe the following:

(1) The proposed permit, including an emission limitation, work 

practice standard, or other means of limiting emissions that is 

RACT for the affected category of source;

(2) The category of sources that would be affected;

(3) The air contaminants the Control Officer expects to be emitted 

by a typical source in the class and from the class as a whole;

(4) The proposed effective date for issuance of the general permit;

(5) The locations where documents relevant to the proposed permit 

will be available during normal business hours;

(6) The name, address, and telephone number of a person within 

the department who may be contacted for further information;

(7) The address where any person may submit comments or 

request a public hearing, and the date and time by which 

comments or a public hearing request are required to be 

received; and

(8) The process by which sources may obtain authorization to 

operate under the general permit.

(c) Public Comment. The Control Officer shall provide a period of not 

less than 30 days from the date of the notice of a proposed new, 

revised, or renewed general permit for written comments to be 

submitted. Such comment period may be concurrent with the notice 

period specified in subsection (b). 

(d) Written comments shall include the name of the person commenting 

and the person’s agent or attorney, if any, and shall clearly set forth 

reasons why the general permit should or should not be issued 

pursuant to the criteria for issuance in Section 12.11.2. The Control 

Officer shall consider all written and oral comments, and any other 
Adopted 11-03-09

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12.11-4

documents on the administrative record, prior to taking final action on 

the general permit.

(e) Public Hearings. During the public comment period specified in 

paragraph (c) above, any person may petition the Control Officer, in 

writing, for a public hearing. All such petitions shall contain the 

petitioner’s name, address, daytime telephone number, and reason 

for requesting a hearing. 

(f) If a proper petition is filed, and the Control Officer determines that 

there is a significant degree of public interest, the Control Officer

shall hold a public hearing no sooner than thirty (30) days after the 

date of the notice of a proposed new, revised or renewed general 

permit, but no later than seventy (70) days after the date of the notice 

of a proposed new, revised, or renewed general permit. In 

determining if a significant degree of public interest exists, the 

Control Officer shall consider all relevant factors, including, but not 

limited to, the number of petitioners, the nature of their concerns as 

stated in their petitions, the type and quantity of pollutants emitted 

from sources covered by the proposed general permit, and the 

proximity of such sources to sensitive areas like parks, schools, 

hospitals or residential areas. 

(g) The petitioner shall receive no less than seven (7) days prior written 

notice of the date and location of the public hearing, and the Control 

Officer shall provide at least seven (7) days notice to the public by 

posting the notice of public hearing on the DAQEM website. If the 

petition for hearing is denied, the Control Officer shall notify the 

petitioner within 30 days of receipt of the petition and shall notify the 

public by posting on the DAQEM website within the same 30-day 

period.

(h) At the time a general permit is issued, the Control Officer shall make 

available a response to all relevant comments on the proposed 

general permit raised during the public comment period and during 

any public hearing. The response shall specify which provisions, if 

any, of the proposed permit have been changed and the reason for 

the changes. The Control Officer shall notify, in writing, any petitioner 

and each person who has submitted written comments on the 

proposed general permit or requested notice of the final permit 

decision.

12.11.5 General Permit Renewal

The Control Officer shall review and may renew general permits every five 

years. A source's authorization to operate under a general permit shall 

coincide with the term of the general permit, regardless of when the 
Adopted 11-03-09

CC Air Quality Regulations

12.11-5

authorization began during the five-year period. In addition to the public 

notice required to issue a proposed permit under Section 12.11.4, the 

Control Officer shall notify in writing all sources who have been granted, or 

who have applications pending for, authorization to operate under the 

general permit. The written notice shall describe the source's duty to reapply 

and may include requests for information required under the proposed 

general permit.

12.11.6 Relationship to Individual Minor Source Permits

Any source covered under a general permit may request to be excluded 

from coverage by applying for an individual minor source permit. A source’s 

authority to operate under the general permit shall terminate on the date the 

individual minor source permit is issued.

12.11.7 Termination of General Permits and Revocation of Authority to 

Operate under a General Permit

(a) The Control Officer may terminate a general permit at any time if:

(1) The Control Officer has determined that the emissions from the 

sources in the source class cause or contribute to ambient air 

quality standard violations which are not adequately addressed 

by the requirements in the general permit; or

(2) The Control Officer has determined that the sources subject to 

the general permit no longer meet the requirements of Section 

12.11.1.

(b) If a general permit is terminated, the Control Officer shall provide 

written notice prior to termination to all sources operating under the 

permit. Such notice shall include an explanation of the basis for the 

termination. Within sixty (60) days of receipt of the notice of the 

termination of any general permit, sources notified shall submit an 

application to the Control Officer for an individual minor source 

permit. Upon submittal of a complete application, the source may 

continue to operate under the terms and conditions of its general 

permit until an individual minor source permit is issued by the Control 

Officer. 

(c) The Control Officer may revoke the authorization to operate under a 

general permit pursuant to this section and require a source 

authorized to operate under a general permit to apply for and obtain 

an individual minor source permit at any time if the source is not in 

compliance with the terms and conditions of the general permit.
Adopted 11-03-09

CC Air Quality Regulations

12.11-6

(d) If the Control Officer revokes a source’s authority to operate under a 

general permit pursuant to paragraph (c) above, the Control Officer 

shall notify the permittee by certified mail. The notice shall include a 

statement detailing the grounds for the revocation of authority to 

operate under the general permit. The source shall not operate until 

the source submits a complete application for an individual minor 

source permit. 

12.11.8 Fees Related to General Permits

(a) Permit Processing Fee. The owner or operator of a source that 

applies for authority to operate under a general permit shall pay to 

the Control Officer the fee required by Section 18 with the submittal 

of the application.

(b) Administrative or Inspection Fee. The owner or operator of a 

source with authority to operate under a general permit shall pay, for 

each calendar year, any other applicable fee(s) pursuant to Section 

18.

History: Adopted November 3, 2009
Adopted 03-16-10

CC Air Quality Regulations

12.12-1

SECTION 12.12: TRANSFER OF PERMIT

12.12.1 Applicability

This section applies to any source or emission unit for which a permit has 

been issued pursuant to Section 12.1, 12.2, 12.3, 12.4, 12.5 or 12.11. 

12.12.2 Requirements

(a) Except as provided for in this section, an Authority to Construct or any 

permit issued pursuant to the sections listed in 12.12.1 shall not be 

transferable, whether by operation of law or otherwise, from one owner 

or operator to another.

(b) Any application to transfer a permit from the permit holder to another 

person or owner shall be accompanied by the applicable fee(s) as 

specified in Section 18. 

(c) An application for the transfer of ownership shall constitute a 

temporary Authority to Construct, Part 70 Operating Permit or Permit to 

Operate, as applicable, under the conditions of the existing permit.

(d) The owner or operator who holds the permit shall file an application for 

a transfer of ownership at least 30 days prior to the date of the transfer 

of ownership. 

(e) The Control Officer shall approve an application for the transfer of a 

permit if all of the following requirements are met:

(1) The emission unit subject to the permit is in compliance with all 

applicable orders, AQRs and applicable federal requirements. 

(2) Submittal of a written agreement or other written proof of 

transfer of ownership that is deemed sufficient by the Control 

Officer and which specifies the date of ownership transfer;

(3) The permit has been reviewed by the department to determine 

that the permit conditions are adequate to ensure compliance 

with, and enforceability of, applicable requirements to the 

emission unit for which the permit was issued;

(4) Where (e) (3) has not been met, the Control Officer shall require 

that the permit be revised to specify the permit conditions 

necessary in accordance with all applicable requirements;
Adopted 03-16-10

CC Air Quality Regulations

12.12-2

(5) All fees and assessed penalties associated with the permit have 

been paid.

History: Adopted March 16, 2010
Adopted 03-16-10 12.13-1

CC Air Quality Regulations

SECTION 12:13: POSTING OF PERMIT

(a) Any person who has been issued an individual or general permit 

under this Section 12 shall post such permit provided by the 

department in a location which is clearly visible and accessible to the 

employees of the stationary source and representatives of the 

Control Officer.

(b) A copy of the complete permit shall be kept at the permitted source.

History: Adopted March 16, 2010
Amended 05-18-10

CC Air Quality Regulations

13-i

SECTION 13: NATIONAL EMISSION STANDARDS FOR HAZARDOUS 

AIR POLLUTANTS

13.1 40 CFR 61 Incorporated by Reference ........................................................... 1

13.2 40 CFR 63 Incorporated by Reference ........................................................... 2
Amended 05-18-10

CC Air Quality Regulations

13-1

13.1 40 CFR 61 Incorporated by Reference

The following subparts of 40 CFR Part 61, “National Emission Standards for 

Hazardous Air Pollutants (NESHAPs),” and all accompanying appendices 

adopted as of July 1, 2009, and no future editions or amendments, are 

incorporated by reference as applicable requirements. These standards are on 

file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than 

a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word “Administrator” as used in 40 CFR 

Part 61 shall mean the Control Officer, except that the Control Officer shall 

not be authorized to approve alternate test methods or alternate opacity 

limits, or administer any authorities under 40 CFR Part 61 not delegated by 

EPA.

(1) Subpart A - General Provisions.

(2) Subpart C - National Emission Standard for Beryllium.

(3) Subpart D - National Emission Standard for Beryllium Rocket Motor 

Firing.

(4) Subpart E - National Emission Standard for Mercury.

(5) Subpart F - National Emission Standard for Vinyl Chloride.

(6) Subpart J - National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources) of Benzene.

(7) Subpart L - National Emission Standard for Benzene Emissions 

from Coke By-Product Recovery Plants.

(8) Subpart M - National Emission Standard for Asbestos.

(9) Subpart N - National Emission Standard for Inorganic Arsenic 

Emissions from Glass Manufacturing Plants.

(10) Subpart O - National Emission Standard for Inorganic Arsenic 

Emissions from Primary Copper Smelters.

(11) Subpart P - National Emission Standard for Inorganic Arsenic 

Emissions from Arsenic Trioxide and Metallic Arsenic Production 

Facilities.

(12) Subpart V - National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources).
Amended 05-18-10

CC Air Quality Regulations

13-2

(13) Subpart Y - National Emission Standard for Benzene Emissions 

from Benzene Storage Vessels.

(14) Subpart BB - National Emission Standard for Benzene Emissions 

from Benzene Transfer Operations.

(15) Subpart FF - National Emission Standard for Benzene Waste 

Operations.

13.2 40 CFR 63 Incorporated by Reference

The following subparts of 40 CFR Part 63, “NESHAPs for Source Categories,” 

and all accompanying appendices adopted as of July 1, 2009, and no future 

editions or amendments, are incorporated by reference. These standards are on 

file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than 

a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word "Administrator" as used in 40 CFR 

Part 63 shall mean the Control Officer, except that the Control Officer shall 

not be authorized to approve alternate test methods or alternate opacity 

limits, or administer any authorities under 40 CFR Part 63 not delegated by 

EPA.

(1) Subpart A - General Provisions.

(2) Subpart B - Requirements for Control Technology Determinations 

for Major Sources in Accordance with Clean Air Act Sections, 

Sections 112(g) and 112(j).

(3) Subpart C – List of Hazardous Air Pollutants, Petition Process, 

Lesser Quantity Designations, Source Category List. 

(4) Subpart D - Regulations Governing Compliance Extensions for 

Early Reductions of Hazardous Air Pollutants.

(5) Subpart F - National Emission Standards for Organic Hazardous Air 

Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

(6) Subpart G - National Emission Standards for Organic Hazardous 

Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, 

and Wastewater.

(7) Subpart H - National Emission Standards for Organic Hazardous 

Air Pollutants for Equipment Leaks.
Amended 05-18-10

CC Air Quality Regulations

13-3

(8) Subpart I - National Emission Standards for Organic Hazardous Air 

Pollutants for Certain Processes Subject to the Negotiated 

Regulations for Equipment Leaks.

(9) Subpart J - National Emission Standards for Hazardous Air 

Pollutants for Polyvinyl Chloride and Copolymers Production.

(10) Subpart L - National Emission Standards for Coke Oven Batteries.

(11) Subpart M - National Perchloroethylene Air Emission Standards for 

Dry Cleaning Facilities.

(12) Subpart N - National Emission Standards for Chromium Emissions 

from Hard and Decorative Chromium Electroplating and Chromium 

Anodizing Tanks.

(13) Subpart O - Ethylene Oxide Emissions Standards for Sterilization 

Facilities.

(14) Subpart Q - National Emission Standards for Hazardous Air 

Pollutants for Industrial Process Cooling. Towers.

(15) Subpart R - National Emission Standards for Gasoline Distribution 

Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations).

(16) Subpart S - National Emission Standards for Hazardous Air 

Pollutants from the Pulp and Paper Industry.

(17) Subpart T - National Emission Standards for Halogenated Solvent 

Cleaning.

(18) Subpart U - National Emission Standards for Hazardous Air 

Pollutant Emissions: Group I Polymers and Resins.

(19) Subpart W - National Emission Standards for Hazardous Air 

Pollutants for Epoxy Resins Production and Non-Nylon Polyamides 

Production.

(20) Subpart X - National Emission Standards for Hazardous Air 

Pollutants from Secondary Lead Smelting.

(21) Subpart AA - National Emission Standards for Hazardous Air 

Pollutants from Phosphoric Acid Manufacturing Plants.

(22) Subpart BB - National Emission Standards for Hazardous Air 

Pollutants from Phosphate Fertilizers Production Plants.
Amended 05-18-10

CC Air Quality Regulations

13-4

(23) Subpart CC - National Emission Standards for Hazardous Air 

Pollutants from Petroleum Refineries.

(24) Subpart DD - National Emission Standards for Hazardous Air 

Pollutants from Off-Site Waste and Recovery Operations.

(25) Subpart EE - National Emission Standards for Magnetic Tape 

Manufacturing Operations.

(26) Subpart GG - National Emission Standards for Aerospace 

Manufacturing and Rework Facilities.

(27) Subpart HH - National Emission Standards for Hazardous Air 

Pollutants from Oil and Natural Gas Production Facilities.

(28) Subpart II - National Emission Standards for Shipbuilding and Ship 

Repair (Surface Coating).

(29) Subpart JJ - National Emission Standards for Wood Furniture 

Manufacturing Operations.

(30) Subpart KK - National Emission Standards for Printing and 

Publishing Industry.

(31) Subpart LL - National Emission Standards for Hazardous Air 

Pollutants for Primary Aluminum Reduction Plants.

(32) Subpart MM - National Emission Standards for Hazardous Air 

Pollutants for Chemical Recovery Combustion Source at Kraft, 

Soda, Sulfite and Stand-alone Semichemical Pulp Mills.

(33) Subpart OO - National Emission Standards for Tanks - Level 1.

(34) Subpart PP - National Emission Standards for Containers.

(35) Subpart QQ - National Emission Standards for Surface 

Impoundments. 

(36) Subpart RR - National Emission Standards for Individual Drain 

Systems.

(37) Subpart SS - National Emission Standards for Closed Vent 

Systems, Control Devices, Recovery Devices and Routing to a Fuel 

Gas System or a Process.

(38) Subpart TT - National Emission Standards for Equipment Leaks--

Control Level 1.
Amended 05-18-10

CC Air Quality Regulations

13-5

(39) Subpart UU - National Emission Standards for Equipment Leaks --

Control Level 2 Standards.

(40) Subpart VV - National Emission Standards for Oil-Water Separators 

and Organic-Water Separators.

(41) Subpart WW - National Emission Standards for Storage Vessels 

(Tanks)--Control Level 2.

(42) Subpart XX - National Emission Standards for Ethylene 

Manufacturing Process Units: Heat Exchange Systems and Waste 

Operations.

(43) Subpart YY - National Emission Standards for Hazardous Air 

Pollutants for Source Categories: Generic Maximum Achievable 

Control Technology Standards.

(44) Subpart CCC - National Emission Standards for Hazardous Air 

Pollutants for Steel Pickling--HCL Process Facilities and 

Hydrochloric Acid Regeneration Plants.

(45) Subpart DDD - National Emission Standards for Hazardous Air 

Pollutants for Mineral Wool Production.

(46) Subpart EEE - National Emission Standards for Hazardous Air 

Pollutants from Hazardous Waste Combustors.

(47) Subpart GGG - National Emission Standards for Pharmaceuticals 

Production.

(48) Subpart HHH - National Emission Standards for Hazardous Air 

Pollutants from Natural Gas Transmission and Storage Facilities.

(49) Subpart III - National Emission Standards for Hazardous Air 

Pollutants for Flexible Polyurethane Foam Production.

(50) Subpart JJJ - National Emission Standards for Hazardous Air 

Pollutant Emissions: Group IV Polymers and Resins.

(51) Subpart LLL - National Emission Standards for Hazardous Air 

Pollutants from the Portland Cement Manufacturing Industry.

(52) Subpart MMM - National Emission Standards for Hazardous Air

Pollutants for Pesticide Active Ingredient Production.

(53) Subpart NNN - National Emission Standards for Hazardous Air 

Pollutants for Wool Fiber Glass Manufacturing.
Amended 05-18-10

CC Air Quality Regulations

13-6

(54) Subpart OOO - National Emission Standards for Hazardous Air 

Pollutant Emissions: Manufacture of Amino/Phenolic Resins.

(55) Subpart PPP - National Emission Standards for Hazardous Air 

Pollutants for Polyether Polyols Production.

(56) Subpart QQQ - National Emission Standards for Hazardous Air 

Pollutants for Primary Copper Smelting.

(57) Subpart RRR - National Emissions Standards for Hazardous Air 

Pollutants for Secondary Aluminum Production.

(58) Subpart TTT-- National Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting.

(59) Subpart UUU - National Emission Standards for Hazardous Air 

Pollutants for Petroleum Refineries: Catalytic Cracking Units, 

Catalytic Reforming Units, and Sulfur Recovery Units.

(60) Subpart VVV - National Emission Standards for Hazardous Air 

Pollutants: Publicly Owned Treatment Works.

(61) Subpart XXX - National Emission Standards for Hazardous Air 

Pollutants for Ferroalloys Production: Ferromanganese and 

Silicomanganese.

(62) Subpart AAAA - National Emission Standards for Hazardous Air 

Pollutants: Municipal Solid Waste Landfills.

(63) Subpart CCCC - National Emission Standards for Hazardous Air 

Pollutants: Manufacturing of Nutritional Yeast.

(64) Subpart DDDD - National Emission Standards for Hazardous Air 

Pollutants: Plywood and Composite Wood Products.

(65) Subpart EEEE - National Emission Standards for Hazardous Air 

Pollutants: Organic Liquids Distribution (Non-Gasoline).

(66) Subpart FFFF - National Emission Standards for Hazardous Air 

Pollutants: Miscellaneous Organic Chemical Manufacturing.

(67) Subpart GGGG - National Emission Standards for Hazardous Air 

Pollutants: Solvent Extraction for Vegetable Oil Production.

(68) Subpart HHHH - National Emission Standards for Hazardous Air 

Pollutants for Wet-formed Fiberglass Mat Production.
Amended 05-18-10

CC Air Quality Regulations

13-7

(69) Subpart IIII - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Automobiles and Light-duty Trucks.

(70) Subpart JJJJ - National Emission Standards for Hazardous Air 

Pollutants: Paper and Other Web Coating.

(71) Subpart KKKK - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Cans.

(72) Subpart MMMM - National Emission Standards for Hazardous Air 

Pollutants for Surface Coating of Miscellaneous Metal Parts and 

Products.

(73) Subpart NNNN - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Large Appliances.

(74) Subpart OOOO - National Emission Standards for Hazardous Air 

Pollutants: Printing, Coating, and Dyeing of Fabrics and Other 

Textiles.

(75) Subpart PPPP - National Emission Standards for Hazardous Air 

Pollutants for Surface Coating of Plastic Parts and Products.

(76) Subpart QQQQ - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Wood Building Products.

(77) Subpart RRRR - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Furniture.

(78) Subpart SSSS - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Coil.

(79) Subpart TTTT - National Emission Standards for Hazardous Air 

Pollutants for Leather Finishing Operations.

(80) Subpart UUUU - National Emission Standards for Hazardous Air 

Pollutants for Cellulose Products Manufacturing.

(81) Subpart VVVV - National Emission Standards for Hazardous Air 

Pollutants for Boat Manufacturing.

(82) Subpart WWWW - National Emission Standards for Hazardous Air 

Pollutants: Reinforced Plastic Composites Production.

(83) Subpart XXXX - National Emission Standards for Hazardous Air 

Pollutants: Rubber Tire Manufacturing.
Amended 05-18-10

CC Air Quality Regulations

13-8

(84) Subpart YYYY - National Emission Standards for Hazardous Air 

Pollutants for Stationary Combustion Turbines.

(85) Subpart ZZZZ - National Emission Standards for Hazardous Air 

Pollutants for Stationary Reciprocating Internal Combustion 

Engines.

(86) Subpart AAAAA - National Emission Standards for Hazardous Air 

Pollutants for Lime Manufacturing Plants.

(87) Subpart BBBBB - National Emission Standards for Hazardous Air 

Pollutants for Semiconductor Manufacturing.

(88) Subpart CCCCC - National Emission Standards for Hazardous Air 

Pollutants for Coke Ovens: Pushing, Quenching, and Battery 

Stacks.

(89) Subpart DDDDD - National Emission Standards for Hazardous Air 

Pollutants for Industrial, Commercial, and Institutional Boilers and 

Process Heaters.

(90) Subpart EEEEE - National Emission Standards for Hazardous Air 

Pollutants for Iron and Steel Foundries.

(91) Subpart FFFFF - National Emission Standards for Hazardous Air 

Pollutants for Integrated Iron and Steel Manufacturing Facilities.

(92) Subpart GGGGG - National Emission Standards for Hazardous Air 

Pollutants: Site Remediation.

(93) Subpart HHHHH - National Emission Standards for Hazardous Air 

Pollutants: Miscellaneous Coating Manufacturing.

(94) Subpart IIIII - National Emission Standards for Hazardous Air 

Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali 

Plants.

(95) Subpart JJJJJ - National Emission Standards for Hazardous Air 

Pollutants for Brick and Structural Clay Products Manufacturing.

(96) Subpart KKKKK - National Emission Standards for Hazardous Air 

Pollutants for Clay Ceramics Manufacturing.

(97) Subpart LLLLL - National Emission Standards for Hazardous Air 

Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

(98) Subpart MMMMM - National Emission Standards for Hazardous Air 

Pollutants: Flexible Polyurethane Foam Fabrication Operations.
Amended 05-18-10

CC Air Quality Regulations

13-9

(99) Subpart NNNNN - National Emission Standards for Hazardous Air 

Pollutants: Hydrochloric Acid Production.

(100) Subpart PPPPP - National Emission Standards for Hazardous Air 

Pollutants for Engine Test Cells/Stands.

(101) Subpart QQQQQ - National Emission Standards for Hazardous Air 

Pollutants for Friction Materials Manufacturing Facilities.

(102) Subpart RRRRR - National Emission Standards for Hazardous Air 

Pollutants: Taconite Iron Ore Processing.

(103) Subpart SSSSS - National Emission Standards for Hazardous Air 

Pollutants for Refractory Products Manufacturing.

(104) Subpart TTTTT - National Emission Standards for Hazardous Air 

Pollutants for Primary Magnesium Refining.

(105) Subpart WWWWW – National Emission Standards for Hospital 

Ethylene Oxide Sterilizers.

(106) Subpart YYYYY – National Emission Standards for Hazardous Air 

Pollutants for Areas Sources: Electric Arc Furnace Steelmaking 

Facilities.

(107) Subpart ZZZZZ – National Emission Standards for Hazardous Air 

Pollutants for Iron and Steel Foundries Area Sources.

(108) Subpart BBBBBB – National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline Facilities.

(109) Subpart CCCCCC – National Emission Standards for Hazardous 

Air Pollutants for Source Category: Gasoline Dispensing Facilities.

(110) Subpart DDDDDD – National Emission Standards for Hazardous 

Air Pollutants for Polyvinyl Chloride and Copolymers Production 

Area Sources.

(111) Subpart EEEEEE – National Emission Standards for Hazardous Air 

Pollutants for Primary Copper Smelting Area Sources.

(112) Subpart FFFFFF – National Emission Standards for Hazardous Air 

Pollutants for Secondary Copper Smelting Area Sources.

(113) Subpart GGGGGG – National Emission Standards for Hazardous 

Air Pollutants for Primary Nonferrous Metals Area Sources – Zinc, 

Cadmium, and Beryllium.
Amended 05-18-10

CC Air Quality Regulations

13-10

(114) Subpart HHHHHH – National Emission Standards for Hazardous 

Air Pollutants: Paint Stripping and Miscellaneous Surface Coating 

Operations at Area Sources.

(115) Subpart LLLLLL – National Emission Standards for Hazardous Air 

Pollutants for Acrylic and Modacrylic Fibers Production Area 

Sources.

(116) Subpart MMMMMM – National Emission Standards for Hazardous 

Air Pollutants for Carbon Black Production Area Sources.

(117) Subpart NNNNNN – National Emission Standards for Hazardous 

Air Pollutants for Chemical Manufacturing Area Sources: Chromium 

Compounds.

(118) Subpart OOOOOO – National Emission Standards for Hazardous 

Air Pollutants for Flexible Polyurethane Foam Production and 

Fabrication Area Sources.

(119) Subpart PPPPPP – National Emission Standards for Hazardous Air 

Pollutants for Lead Acid Battery Manufacturing Area Sources.

(120) Subpart QQQQQQ – National Emission Standards for Hazardous 

Air Pollutants for Wood Preserving Area Sources.

(121) Subpart RRRRRR – National Emission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing Area Sources.

(122) Subpart SSSSSS – National Emission Standards for Hazardous Air 

Pollutants for Glass Manufacturing Area Sources.

(123) Subpart TTTTTT – National Emission Standards for Hazardous Air 

Pollutants for Secondary Nonferrous Metals Processing Area 

Sources.

(124) Subpart WWWWWW – National Emission Standards for Hazardous 

Air Pollutants: Area Source Standards for Plating and Polishing 

Operations.

(125) Subpart XXXXXX – National Emission Standards for Hazardous Air 

Pollutants Area Source Standards for Nine Metal Fabrication and 

Finishing Source Categories.

(126) Subpart YYYYYY – National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Ferroalloys Production Facilities.
Amended 05-18-10

CC Air Quality Regulations

13-11

(127) Subpart ZZZZZZ – National Emission Standards for Hazardous Air 

Pollutants: Area Source Standards for Aluminum, Copper, and 

Other Nonferrous Foundries.

History: Amended: September 3, 1981; May 15, 1985; April 23, 1987; February 20, 2001; June 3, 2003; July 1, 2004; 

May 18, 2010.
Amended 05-18-10

CC Air Quality Regulations

14-i

SECTION 14: NEW SOURCE PERFORMANCE STANDARDS

14.1 40 CFR Part 60 Incorporated by Reference ......................................................... 1
Amended 05-18-10

CC Air Quality Regulations

14-1

14.1 40 CFR Part 60 Incorporated by Reference

The following subparts of 40 CFR Part 60, “Standards of Performance for New 

Stationary Sources (NSPS),” and all accompanying appendices adopted as of 

July 1, 2009, and no future editions or amendments, are incorporated by 

reference. These standards are on file with the department and shall be applied 

by the Control Officer.

(a) In the event that an AQR contains a requirement that is more 

stringent than a NSPS requirement, the more stringent requirement 

shall apply.

(b) For the purpose of Section 14, the word "Administrator" as used in 40 

CFR Part 60 shall mean the Control Officer, except that the Control 

Officer shall not be authorized to approve alternate test methods or 

alternate opacity limits, or administer any authorities under 40 CFR 

Part 60 not delegated by EPA.

(1) Subpart A – General Provisions.

(2) Subpart C – Emission Guidelines and Compliance Times.

(3) Subpart Ca – Emission Guidelines and Compliance Times for 

Municipal Waste Combustors.

(4) Subpart Cb – Emission Guidelines and Compliance Times for 

Large Municipal Waste Combustors That are Constructed on or 

Before September 20, 1994.

(5) Subpart Cc – Emissions Guidelines and Compliance Times for 

Municipal Solid Waste Landfills.

(6) Subpart Cd – Emissions Guidelines and Compliance Times for 

Sulfuric Acid Production Units.

(7) Subpart Ce – Emission Guidelines and Compliance Times for 

Hospital/Medical/Infectious Waste Incinerators.

(8) Subpart D – Standards of Performance for Fossil-Fuel-Fired 

Steam Generators for Which Construction Is Commenced After 

August 17, 1971.

(9) Subpart Da – Standards of Performance for Electric Utility 

Steam Generating Units for Which Construction is Commenced 

After September 18, 1978.

(10) Subpart Db – Standards of Performance for Industrial -

Commercial - Institutional Steam Generating Units.
Amended 05-18-10

CC Air Quality Regulations

14-2

(11) Subpart Dc – Standards of Performance for Small Industrial -

Commercial - Institutional Steam Generating Units.

(12) Subpart E – Standards of Performance for Incinerators.

(13) Subpart Ea – Standards of Performance for Municipal Waste 

Combustors for Which Construction is Commenced after 

December 20, 1989 and on or Before September 20, 1994.

(14) Subpart Eb – Standards of Performance for Large Municipal 

Waste Combustors for Which Construction is Commenced After 

September 20, 1994 or for Which Modification or Reconstruction 

is Commenced After June 19, 1996.

(15) Subpart Ec – Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996.

(16) Subpart F – Standards of Performance for Portland Cement 

Plants.

(17) Subpart G – Standards of Performance for Nitric Acid Plants.

(18) Subpart H – Standards of Performance for Sulfuric Acid Plants.

(19) Subpart I – Standards of Performance for Hot Mix Asphalt 

Facilities.

(20) Subpart J – Standards of Performance for Petroleum Refineries.

(21) Subpart K – Standards of Performance for Storage Vessels for 

Petroleum Liquids for Which Construction, Reconstruction, or 

Modification Commenced After June 11, 1973, and Prior to May 

19, 1978.

(22) Subpart Ka – Standards of Performance for Storage Vessels for 

Petroleum Liquids for Which Construction, Reconstruction, or 

Modification Commenced After May 18, 1978, and Prior to July 

23, 1984.

(23) Subpart Kb – Standards of Performance for Storage Vessels for 

Petroleum Liquids.

(24) Subpart L – Standards of Performance for Secondary Lead 

Smelters.

(25) Subpart M – Standards of Performance for Secondary Brass 

and Bronze Production Plants.
Amended 05-18-10

CC Air Quality Regulations

14-3

(26) Subpart N – Standards of Performance for Primary Emissions 

from Basic Oxygen Process Furnaces for Which Construction is 

Commenced After June 11, 1973.

(27) Subpart Na – Standards of Performance for Secondary 

Emissions from basic Oxygen Process Steelmaking Facilities for 

Which Construction is Commenced After January 20, 1983.

(28) Subpart O – Standards of Performance for Sewage Treatment 

Plants.

(29) Subpart P – Standards of Performance for Primary Copper 

Smelters.

(30) Subpart Q – Standards of Performance for Primary Zinc 

Smelters.

(31) Subpart R – Standards of Performance for Primary Lead 

Smelters.

(32) Subpart S – Standards of Performance for Primary Aluminum 

Reduction Plants.

(33) Subpart T – Standards of Performance for the Phosphate 

Fertilizer Industry: Wet-Process Phosphoric Acid Plants.

(34) Subpart U – Standards of Performance for the Phosphate 

Fertilizer Industry: Superphosphoric Acid Plants.

(35) Subpart V – Standards of Performance for the Phosphate 

Fertilizer Industry: Diammonium Phosphate Plants.

(36) Subpart W – Standards of Performance for the Phosphate 

Fertilizer Industry: Triple Superphosphate Plants.

(37) Subpart X – Standards of Performance for the Phosphate 

Fertilizer Industry: Granular Triple Phosphate Storage Facilities.

(38) Subpart Y – Standards of Performance for Coal Preparation 

Plants.

(39) Subpart Z – Standards of Performance for Ferroalloy Production 

Facilities.

(40) Subpart AA – Standards of Performance for Steel Plants: 

Electric Arc Furnaces Constructed After October 21, 1974 and 

On or Before August 17, 1983.
Amended 05-18-10

CC Air Quality Regulations

14-4

(41) Subpart AAa – Standards of Performance for Steel Plants: 

Electric Arc Furnaces and Argon-Oxygen Decarburization 

Vessels Constructed After August 7, 1983.

(42) Subpart BB – Standards of Performance for Kraft Pulp Mills.

(43) Subpart CC – Standards of Performance for Glass 

Manufacturing Plants.

(44) Subpart DD – Standards of Performance for Grain Elevators.

(45) Subpart EE – Standards of Performance for Surface Coating of 

Metal Furniture.

(46) Subpart GG – Standards of Performance for Stationary GAS

Turbines.

(47) Subpart HH – Standards of Performance for Lime 

Manufacturing Plants.

(48) Subpart KK – Standards of Performance for Lead-Acid Battery 

Manufacturing Plants.

(49) Subpart LL – Standards of Performance for Metallic Mineral 

Processing Plants.

(50) Subpart MM – Standards of Performance for Automobile and 

Light-Duty Truck Surface Coating.

(51) Subpart NN – Standards of Performance for Phosphate Rock 

Plants.

(52) Subpart PP – Standards of Performance for Ammonium Sulfate 

Manufacture.

(53) Subpart QQ – Standards of Performance for Graphic Arts 

Industry: Publication Rotogravure Printing.

(54) Subpart RR – Standards of Performance for Pressure Sensitive 

Tape and Label Surface Coating Operations.

(55) Subpart SS – Standards of Performance for Industrial Surface 

Coating: Large Appliances.

(56) Subpart TT – Standards of Performance for Metal Coil Surface 

Coating.

(57) Subpart UU – Standards of Performance for Asphalt Processing 

and Asphalt Roofing.
Amended 05-18-10

CC Air Quality Regulations

14-5

(58) Subpart VV – Standards of Performance for Equipment Leaks of 

Volatile Organic Compounds in the Synthetic Organic 

Chemicals Manufacturing Industry Except Sections 

60.482-1(c)(2) and 60.484.

(59) Subpart VVa – Standards of Performance for Equipment Leaks 

of VOC in the Synthetic Organic Chemicals Manufacturing 

Industry for Which Construction, Reconstruction, or Modification 

commenced After November 7, 2006.

(60) Subpart WW – Standards of Performance for the Beverage Can 

Surface Coating Industry.

(61) Subpart XX – Standards of Performance for Bulk Gasoline 

Terminals.

(62) Subpart AAA – Standards of Performance for New Residential 

Wood Heaters.

(63) Subpart BBB – Standards of Performance for the Rubber Tire 

Manufacturing Industry.

(64) Subpart DDD – Standards of Performance for Volatile Organic 

Compound (VOC) Emissions from the Polymer Manufacturing 

Industry.

(65) Subpart FFF – Standards of Performance for Flexible Vinyl and 

Urethane Coating and Printing.

(66) Subpart GGG – Standards of Performance for Equipment Leaks 

of VOC in Petroleum Refineries for Which Construction, 

Reconstruction, or Modification Commenced After January 4, 

1983, and on or Before November 7, 2006.

(67) Subpart GGGa – Standards of Performance for Equipment 

Leaks of VOC in Petroleum Refineries for Which Construction, 

Reconstruction, or Modification Commenced After November 7, 

2006.

(68) Subpart HHH – Standards of Performance for Synthetic Fiber 

Production Facilities.

(69) Subpart III – Standards of Performance for Volatile Organic 

Compound (VOC) Emissions from the Synthetic Organic 

Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit 

Processes.
Amended 05-18-10

CC Air Quality Regulations

14-6

(70) Subpart JJJ – Standards of Performance for Petroleum Dry 

Cleaners.

(71) Subpart KKK – Standards of Performance for Equipment Leaks 

of VOC from Onshore Natural Gas Processing Plants.

(72) Subpart LLL – Standards of Performance for Onshore Natural 

Gas Processing: SO2 Emissions.

(73) Subpart NNN – Standards of Performance for Volatile Organic 

Compound (VOC) Emissions From Synthetic Organic Chemical 

Manufacturing Industry (SOCMI) Distillation Operations.

(74) Subpart OOO – Standards of Performance for Nonmetallic 

Mineral Processing Plants.

(75) Subpart PPP – Standards of Performance for Wool Fiberglass 

Insulation Manufacturing Plants.

(76) Subpart QQQ – Standards of Performance for VOC Emissions 

from Petroleum Refinery Wastewater Systems.

(77) Subpart RRR – Standards of Performance for Volatile Organic 

Compound Emissions from Synthetic Organic Chemical 

Manufacturing Industry (SOCMI) Reactor Processes.

(78) Subpart SSS – Standards of Performance for Magnetic Tape 

Coating Facilities.

(79) Subpart TTT – Standards of Performance for Industrial Surface 

Coating: Surface Coating of Plastic Parts for Business 

Machines.

(80) Subpart UUU – Standards of Performance for Calciners and 

Dryers in Mineral Industries.

(81) Subpart VVV – Standards of Performance for Polymeric Coating 

of Supporting Substrates Facilities.

(82) Subpart WWW – Standards of Performance for Municipal Solid 

Waste Landfills.

(83) Subpart AAAA – Standards of Performance for Small Municipal 

Waste Combustion Units for Which Construction is Commenced 

After August 30, 1999 or for Which Modification or 

Reconstruction is Commenced After June 6, 2001.
Amended 05-18-10

CC Air Quality Regulations

14-7

(84) Subpart BBBB – Emission Guidelines and Compliance Times 

for Small Municipal Waste Combustion Units Constructed On or 

Before August 30, 1999.

(85) Subpart CCCC – Standards of Performance for Commercial and 

Industrial Solid Waste Incineration Units for Which Construction 

is Commenced After November 30, 1999 or for Which 

Modification or Reconstruction is Commenced on or After June 

1, 2001.

(86) Subpart DDDD – Emissions Guidelines and Compliance Times 

for Commercial and Industrial Solid Waste Incineration Units

that Commenced Construction On or Before November 30, 

1999.

(87) Subpart EEEE – Standards of Performance for Other Solid 

Waste Incineration Units for Which Construction is Commenced 

After December 9, 2004, or for Which Modification or 

Reconstruction is Commenced on or After June 16, 2006.

(88) Subpart FFFF – Emission Guidelines and Compliance Times for 

Other Solid Waste Incineration Units That Commenced 

Construction On or Before December 9, 2004.

(89) Subpart HHHH – Emissions Guidelines and Compliance Times 

for Coal-Fired Electric Steam Generating Units.

(90) Subpart IIII – Standards of Performance for Stationary 

Compression Ignition Internal Combustion Engines.

(91) Subpart JJJJ – Standards of Performance for Stationary Spark 

Ignition Internal Combustion Engines.

(92) Subpart KKKK – Standards of Performance for Stationary 

Combustion Turbines.

(93) Appendix A – Reference Methods (Testing Procedures).

(94) Appendix B – Performance Specifications (Continuous 

Monitoring).

(95) Appendix C – Determination of Emission Rate Change.

(96) Appendix D – Required Emission Inventory Information.

(97) Appendix F – Quality Assurance Procedures.

(98) Appendix I – Removal Label and Owner’s Manual.
Amended 05-18-10

CC Air Quality Regulations

14-8

History: Amended: September 3, 1981; October 21, 1983; September 21, 1984; May 15, 1985; April 23, 

1987; January 25, 1990; May 27, 1993; November 18, 1993; January 23, 1997; August 26, 1999; 

February 20, 2001; June 3, 2003; July 1, 2004; May 18, 2010.
Amended 02/10/12 

CC Air Quality Regulations 

18-1 

SECTION 18: PERMIT AND TECHNICAL SERVICE FEES 

18.0 Definitions ....................................................................................................... 2

18.1 Operating Permit Issuance Fees: .................................................................... 2

18.2 Annual Emissions Unit and Annual Permit Renewal Fees: ............................. 3

18.3 Dust Control Permit Fee: ................................................................................. 5

18.4 NSR [New Source Review and/or PSD] Application Review Fee: ................... 6

18.5 Part 70 Application Review Fee: ..................................................................... 7

18.6 Annual Emission Inventory and Emission Fee: ............................................... 7

18.7 Certificate for Asbestos Removal .................................................................... 9

18.8 Certificate of Exemption (Initial): ..................................................................... 9

18.9 Certificate of Exemption (Renewal): ................................................................ 9

18.10 Transfer of a Stationary Source Operating Permit from One Person to 

Another............................................................................................................ 9

18.11 Replacement of Each Lost or Destroyed Operating Permit: ............................ 9

18.12 Request for Hearing before the Air Pollution Control Hearing Board ............ 10

18.13 Waiving Fees ................................................................................................. 10

18.14 Blasting Fee .................................................................................................. 10

18.15 Implosion Fee ................................................................................................ 10

18.16 Billing Procedures ......................................................................................... 10

18.17 Emission Reduction Credit (ERC) Application and Transfer Fees ................ 10

18.18 Stationary Source Inspection Fees ............................................................... 11

18.19 Stationary Source Performance Testing Fees ............................................... 11

18.20 CEMS/PEMS/RATA Fees ............................................................................. 12

18.21 Adjusted Fee Rates ....................................................................................... 13
Amended 02/10/12 

CC Air Quality Regulations 

18-2 

18.0 Definitions 

For the purposes of assessing fees pursuant to Section 18, the following terms will 

be defined as follows: 

(a) “Authority To Construct Certificate” means a certificate issued, after the 

review of a new or modified stationary source, which constitutes approval 

to commence construction or modification of such source. 

(b) “Complex Source” means, for purposes of annual permit renewal fees, 

any source with a potential to emit greater than 25 tons per year for any 

regulated air pollutant or greater than 40 tons per year combination of 

regulated air pollutants and that does not qualify as a major stationary 

source as defined in Section 18.22(c). For the purposes of this Section, 

“regulated air pollutant” is defined according to its definition in Section 0. 

(c) “Major Stationary Source” for the purposes of Section 18, shall be defined 

according to its definition in Section 12.2.2(ff), 12.3.2(y), or 40 CFR 70.2, 

as applicable. 

(d) “Operating Permit” means a document issued and signed by the Control 

Officer, authorizing, with conditions, the operation of a stationary source 

that emits any regulated air pollutant. 

(e) “Significant Source” means, for the purposes of annual permit renewal 

fees, any source with a potential to emit greater than 10 tons per year for 

any single regulated air pollutant and that does not qualify as a complex or 

major stationary source. 

18.1 Operating Permit Issuance Fees: 

18.1.1 Operating Permit issued pursuant to Section 12.1 or 12.11: 

This permit is issued for any new or modified stationary

source that is not subject to the Part 70 Operating Permit 

requirements of Section 12.5 and is required to operate under 

a permit issued by the Control Officer. 

$133.00

 

18.1.2 Operating Permit issued pursuant to Section 12.5: 

This permit is issued to any new or modified stationary source 

subject to the Part 70 program. 

Free

 
Amended 02/10/12 

CC Air Quality Regulations 

18-3 

18.2 Annual Emissions Unit and Annual Permit Renewal Fees: 

These fees are assessed on each emissions unit and each Operating Permit each 

calendar year. 

18.2.1 Each process equipment, except as otherwise listed in this 

section. 

$226.00

 

18.2.2 Each storage silo. $111.00

18.2.3 Each stationary tank, reservoir, or other container

exceeding 40,000 gallons capacity containing any 

petroleum product having a vapor pressure of 1.5 pounds 

per square inch absolute or greater at standard 

temperature and pressure. 

$302.00

 

18.2.4 Each gasoline storage tank equipped with Stage I Vapor 

Recovery or Stage II Vapor Recovery equipment at any 

Gasoline Dispensing Facility including bulk plants but 

excluding bulk terminals.

$56.00

 

18.2.5 Each Heated Asphalt Storage Tank. $57.00

 

18.2.6 Each Stationary Internal Combustion engine, including 

microturbines up to 2.5MW, that meets the definition of a 

stationary source, except as required in subsection 18.2.7 

shall pay the following fee: 

 

 35-350 HP 351-800 HP 801-1500 HP 1501 HP and up 

 $327.00 $654.00 $1,307.00 $1,962.00 

 

18.2.7 Each Stationary Emergency Internal Combustion engine 

that has a brake horsepower rating greater than five 

hundred (500) that meets the definition of a stationary 

source shall pay the following fee: 

 

 500 to 1500 HP 1501 HP and up 

 $226.00 $654.00 

18.2.8 Each fuel burning equipment not otherwise listed in this 

section that meets the definition of a stationary source. 

$195.00

 

18.2.9 Each stationary printing press. $374.00

 
Amended 02/10/12 

CC Air Quality Regulations 

18-4 

18.2.10 Each commercial surface coating operation, including spray 

booths. In the event that spray booths are not applicable or 

required, the fee will apply to the coating process, e.g., spray 

gun, dip tank. 

$374.00

 

18.2.11 Each electrical generating or compressor turbine with a 

rating of 2.5 megawatts or larger based on ISO standard 

operating conditions at 67°F, excluding equipment fueled 

solely on gas generated within Clark County by the 

decomposition of garbage in a landfill. 

$3,919.00

 

18.2.11.1 Megawatt Equivalent Fee: (Megawatt Equivalent) x (Fee) $133.00

 

18.2.11.1.1 Each Megawatt Equivalent based on a facility total megawatt 

output of all electrical or compressor turbines with a rating of 

2.5 megawatts or larger plus all supplemental duct firing 

units and/or supplemental Heat Recovery Steam Generators 

(HRSGs), excluding equipment fueled solely on hydrogen, 

multiplied by the permitted annual hours of operation and 

divided by 8,760 hours per year. Megawatt ratings shall be 

based on ISO Standard Operating Conditions at 67°F. 

 

18.2.11.2 Each supplemental duct firing unit and/or supplemental Heat 

Recovery Steam Generator (HRSG), excluding duct-firing 

equipment fueled solely on hydrogen, or on gas generated 

within Clark County by the decomposition of garbage in a 

landfill. 

$1,307.00

 

18.2.12 Nevada Department of Transportation (NDOT) 

subcontractors shall pay equipment fees at the time of 

permit issuance. The fees shall be for the duration of the 

project, prorated on a calendar quarter basis. 

 

18.2.13 Annual Permit Renewal Fees: If more than one fee 

schedule is applicable to a permit, the governing schedule 

shall be that which results in the higher fee. 

 

18.2.13.1 Each Major Stationary Source $6,532.00

 

18.2.13.2 Each Complex Source $5,226.00

 

18.2.13.3 Each Significant Source $979.00

 

18.2.13.4 Baseline annual permit renewal applies to every permitted $66.00
Amended 02/10/12 

CC Air Quality Regulations 

18-5 

stationary source except those classified as Major, Complex,

Significant, fee exempt, or covered in another section of the 

AQRs. 

 

18.2.14 Fee exempt Free

 

18.3 Dust Control Permit Fee: 

For construction activities including surface grading and trenching that are 

permitted pursuant to Section 94. 

18.3.1 Dust Control Permit Fee - shall be determined on the number of 

acres or fraction thereof multiplied by the following: 

$144.00

 (Multiply fee by the sum of the whole number of acres plus 1.0 

acre for any fraction of an acre.) 

 

18.3.2 Dust Control Permit Modification Fee: The fee is related only to 

the processing of any dust control permit which is modified from 

the originally issued permit as per AQRs. The modified permit 

will retain the expiration date of the original dust control permit. 

$32.70

18.3.2.1 Modification in combination with additional acres: The dust 

control permit fee shall also apply, limited to the new acres. 

 

18.3.2.2 Modification in combination with additional acres where 

construction on the additional acreage commenced prior to 

submission of either a stand-alone dust control permit or the 

modification. The dust control permit late fee shall apply. 

18.3.4 Dust Control Class Card (Pursuant to Section 94): The dust 

control card will be valid for three years. 

$39.30

 

18.3.5 Dust Control Permit Late Fee: This fee will be charged for any 

construction site which commences construction activity prior 

to submitting a complete dust permit application. This fee will 

be 1.5 times the dust control permit fee as specified in this 

Section. 

$216.00

(per acre)

 
Amended 02/10/12 

CC Air Quality Regulations 

18-6 

18.3.6 Dust Control Monitor Class: The minimum fee per person for 

dust control monitor class is $500. The minimum fee for the 

department to hold a dust monitoring training class is 

$5,000.00. Any individual or company requesting the 

department to conduct a dust control monitor class with less 

than 10 fee-paying trainees will be responsible for the balance 

of the cost between paying trainees and $5,000.00. 

18.4 NSR [New Source Review and/or PSD] Application Review Fee: 

Technical preconstruction review of proposed new or modified stationary sources 

requesting an Authority To Construct Certificate 

18.4.1 NSR Application fee: All stationary sources $337.00

 

18.4.2 Publication fee for Notice of Proposed Action: (if required) Direct Cost

 

18.4.2.1 Direct cost shall mean the actual publication cost of the 

Notice of Proposed Action as invoiced by the newspaper. 

 

18.4.2.2 Notice of Proposed Action shall be initiated after the Control 

Officer receives full payment of all applicable fees from the 

applicant. 

 

18.4.3 NSR Application Review fee: 

 

18.4.3.1 NSR potential to emit (tons per year) fee shall be determined 

on annual total potential to emit for all regulated air pollutants 

multiplied by the following and rounded off to the nearest 

whole number: 

$62.00

 

18.4.3.2 NSR emissions unit fee shall be determined on the number of 

emission units multiplied by the following: 

$242.00

 

18.4.3.3 An Authority To Construct Certificate shall not be issued 

unless the Control Officer has received full payment of all 

applicable fees. 

 

18.4.3.4 The NSR Application Review Fee for Authority 

to Construct applications submitted by the 

NDOT shall be based upon the following: 

 

18.4.3.4.1 NDOT maintains the permit for the pit as a single emission 

unit and is charged for one emission unit review fee (E1). 
Amended 02/10/12 

CC Air Quality Regulations 

18-7 

18.4.3.4.2 Subcontractors applying for an operating permit pursuant to 

the NDOT ATC shall pay review fees based on emission units 

(E1) and tons of emissions (E2), but need not pay the 

application fee. 

 

18.4.3.5 Relocation Fee: Portable source move notice submittal for a 

new operating location within Clark County. 

$32.70

 

18.4.3.6 Acid Rain Permit: Associated with the requirements of Title IV 

of the 1990 Clean Air Act Amendments. 

$133.00

18.5 Part 70 Application Review Fee: 

Technical review of Part 70 Applications for new or existing stationary sources. 

18.5.1 Application fee: Major Part 70 stationary sources Free

 

18.5.2 Application fee: Non-Major Part 70 stationary sources Free

 

18.5.3 Publication fee for Notice of Proposed Action (if required): Direct Cost

 

18.5.3.1 Direct cost shall mean the actual publication cost of the 

Notice of Proposed Action as invoiced by the newspaper. 

18.6 Annual Emission Inventory and Emission Fee: 

18.6.1 Annual Emissions Inventory: 

18.6.1.1 The annual emissions inventory must be submitted to the department by 

March 31 of each calendar year. 

18.6.1.2 Actual calendar year emissions will be determined by using emission factors 

consistent with permit conditions or performance testing (whichever is most 

recent), and documented emission control factors. 

18.6.1.2.1 Each annual emission inventory shall be signed by a responsible official of 

the company attesting to the accuracy and completeness of the inventory. 

 
Amended 02/10/12 

CC Air Quality Regulations 

18-8 

18.6.2 Annual Emission Fee: 

18.6.2.1 Failure by permit holder to submit an accurate and complete actual 

emissions inventory by March 31 of each calendar year will result in 

assessment of emission fees based on facility PTE. 

18.6.2.1.1 In the event a PTE fee assessment is made and subsequently the actuals 

are discovered to be greater than the PTE, the department shall collect the 

unpaid fees as determined by the difference in emissions between actual 

and PTE multiplied by the pollutant fee rate in force at the time of the 

discovery. 

18.6.2.2 Emission fees will be determined by the Control Officer. 

18.6.2.3 In addition to the annual emissions unit fee, each major stationary source 

and each stationary source subject to federal performance standards, shall 

pay an annual Part 70 emission fee. 

18.6.2.4 The annual Part 70 emission fee shall be based on the total number of tons 

of actual annual emissions for all regulated air pollutants (rounded off to the 

nearest whole number). 

18.6.3 Actual annual emissions shall mean the following: 

18.6.3.1 Measured emissions for any emissions monitored by a continuous 

emissions monitoring system (CEMS) over the previous calendar year, or 

18.6.3.2 Estimated emissions for any emissions calculated based on annual facility 

production over the previous calendar year. 

18.6.4 Annual Part 70 emission fees: 

18.6.4.1 Annual Part 70 emission fee shall be determined on the number of tons (to 

the nearest tenth of a ton) of all regulated air pollutants, except as provided 

in Section 18.6.4.2, multiplied by the following fee: $50.00 

18.6.4.2 For the Carbon Monoxide emissions portion, the annual Part 70 emission 

fee shall be determined on the number of tons (to the nearest tenth of a ton) 

of Carbon Monoxide multiplied by the following fee: $17.00 

18.6.5 Exceptions: 

18.6.5.1 The following shall not be subject to an annual Part 70 emission fee: 
Amended 02/10/12 

CC Air Quality Regulations 

18-9 

18.6.5.1.1 Any construction activity permitted pursuant to Section 94 of the AQRs, 

18.6.5.1.2 Any Gasoline Dispensing Facility permitted pursuant to Section 12 of the 

regulations shall pay an annual emissions fee of $33.00 per ton of 

emissions, except for Carbon Monoxide, which shall be paid at $11.00 per 

ton. There will be no annual urban consumer price index fee adjustment. 

The fees assessed pursuant to Section 18.6.5.1.2 shall be reviewed every 

two (2) years, commencing in January 1999 

18.7 Certificate for Asbestos Removal: $654.00 

Fee charged on all projects that require National Emission Standards for 

Hazardous Air Pollutants (NESHAPS) notification. 

18.7.1 Post Abatement Inspection Fee: $327.00 

Fee charged for post abatement inspection of all projects that require 

National Emission Standards for Hazardous Air Pollutants (NESHAPS) 

notification. 

18.7.2 Inspection for Ongoing Asbestos Removal Projects: $327.00/wk 

Fee charged on a weekly basis for one inspection per week on all projects 

that require National Emission Standards for Hazardous Air Pollutants 

(NESHAPS) notification and which meet or exceed the regulated amounts of 

Regulated Asbestos-Containing Material (RACM). 

18.8 Certificate of Exemption (Initial): $327.00 

Hearing Board filing fee (non-refundable). (This fee is assessed one time for an 

exemption granted pursuant to Section 44 of the regulations.) 

18.9 Certificate of Exemption (Renewal): $133.00 

Air Pollution Control Hearing Board filing fee (non-refundable). (This fee is 

assessed for each subsequent exemption renewal granted pursuant to Section 44 

of the regulations.) 

18.10 Transfer of a Stationary Source Operating Permit from One 

Person to Another: $133.00 

18.11 Replacement of Each Lost or Destroyed Operating Permit: $32.70
Amended 02/10/12 

CC Air Quality Regulations 

18-10

18.12 Request for Hearing before the Air Pollution Control Hearing Board 

(fee is non-refundable): $140.00 

Applicable to each variance, appeal or compliance schedule. 

18.13 Any fees required pursuant to this section may be waived for each 

qualifying emissions unit owned and operated by local, state, and federal 

government agencies. 

18.14 Blasting Fee: $133.00 

A one-time fee for each dust permit issued with a blasting permit. 

18.15 Implosion Fee: $13,066.00

18.16 Billing Procedures 

18.16.1 Fee(s) shall be due within thirty (30) days of billing date. 

18.16.2 After forty-five (45) days from billing date, unpaid invoices shall be 

assessed a 10% late charge. 

18.16.3 Failure to pay any fee within ninety (90) days may result in a Notice of 

Violation (NOV) which may impose additional penalties and enforcement 

action up to and including permit revocation. 

18.17 Emission Reduction Credit (ERC) Application and Transfer Fees 

(a) Application for Emission Reduction Credit: Any application for ERCs 

shall be accompanied at the time of submittal of the signed application by 

a non-refundable application fee of $300.00. 

(b) Emission Reduction Credit Transfer Fee: For any request to transfer 

ERCs pursuant to Section 12.7.7, a fee of $100.00 shall be paid in full 

prior to or upon submission of the ERC transfer request. 
Amended 02/10/12 

CC Air Quality Regulations 

18-11

18.18 Stationary Source Inspection Fees 

The following stationary source inspection fee schedule (Table 18.18) outlines the 

fees associated with re-inspections for all stationary sources. These fees apply 

when a source fails an inspection, has an incomplete inspection, and requires reinspection to determine compliance status or the inspector has to return to the 

source to verify completion/compliance status due to the fault of the source. 

The initial and annual inspections are conducted with no charge (n/c) to the source. 

Note: Only the highest applicable fee category shall apply for each source. 

Table 18.18. Stationary Source Inspections Fee Schedule 

Total PTE De Minimus 

Permit 

Less than 

5 Tons 

5 Tons or 

greater 

NSPS/

NESHAPS 

Major and

Complex 

Initial/Annual 

(included in 

annual fees) 

0 * n/c n/c n/c n/c 

1st re-inspect 0 $66.00 $133.00 

without device = $327.00; 

with Control Device = 

$195.00 

$979.00 

All subsequent 

re-inspects/per 0 $133.00 $262.00 

without device = $654.00; 

with Control Device = 

$394.00 

$1,962.00 

* n/c = no charge. 

18.19 Stationary Source Performance Testing Fees 

The following stationary source performance test (P/T) fee schedule (Table 18.19) 

outlines the fees for all stationary sources. These fees apply when the source is 

required to conduct a performance test to determine compliance status. The 

associated fees are on a per protocol basis and shall be invoiced for all 

performance test(s) which is/are outlined in each of the required performance test 

protocol. 

Performance test fees include the protocol and final report review and covers any 

on-site time by the department, if required. 

Note: Only the highest applicable fee category shall apply for each source. 

 
Amended 02/10/12 

CC Air Quality Regulations 

18-12

Table 18.19. Stationary Source Performance Test (P/T) Fee Schedule 

Total PTE De Minimus 

Permit 

Less than 

5 tons 

5 Tons or 

greater NSPS/NESHAPS Major and

Complex 

Initial/Annual P/T 

(includes protocol/report review) 

(per protocol submittal) 

0 $66.00 $133.00 $654.00 $1,962.00 

1st re-test 

(on-site, problems/delays) 0 $66.00 $133.00 $327.00 $979.00 

All subsequent re-tests/per 

(on-site, problems/delays) 0 $133.00 $262.00 $1,307.00 $3,919.00 

18.20 CEMS/PEMS/RATA Fees 

The following stationary source performance specification (PS) testing and 

continuous emissions monitoring system (CEMS) fee schedule (Table 18.20) 

outlines the fees associated for all stationary sources performance specification test 

(PS) and continuous emissions monitoring systems (CEMS), including predictive 

emissions monitoring systems (PEMS), and relative accuracy test audits (RATAs) 

where the source is required to conduct a performance test/audit to determine 

compliance status. The associated fees are on a per protocol basis and shall be 

invoiced for all performance tests/audits and include the QA/QC review for all 

CEMS/PEMS initial equipment review. 

Performance Specification (PS) test/audit fees include the protocol and final report 

review and covers any on-site time by the department, if required. 

Table 18.20. Stationary Source CEMS Performance Specification Tests (PS), PEMS, and 

RATA Fees 

Test Fee 

Initial CEMS Certification Test 

(includes protocol/report and QA/QC document review) 

(per protocol submittal) 

$1,962.00 

1st re-test 

(on-site, problems/delays) $979.00 

All subsequent re-tests/per 

(on-site, problems/delays) $1,962.00 

Annual RATA/ PEMS 

(includes protocol/ report review) 

(per protocol submittal) 

$654.00 

1st re-test 

(on-site, problems/delays) $327.00 

All subsequent re-tests/per 

(on-site, problems/delays) $654.00 
Amended 02/10/12 

CC Air Quality Regulations 

18-13

18.21 Effective each January 20, all Section 18 fee rates except for the following 

shall be adjusted according to the relative percent change from the 

previous calendar year in the Urban Consumer Price Index (CPI-U), which 

is published by the U. S. Department of Labor, Bureau of Labor Statistics: 

 Gasoline storage tank at Gasoline Dispensing Facilities 

 Dust Control Monitor Certificate 

 Hearing request before Hearing Board

18.21.1 CPI Calculation Example: 

Assume last year’s CPI average = 224.939 

Assume previous year’s CPI average = 218.056 

The relative percent change (RPC) for current year is: 

RPC = [(Avg CPI last year/ Avg CPI previous year)-1]*100

RPC = [(224.939/218.056)-1]*100 

RPC = 3.16% 

Assume current fee of a Permit is $129.00 

New Fee = [Current fee x (1+RPC)] 

New Fee = $129*1.0316=$133.00 

Note: Fees < $50 are rounded to nearest $0.10. 

Fees > $50 are rounded to nearest $1.00. 

History: Amended: September 25, 1980; September 3, 1981; April 23, 1987; November 15, 1990; July 25, 1991; May 28, 

1992; August 26, 1993; September 28, 1995; December 19, 1996; April 24, 1997; December 14, 2000; January 

21, 2003; June 3, 2003; July 1, 2004; January 20, 2005; January 20, 2006; January 22, 2007; January 22, 2008; 

January 27, 2009; January 25, 2010; October 5, 2010; February 14, 2011; February 10, 2012. 
Amended 07/01/04 21-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 21 - ACID RAIN PERMITS

21.1 WHEREAS, The Clark County Board of County Commissioners, is responsible 

for control of pollutants discharged into the air; and 

WHEREAS, Air Quality Control Standards and Regulations have been adopted 

by said Board pursuant to NRS 445 for the purpose, among others, of limiting 

contaminant EMISSIONS from existing, MODIFIED or new sources handling or 

processing HAZARDOUS AIR POLLUTANTS; and 

WHEREAS, it is a public policy of Clark County and the purpose of the 

Department of Air Quality and Environmental Management's Air Quality 

Regulations to review and approve existing, MODIFIED and new sources of AIR 

POLLUTION, only if the EMISSION standards are or can be met; and air quality 

standards will not be violated; and 

WHEREAS, the United States Environmental Protection Agency has adopted 

certain general provisions and OPERATING PERMIT requirements for affected 

sources and affected units under the Acid Rain Program, pursuant to Title IV of 

the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 

[November 15, 1990]; and 

WHEREAS, it is the Department's belief that review and approval of existing, 

MODIFIED or new sources is best managed at the local level. 

NOW, THEREFORE, the provisions of Part 72, Chapter I, Title 40, Code of 

Federal Regulations, as indexed below, are hereby adopted by reference and 

made a part hereof as if fully set forth. Any final revisions to an existing subpart 

that are promulgated by the United States Environmental Protection Agency are 

hereby adopted by reference and made a part hereafter as if fully set forth. Any 

new subparts to Part 72 that are promulgated by the United States 

Environmental Protection Agency after the effective date of this Section shall be 

subject to review and adoption by the Clark County Board of County 

Commissioners prior to becoming part of these Regulations. The term 

“permitting authority” shall mean the Clark County Board of County 

Commissioners, and the term “ADMINISTRATOR”, as defined in part 72, shall 

mean the ADMINISTRATOR of the United States Environmental Protection Agency. 
Amended 07/01/04 21-2 

CC Air Quality Regulations 

If the provisions or requirements of this section conflict with or are not included in 

the procedural requirement of section 19, the provisions and requirements of this 

section shall apply and take precedence. 

21.2.3 Subpart A - Acid Rain Program General Provisions 

21.2.3 Subpart B - DESIGNATED REPRESENTATIVE

21.2.3 Subpart C - Acid Rain Applications 

21.2.4 Subpart D - Acid Rain Compliance Plan and Compliance Options 

21.2.5 Subpart E - Acid Rain Permit Contents 

21.2.6 Subpart F - Federal Acid Rain Permit Issuance Procedures 

21.2.7 Subpart G - Acid Rain Phase II Implementation 

21.2.8 Subpart H - PERMIT REVISIONS

21.2.9 Subpart I - Compliance Certification 

21.3 Any PERSON subject to this Section must also comply with all other 

requirements of these Regulations. If there is inconsistency between 

standards or requirements, the most stringent standard or requirements 

shall apply. 

21.4 All requests, reports, applications, submittals, and other communications, 

pursuant to this Section, shall be addressed to: CONTROL OFFICER, 

Department of Air Quality and Environmental Management, 500 S. Grand 

Central Parkway, Las Vegas, Nevada 89155. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995. 

 Amended: February 20, 2001; June 3, 2003; July 1, 2004. 
Amended 07/01/04 22-1 

CC Air Quality Regulations 

 CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 22 - ACID RAIN CONTINUOUS EMISSION MONITORING

22.1 WHEREAS, The Clark County Board of County Commissioners is responsible 

for control of pollutants discharged into the air; and 

WHEREAS, Air Quality Standards and Regulations have been adopted by said 

Board pursuant to NRS 445 for the purpose, among others, of limiting 

contaminant EMISSIONS from existing, MODIFIED or new sources handling or 

processing HAZARDOUS AIR POLLUTANTs; and 

WHEREAS, it is a public policy of Clark County and the purpose of the 

Department of Air Quality and Environmental Management's Regulations to 

review and approve existing, MODIFIED and new sources of AIR POLLUTION, only if 

the EMISSION standards are or can be met; and air quality standards will not be 

violated; and 

WHEREAS, the United States Environmental Protection Agency has adopted 

standards for the monitoring, recordkeeping, and reporting of sulfur dioxide, 

nitrogen oxides and carbon dioxide EMISSIONS, volumetric flow, and OPACITY data 

from AFFECTED UNITS under the Acid Rain Program pursuant to Sections 412 and 

821 of the Clean Air Act, 42 U.S.C. 7401-7671, et. seq., as amended by Public 

Law 101-549 [November 15, 1990]; and 

WHEREAS, it is the Department of Air Quality and Environmental 

Management's belief that review and approval of existing, MODIFIED or new 

sources is best managed at the local level. 

NOW, THEREFORE, the provisions of Part 75, Chapter I, Title 40, Code of 

Federal Regulations, as indexed below, are hereby adopted by reference and 

made a part hereof as if fully set forth. Any final revisions to an existing subpart 

that are promulgated by the United States Environmental Protection Agency are 

hereby adopted by reference and made a part hereafter as if fully set forth. Any 

new subparts to Part 75 that are promulgated by the United States 

Environmental Protection Agency after the effective date of this Section shall be 

subject to review and adoption by the Clark County Board of County 

Commissioners prior to becoming part of these Regulations. The term 

“permitting authority” shall mean the Clark County Board of County 
Amended 07/01/04 22-2 

CC Air Quality Regulations 

Commissioners and the term “ADMINISTRATOR”, as defined in part 72, shall mean 

the ADMINISTRATOR of the United States Environmental Protection Agency. 

22.2.1 Subpart A - General 

22.2.2 Subpart B - Monitoring Provisions 

22.2.3 Subpart C - Operation and Maintenance Requirements 

22.2.4 Subpart D - Missing Data Substitution Procedures 

22.2.5 Subpart E - Alternative Monitoring Systems 

22.2.6 Subpart F - Recordkeeping Requirements 

22.2.7 Subpart G - Reporting Requirements 

22.3 Any person subject to this Section must also comply with all other 

requirements of these Regulations. If there is inconsistency between 

standards or requirements, the most stringent standard or requirements 

shall apply. 

22.4 All requests, reports, applications, submittals, and other communications, 

pursuant to this Section, shall be addressed to: Control Officer, 

Department of Air Quality and Environmental Management, 500 S. Grand 

Central Parkway, Las Vegas, Nevada 89155. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995 

 Amended: April 9, 2001; June 3, 2003; July 1, 2004. 
Amended 05-18-10

CC Air Quality Regulations

25-i

SECTION 25: AFFIRMATIVE DEFENSE FOR EXCESS EMISSIONS DUE TO 

MALFUNCTIONS, STARTUP, AND SHUTDOWN

25.1 Applicability ..................................................................................................... 1

25.2 Affirmative Defense for Malfunctions............................................................... 1

25.3 Affirmative Defense for Startup and Shutdown ............................................... 2

25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance............ 3

25.5 Demonstration of Reasonable and Practicable Measures .............................. 3

25.6 Reporting of Excess Emissions....................................................................... 3
Amended 05-18-10

CC Air Quality Regulations

25-1

25.1 Applicability

25.1.1 Section 25 establishes affirmative defenses for certain emissions in excess 

of an emission standard or limitation and applies to all emission standards 

or limitations except for the following standards or limitations:

(a) Promulgated pursuant to Sections 111 or 112 of the Act;

(b) Promulgated pursuant to Titles IV or VI of the Act;

(c) Contained in any Prevention of Significant Deterioration Authority to 

Construct Permit or Nonattainment Area New Source Review (NSR) 

Authority to Construct Permit issued directly by EPA; or 

(d) Included in an Authority to Construct Permit in order to satisfy the 

requirements of Section 12.2.10.

25.2 Affirmative Defense for Malfunctions

25.2.1 Emissions in excess of an applicable emission limitation due to a 

malfunction shall constitute a violation. The owner or operator of a source 

with emissions in excess of an applicable emission limitation due to 

malfunction has an affirmative defense to a civil or administrative 

enforcement proceeding based on that violation, other than a judicial action 

seeking injunctive relief, if the owner or operator of the source has complied 

with the reporting requirements of Section 25.6 and has demonstrated all of 

the following:

(a) The excess emissions resulted from a sudden and unavoidable 

breakdown of process equipment or air pollution control equipment 

beyond the reasonable control of the operator;

(b) The air pollution control equipment, process equipment, or processes 

were at all times maintained and operated in a manner consistent 

with good practice for minimizing emissions;

(c) If repairs were required, the repairs were made in an expeditious 

fashion when the applicable emission limitations were being 

exceeded. Off-shift labor and overtime were utilized where 

practicable to ensure that the repairs were made as expeditiously as 

possible. If off-shift labor and overtime were not utilized, the owner or 

operator satisfactorily demonstrated that the measures were 

impracticable;

(d) The amount and duration of the excess emissions (including any 

bypass operation) were minimized to the maximum extent practicable 

during periods of such emissions;
Amended 05-18-10

CC Air Quality Regulations

25-2

(e) All reasonable steps were taken to minimize the impact of the excess 

emissions on ambient air quality;

(f) The excess emissions were not part of a recurring pattern indicative 

of inadequate design, operation, or maintenance;

(g) During the period of excess emissions there were no exceedances of 

the relevant ambient air quality standards established in Section 11 

that could be attributed to the emitting source;

(h) The excess emissions did not stem from any activity or event that 

could have been foreseen and avoided, or planned, and could not 

have been avoided by better operations and maintenance practices;

(i) All emissions monitoring systems were kept in operation if at all 

practicable; and

(j) The owner or operator’s actions in response to the excess emissions 

were documented by contemporaneous records.

25.3 Affirmative Defense for Startup and Shutdown

25.3.1 Except as provided in Section 25.3.2, and unless otherwise provided for in 

the applicable requirement, emissions in excess of an applicable emission 

limitation due to startup and shutdown shall constitute a violation. The 

owner or operator of a source with emissions in excess of an applicable 

emission limitation due to startup and shutdown has an affirmative defense 

to a civil or administrative enforcement proceeding based on that violation, 

other than a judicial action seeking injunctive relief, if the owner or operator 

of the source has complied with the reporting requirements of Section 25.6 

and has demonstrated all of the following:

(a) The excess emissions could not have been prevented through 

careful and prudent planning and design;

(b) If the excess emissions were the result of a bypass of control 

equipment, the bypass was unavoidable to prevent loss of life, 

personal injury, or severe damage to air pollution control equipment, 

production equipment, or other property;

(c) The source’s air pollution control equipment, process equipment, or 

processes were at all times maintained and operated in a manner 

consistent with good practice for minimizing emissions;

(d) The amount and duration of the excess emissions (including any 

bypass operation) were minimized to the maximum extent practicable 

during periods of such emissions;
Amended 05-18-10

CC Air Quality Regulations

25-3

(e) All reasonable steps were taken to minimize the impact of the excess 

emissions on ambient air quality;

(f) During the period of excess emissions there were no exceedances of 

the relevant ambient air quality standards established in Section 11 

that could be attributed to the emitting source;

(g) All emissions monitoring systems were kept in operation if at all 

practicable; and

(h) The owner or operator’s actions in response to the excess emissions 

were documented by contemporaneous records.

25.3.2 If excess emissions occur due to a malfunction during routine startup and 

shutdown, then those instances shall be treated as other malfunctions 

subject to Section 25.2.

25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance

If excess emissions occur due to a malfunction during scheduled maintenance, 

then those instances will be treated as other malfunctions subject to Section 

25.2.

25.5 Demonstration of Reasonable and Practicable Measures

For an affirmative defense under Section 25, the owner or operator of the source 

shall demonstrate, through submission of the data and information required by 

Section 25.6, that all reasonable and practicable measures within the owner or 

operator’s control were implemented to prevent the occurrence of the excess 

emissions.

25.6 Reporting of Excess Emissions

25.6.1 The owner or operator of any source required to obtain a permit under 

Section 12 shall report to the Control Officer emissions in excess of an 

applicable requirement or the emission limits prescribed by the permit. The 

report shall be in two (2) parts:

(a) Notification by telephone, facsimile or electronic mail within twentyfour (24) hours of the time the owner or operator first learns of the 

excess emissions; 

(b) Written notification by submission of an excess emission report 

containing the information required by Section 25.6.3 within seventytwo (72) hours of the notification required by paragraph (a) above.
Amended 05-18-10

CC Air Quality Regulations

25-4

25.6.2 The owner or operator of any source required to obtain a permit under 

Section 12 shall report to the Control Officer emissions that are in excess of 

an applicable requirement or emission limit that pose a potential imminent 

and substantial danger to public health, safety or the environment as soon 

as possible, but in no case later than twelve (12) hours after the deviation is 

discovered, with a written report submitted within two (2) days of the 

occurrence.

25.6.3 An excess emission report shall contain the following information:

(a) The identity of each stack or other emission point where the excess 

emissions occurred;

(b) The magnitude of the excess emissions expressed in the units of the 

applicable emission limitation and the operating data and calculations 

used in determining the magnitude of the excess emissions;

(c) The time and duration or expected duration of the excess emissions;

(d) The identity of the equipment from which the excess emissions 

emanated;

(e) The nature and cause of the emissions;

(f) The steps taken if the excess emissions were the result of a 

malfunction, to remedy the malfunction and the steps taken or 

planned to prevent the recurrence of the malfunctions;

(g) The steps that were or are being taken to limit the excess emissions; 

and

(h) If the source's permit contains procedures governing source 

operation during periods of startup or malfunction and the excess 

emissions resulted from startup or malfunction, a list of the steps 

taken to comply with the permit procedures.

25.6.4 In the case of continuous or recurring excess emissions, the notification 

requirements of Sections 25.6.1 and 25.6.2 shall be satisfied if the source 

provides the required notification after excess emissions are first detected 

and includes in the notification an estimate of the time the excess emissions 

will continue. Excess emissions occurring after the estimated time period or 

changes in the nature of the emissions as originally reported shall require 

additional notification pursuant to Sections 25.6.1 and 25.6.2.

History: Amended: March 27, 1980; September 3, 1981; April 21, 1983; July 8, 1985; November 18, 1993; December 

19, 1996; April 9, 2001; June 3, 2003; July 1, 2004; May 18, 2010. 
Amended 12/30/08 26-1 

CC Air Quality Regulations 

CLARK COUNTY 

 AIR QUALITY REGULATIONS 

SECTION 26 - EMISSION OF VISIBLE AIR CONTAMINANTS

26.1.1 Unless otherwise specified in Subsection 26.2 or other Sections of these 

Regulations, no PERSON shall cause, suffer, allow or permit the discharge into 

the atmosphere, from an EMISSIONS UNIT, any air contaminant in excess of an 

average of 20 percent OPACITY for a period of more than 6 consecutive 

minutes.

 

26.2 Source Specific Opacity Limits

26.2.1 For any chemical process EMISSION UNITS commencing operation or 

modification after January 1, 1981 and for which one or more of the following 

compounds are manufactured: titanium, titanium tetrachloride, magnesium, 

magnesium chloride, manganese dioxide, and boron trichloride, the OPACITY

shall not exceed an average of 10 percent for a period of more than 6 

consecutive minutes. 

26.2.2 No PERSON shall cause, suffer, allow or permit the discharge into the 

atmosphere from any INCINERATOR, any air contaminants in excess of an 

average of 5 percent OPACITY for a period of more than 6 consecutive 

minutes and no single reading shall exceed 20 percent opacity. 

26.3 Exemptions to Subsections 26.1:

26.3.1 Smoke from fires or from fire training as allowed in Section 42 herein; 

 

26.3.2 Where presence of uncombined water is the only reason for the failure of an 

EMISSION to meet the limitations herein; and 

26.3.3 Smoke discharged in the course of training individuals to observe visible 

EMISSIONs, if written permission is obtained from the CONTROL OFFICER

specifying the times and dates of such training. 

-----------------------------------------------------------------------------------------------------------------------------

History: Initial Adoption: 

 Amended: April 26, 1983; July 8, 1985; April 9, 2001; December 2, 2003, July 1, 2004, 

 December 30, 2008 
______________________________________________________________________ 

Amended 07/01/04 27-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 27 - PARTICULATE MATTER FROM PROCESS 

WEIGHT RATE

27.1 For purposes of the Regulation, the total process weight from all similar 

process units at a plant or premises shall be used for determining the 

maximum allowable emission of particulate matter. The process weight rate 

shall be the equipment manufacturer's or designer's guaranteed maximum 

input, whichever is greater. 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 definition, the interpretation that results in the minimum value for 

allowable emission shall apply. 

27.2 No person may discharge in any one hour, from any source with process 

weight in the following range, dust or fumes from a stack or stacks in total 

quantities in excess of the amount shown in the following table. (Table 27-1) 

27.3 For the purpose of establishing allowable emission limits for approval of new 

or modified sources of particulate matter the values of Table 27-1 can be used 

in absence of more stringent emission limits. 

27.4 Where the process weight per hour falls between figures in the left-hand 

column the exact weight of permitted discharge may be interpolated. 
______________________________________________________________________ 

Amended 07/01/04 27-2 

CC Air Quality Regulations 

TABLE 27-1

 PROCESS MAXIMUM WEIGHT 

 WT/HR DISCHARGE/HOUR

 KG (lbs) KG (lbs)

 25 ( 55) 0.12 (0.26) 

 50 ( 110) 0.23 (0.51) 

 100 ( 220) 0.43 (0.94) 

 150 ( 330) 0.58 (1.27) 

 200 ( 440) 0.73 (1.60) 

 250 ( 550) 0.86 (1.89) 

 300 ( 660) 0.97 (2.14) 

 350 ( 770) 1.08 (2.38) 

 400 ( 880) 1.17 (2.58) 

 450 ( 990) 1.26 (2.78) 

 500 ( 1100) 1.35 (2.97) 

 550 ( 1210) 1.42 (3.13) 

 600 ( 1320) 1.50 (3.29) 

 650 ( 1430) 1.56 (3.44) 

 700 ( 1540) 1.63 (3.59) 

 750 ( 1650) 1.70 (3.73) 

 800 ( 1760) 1.75 (3.86) 

 850 ( 1870) 1.81 (3.99) 

 900 ( 1980) 1.87 (4.12) 

 1000 ( 2200) 1.97 (4.34) 

 1500 ( 3300) 2.44 (5.36) 

 2000 ( 4400) 2.83 (6.22) 

 3000 ( 6600) 3.54 (7.78) 

 4000 ( 8800) 4.20 (9.23) 

 5000 (11000) 4.83 (10.63) 

 6000 (13200) 5.46 (12.01) 

 7000 (15400) 6.08 (13.37) 

 8000 (17600) 6.70 (14.73) 

 9000 (19800) 7.30 (16.07) 

 10000 (22000) 8.10 (17.81) 

 20000 (44000) 13.95 (30.70) 

 27300 (60000) Or More 18.18 (40.00) 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: September 3, 1981; April 9, 2001; June 3, 2003; July 1, 2004. 
Amended 07/01/04 28-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 28 - FUEL BURNING EQUIPMENT

28.1 General Provisions

28.1.1 This regulation applies to installation in which FUEL is burned for the primary 

purpose of producing heat or power by indirect heat transfer in which the 

products of combustion do not come into direct contact with other materials. 

FUELS include those such as coke, coal, lignite, coke breeze, FUEL OIL, and 

wood, but do not include refuse. When any products or by-products of a 

manufacturing process are burned for the same purpose or in conjunction 

with any FUEL, the same maximum emission limitations shall apply. 

28.1.2 The heat content of coal shall be determined according to ASTM method 

D-271-64 Laboratory Sampling and Analysis of Coal or Coke or ASTM 

method D-2015-62T gross calorific value of solid fuel by the Adiabatic Bomb 

Calorimeter, which publications are made a part of this section by reference. 

28.1.3 For purposes of this regulation the heat input shall be the aggregate heat 

content of all FUELs whose products of combustion pass through a stack or 

stacks. The heat input value used shall be the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater. The total heat 

input of all FUEL-BURNING UNITS on a plant or premises shall be used for 

determining the maximum allowable amount of PARTICULATE MATTER which 

may be EMITTED. 

28.1.4 The amount of PARTICULATE MATTER EMITTED shall be measured according 

to the American Society of Mechanical Engineers' Power Test Codes 

PTC-27, dated 1957 entitled, "Determining Dust Concentrations in a Gas 

Stream," which publication is made a part of this section by reference. The 

CONTROL OFFICER may modify this testing procedure or specify the use of 

more current procedures in accordance with good professional practice. 

28.2 Emission Limitations 

28.2.1 No PERSON shall cause or permit the EMISSION of PARTICULATE MATTER from 

any FUEL-BURNING EQUIPMENT in excess of the quantity set forth in the 

following table: 
Amended 07/01/04 28-2 

CC Air Quality Regulations 

 Maximum allowable rate of 

 EMISSION of PARTICULATE

 Heat input, millions of MATTER, pounds per million 

 BRITISH THERMAL UNITS BRITISH THERMAL UNITS of 

 per hour heat 

 ------------------------------ -------------------------------------- 

 10 0.600 

 50 0.412 

 100 0.352 

 500 0.242 

 1,000 0.207 

 4,000 0.150 

 8,000 0.102 

 10,000 0.0904 

 15,000 0.0717 

 20,000 0.0607 

 40,000 0.0409 

 50,000 0.0358 

 100,000 0.0243 

28.2.2 Maximum allowable EMISSION rates of PARTICULATE MATTER for heat input 

greater than 10 million but less than 4000 million BTU per hour shall be 

determined by using the equation Y = 1.02 X-0.231. Maximum allowable 

EMISSION rates of PARTICULATE MATTER for heat inputs equal to or greater 

than 4000 million BTU per hour shall be determined by using the equation Y 

= 17.0 X-0.568 where Y = allowable rate of EMISSION in pounds per million BTU 

and X = maximum heat input in millions of BTU per hour. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: April 23, 1987; April 24, 2001; June 3, 2003; July 1, 2004. 
Amended 07/01/04 32-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 32 - REDUCTION OF ANIMAL MATTER

32.1 The operation of any article, machine, equipment or other contrivance for the 

reduction of animal matter is prohibited unless all GASES, VAPORS and 

gas-entrained effluents are: 

32.1.1 INCINERATED at temperatures of not less than 1400o F. for not less than 0.3 

seconds; or 

32.1.2 Processed in a manner determined by the CONTROL OFFICER to be equally 

efficient. 

32.2 This regulation does not apply to any article, machine, equipment or other 

contrivance used exclusively for the processing of food for human 

consumption. 

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Amended 07/01/04 33-1 

CC Air Quality Regulations

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 33 - CHLORINE IN CHEMICAL PROCESSES

33.1 Applicability

 This section applies to any STATIONARY SOURCE in Clark County which OPERATES a 

CHEMICAL PROCESS in which molecular chlorine gas is generated. Hereafter, 

"chlorine" will mean molecular chlorine gas. 

33.2 Performance Standard 

 The POTENTIAL TO EMIT for chlorine from all EMISSION UNITS related to a specific 

CHEMICAL PROCESS shall be less than one pound per hour. 

33.3 Determination of Potential to EMIT

33.3.1 Within 30 days of the date these regulations become effective, each OWNER

OR OPERATOR of a STATIONARY SOURCE subject to this section shall submit to 

the CONTROL OFFICER, a written estimate of the POTENTIAL TO EMIT for 

chlorine. The estimate shall include the basis and method of calculation. 

33.3.2 Upon receipt of such estimate, the CONTROL OFFICER shall review the same 

to determine whether the estimate is accurate and supported by available 

data. If the estimate is acceptable, the CONTROL OFFICER shall so notify the 

OWNER OR OPERATOR within 20 days of receipt of the estimate. If the 

estimate is not acceptable, the CONTROL OFFICER shall make an independent 

estimate of the POTENTIAL TO EMIT, showing his basis and method of 

calculation. Such independent estimate shall be served upon the OWNER OR

OPERATOR within 30 days after receipt of the estimated POTENTIAL TO EMIT. 

The OWNER OR OPERATOR may appeal the independent estimate of the 

CONTROL OFFICER to the AIR Pollution Control HEARING BOARD by serving a 

written notice of appeal upon the CONTROL OFFICER within 20 days after 

receipt of the CONTROL OFFICER’S independent estimate. In the event no 

such appeal is filed, the CONTROL OFFICER’S independent estimate shall 

become final and binding for the purpose of this section. 

 In the event an appeal is considered, the Air Pollution Control HEARING

BOARD shall review the OPERATOR's original estimate, the CONTROL

OFFICER’S independent estimate, the bases and methods of calculations 

used by each party, and shall make a final determination of the POTENTIAL TO

EMIT for the purpose of this Section 33. 
Amended 07/01/04 33-2 

CC Air Quality Regulations

33.4 Monitoring Compliance at existing sources with a Potential to EMIT not greater 

than the Performance Standard 

33.4.1 To assure compliance with the Performance Standard, conditions for the 

OPERATING PERMITS shall include numerical standards which can be routinely 

monitored. The numerical standards shall be the criteria regulating chlorine 

EMISSIONS from that STATIONARY SOURCE. For EMISSION UNITS in which the 

chlorine is released through a stack or vent pipe, hereinafter called Type 1 

EMISSION UNITS, the numerical standard shall be equal to the Performance 

Standard. For EMISSION UNITS in which the chlorine is not released through a 

stack or vent pipe, or in which the EMISSIONS from the process equipment 

area are not detectable, hereinafter called Type 2 EMISSION UNITS, the 

numerical standard shall be a quantitative measurement which can be 

performed during an inspection by the CONTROL OFFICER or his 

representative. An example of a quantitative measurement is to measure for 

chlorine, within one to five meters of the equipment in which chlorine is being 

processed, with a multi-stroke gas sampling pump equipped with a rapid 

analysis calibrated detector tube. 

33.4.2 Each OWNER OR OPERATOR shall submit to the CONTROL OFFICER for his 

approval, a plan for monitoring compliance with numerical standard. The 

plan shall be submitted within 30 days of the date of final determination of the 

POTENTIAL TO EMIT. 

 1) For Type 1 EMISSION UNITS, the plan shall recommend design of the 

sampling method and describe sampling procedures and equipment. 

 2) For Type 2 EMISSION UNITS, the plan shall propose a numerical 

standard and a procedure for measuring it. The plan may discuss a 

sampling protocol to be implemented in the event that the numerical 

standard is exceeded. The plan may discuss a method for measuring 

background concentrations. 

33.4.3 On or before September 1, 1984, the CONTROL OFFICER shall issue the new 

OPERATING PERMIT conditions. These will include numerical standards and a 

description of the monitoring method. 

33.5 Existing sources with a POTENTIAL TO EMIT greater than the Performance 

Standard 

33.5.1 If the POTENTIAL TO EMIT exceeds the Performance Standard, each OWNER 

OR OPERATOR of such an existing source shall: 

 1) submit for approval, a proposed chlorine EMISSIONS monitoring plan. 

The plan shall: 

 a) specify the design and frequency of sampling to allow 

estimation of the annual average actual EMISSIONS from the 
Amended 07/01/04 33-3 

CC Air Quality Regulations

chemical process. This shall be submitted within 60 days of 

the date of final determination of the potential to EMIT; 

 b) provide for observation and direct participation by the 

Department of Air Quality and Environmental Management 

during testing; and 

 c) provide for a monitoring report to be submitted to the CONTROL 

OFFICER each year; and 

 2) submit for approval, a proposed Performance Standard compliance 

plan in accordance with the requirements set forth in Subsection 33.7. 

This shall be submitted within 90 days of the date of final 

determination of the potential to EMIT. 

33.5.2 The CONTROL OFFICER shall approve, or modify the chlorine EMISSIONS

monitoring plan and the Performance Standard compliance plan, and notify 

the OWNER OR OPERATOR within 30 days from the date of receipt of same. 

Any modification or rewriting shall become final and binding if the 

modification or rewriting is not appealed to the Air Pollution Control Hearing 

Board within 10 days from written service of same. 

33.5.3 The CONTROL OFFICER shall issue temporary OPERATING PERMITS for the 

applicable chemical process with permit conditions incorporating the 

implementation of the chlorine emissions monitoring plan and the approved 

Performance Standard compliance plan as finally approved. 

33.6 Requirements for Performance Standard Compliance Plan (for sources with a 

potential to EMIT greater than the Performance Standard) 

33.6.1 The proposed Performance Standard compliance plan shall provide for the 

following requirements: 

 1) The OPERATOR shall achieve compliance with the Performance 

Standard by August 1, 1988; 

 2) The OPERATOR shall identify critical activities or projects which will be 

accomplished during each calendar quarter until the final compliance 

date; and 

 3) The compliance plan shall describe what equipment and process 

technology will be used to comply with the Performance Standard. 

The description shall be sufficiently detailed so that the CONTROL 

OFFICER can determine if the expected potential to EMIT will meet the 

Performance Standard. 

33.7 New Source Review 
Amended 07/01/04 33-4 

CC Air Quality Regulations

33.7.1 This subsection applies to any new STATIONARY SOURCE of chlorine 

emissions proposing to locate in Clark County. This subsection also applies 

to an existing STATIONARY SOURCE if new emission units are constructed at 

the existing STATIONARY SOURCE. The collection of new emission units would 

be considered a new STATIONARY SOURCE. 

33.7.2 Each new EMISSION UNIT shall employ process equipment and air pollution 

control equipment designed to maintain the Lowest Achievable Emission 

Rate. 

33.7.3 Each new STATIONARY SOURCE shall also comply with all other Air Quality 

Regulations of the Clark County Board of County Commissioners. 

33.8 Enforcement 

 Any OPERATING PERMIT condition established as a result of this section is considered 

equivalent to a Regulation. If there is an alleged violation of a permit condition, the 

CONTROL OFFICER may exercise any of the enforcement options enumerated in 

Subsection 4.7 or Subsection 16.8 of these Regulations. 

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Amended 07/01/04 40-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 40 - PROHIBITIONS OF NUISANCE CONDITIONS

40.1 No PERSON shall cause, suffer or allow the discharge from any source 

whatsoever such quantities of air contaminants or other material which cause 

a NUISANCE. 

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Amended 07/01/04 41-1 

CC Air Quality Regulations

 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 41 - FUGITIVE DUST

41.1 Prohibitions: 

41.1.1 Any PERSON engaged in activities involving the dismantling or demolition of 

buildings, grubbing, grading, clearing of land, public or private construction, 

the operation of machines and equipment, the grading of roads, trenching 

operations, the operation and use of UNPAVED PARKING facilities, 

AGRICULTURAL OPERATIONS, use and operation of live stock arenas, horse 

arenas and feed lots, and operation and use of raceways for MOTOR

VEHICLES shall take all reasonable precautions to abate FUGITIVE DUST from 

becoming airborne from such activities. Reasonable precautions may 

include, but are not limited to the conditions agreed upon in the Department 

of Air Quality and Environmental Management permit for the project, 

sprinkling, compacting, enclosure, chemical, or asphalt sealing, cleaning up, 

sweeping, or such other measures as the CONTROL OFFICER may specify to 

accomplish satisfactory results; 

41.1.1.1 The following circumstances represent examples of FUGITIVE DUST becoming 

airborne: 

 

 a) a visible plume of dust, resulting from construction activities, which 

extends more than 100 yards from the point of origin or beyond the 

nearest property line, whichever is less; 

 b) visible dust EMISSIONS on an unpaved road at a construction site 

being used by haul trucks; 

 c) visible dust EMISSIONS generated by vehicles traveling over mud and 

dirt carried out to a paved road near or adjacent to a construction site. 

 

41.1.1.2 A visible plume of dust resulting from construction activities which extends 

more than 50 yards from the point of origin, but less than 100 yards and 

which has not crossed the nearest property line may be subject to an 

issuance of a Notice of Violation including an Order to take Corrective Action 

for which no penalty will be assessed. 
Amended 07/01/04 41-2 

CC Air Quality Regulations

41.1.2 No person shall cause or permit the handling, transporting, or storage of any 

material in a manner which allows or may allow controllable particulate 

matter to become airborne; 

 

41.1.3 Sand and abrasive blasting operation will not be permitted unless effective 

enclosures or other such dust control devices including but not limited to the 

injection of water have been installed to prevent excessive sand and dust 

dispersal. 

41.2 Off-road vehicle and motocross racing; 

41.2.1 No person shall cause, permit, or allow the conduct of off-road vehicle racing 

or motocross racing within the designated boundaries of the Non-Attainment 

Area as defined in Section 1 of these Regulations unless adequate dust 

control measures are provided and approved in advance by the CONTROL

OFFICER. 

41.2.2 Motocross racing will only be permitted at permanent motocross race 

courses within the Non-Attainment Area. 

41.2.3 Permanent motocross race courses, within the Non-Attainment Area as 

defined in Section 1 of these Regulations, shall be registered with and 

permitted by the CONTROL OFFICER in accordance with Subsections 15.1 and 

15.6. 

41.3 Correction of condition:

41.3.1 If loose sand, dust, or dust particles are found to exist in excess of 

acceptable limits, as determined by the CONTROL OFFICER, the CONTROL

OFFICER shall notify the owner, lessee, occupant, operator, or user of said 

land that said situation is to be corrected within a specified period of time, 

dependent upon the scope and extent of the problem. The failure to correct 

said situation within the specified period of time shall be in violation of this 

section. 

41.4 Remedial Action: 

41.4.1 The CONTROL OFFICER, his designated agent, or any other authorized 

representative of the Clark County Board of County Commissioners, after 

due notice shall be further empowered to enter upon any said land where 

any sand or dust problem exists, and to take such remedial and corrective 

action as may be deemed appropriate to cope with and relieve, reduce, or 

remedy the existent sand and dust situation and condition, when the OWNER, 

occupant, OPERATOR, or any tenant, lessee, or holder of any possessory 

interest or right in the involved land fails to do so. 
Amended 07/01/04 41-3 

CC Air Quality Regulations

41.5 Costs: 

41.5.1 Any cost incurred in connection with any such remedial or corrective action 

by the Clark County Board of County Commissioners or any person acting 

for the Clark County Board of County Commissioners shall remain in full 

force and effect until any and all such costs shall have been fully paid. 

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Amended 07/01/04 42-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 42 - OPEN BURNING

42.1 No PERSON shall cause, suffer, allow, or permit the burning of any 

combustible material in any open fire except as provided in this section and 

then only when such burning has been approved in advance by the CONTROL

OFFICER. Such exceptions are as follows: 

42.1.1 When in the judgment of the CONTROL OFFICER, no other safe method for the 

disposal of combustible, explosive, or dangerous material exists or can 

reasonably be obtained; 

42.1.2 Small fires for recreational, educational, ceremonial, cooking purposes and 

warmth of human beings, including barbecues and outdoor fireplaces 

provided they do not create a public nuisance; 

42.1.3 Where fire is set either by OFFICERS of governmental agencies, in 

performance of their official duties or for the purposes of training and 

instruction of fire-fighting and fire-rescue personnel; 

42.1.4 Outside the Las Vegas Valley, when such fire is set on a field used for 

growing crops in the course of disposing of unused portions of a crop and 

intermingled weeds resulting from an agriculture operation; 

42.1.5 Domestic burning of material originating on premises, exclusive of garbage, 

at a property used exclusively as a private residence or dwelling where there 

is no collection service available for such material. 

42.2 Notwithstanding Subsection 42.1, any burning so permitted by this section 

must be controlled so that public nuisance or traffic hazards are not created 

as a result of the air contaminants being emitted. 

42.3 Nothing in this section shall be construed to prohibit or make unlawful the 

construction and use of private barbecue pits, grills, or outdoor fireplaces for 

the preparation of food for consumption by individuals; nor shall any permit 

from the CONTROL OFFICER be required therefor. 
Amended 07/01/04 42-2 

CC Air Quality Regulations 

42.4 Open burning shall be prohibited during air pollution episode conditions as 

defined in Section 6 of the Implementation Plan for the State of Nevada 

entitled, EMERGENCY EPISODE PLAN. 

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Amended 07/01/04 43-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 43 - ODORS IN THE AMBIENT AIR

43.1 An ODOR occurrence shall be deemed a violation when a complaint is 

received and substantiated within two hours by the CONTROL OFFICER. The 

CONTROL OFFICER shall deem the ODOR occurrence a violation if he is able to 

detect the ODOR twice within a period of one hour, if the ODOR is of such a 

nature as to cause a nuisance, and these detections being separated by at 

least 15 minutes. 

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Amended 07/01/04 44-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 44 - PROHIBITIONS ON PLANTING, SELLING, OR

OFFERING TO SELL FRUITLESS MULBERRY AND EUROPEAN OLIVE 

TREES

44.1 Purpose

 The Clark County Board of County Commissioners finds that pollen from Fruitless 

Mulberry (Morus Alba "Fruitless) and European Olive (Olea Europaea) trees 

contribute to the high levels of airborne pollen in urban areas of Clark County during 

the spring. 

44.2 Prohibitions

44.2.1 After April 1, 1991 

 No Person shall plant, sell, offer to sell, or authorize the planting of Fruitless 

Mulberry or European Olive trees to any other person or company doing 

business within the boundaries of Clark County, 

44.3 Exemption

44.3.1 Cultivars of low pollinating Fruitless Mulberry or European Olive may be 

exempt from Subsection 44.2.1 if the person who grows them for commercial 

distribution applies for and receives a Certificate of Exemption from the Air 

Pollution Control Hearing Board. 

44.3.2 To be approved by the Air Pollution Control Hearing Board, the applicant 

must demonstrate to the Board that the low pollinating cultivar releases to 

the atmosphere less than 15% of the pollen released by a sexually mature 

traditional European Olive tree and that this low pollinating capacity is 

retained by the sexually mature cultivar for at least three years. 

44.3.3 Exempt trees in inventory at retail outlets and those being delivered to 

landscaping projects, must include a label approved by the CONTROL

OFFICER showing exempt status, date of approval of Certificate until sale to 

consumer. 
Amended 07/01/04 44-2 

CC Air Quality Regulations 

44.3.4 The applicant shall present a distribution plan to the CONTROL OFFICER to 

assure that only exempt trees under the applicant's control will carry the label 

provided for in Subsection 44.3.3. Shipping invoices must show copy of 

Certificate. 

44.3.5 Such certificates expire in three (3) years. The applicant may renew a 

certificate for three (3) year increments. 

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 Amended: May 17, 2001; June 3, 2003; July 1, 2004. 
Amended 07/01/04 45-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 45 - IDLING OF DIESEL POWERED MOTOR VEHICLES

45.1 Diesel Powered Motor Vehicle Idling

 Except as otherwise provided in this subsection, a person shall not idle the engine 

of a diesel truck or a diesel bus for more than 15 consecutive minutes. The 

provisions of this subsection do not apply to a diesel truck or a bus: 

 

 (a) For which the Clark County Air Pollution Control Hearing Board has issued a 

variance from the requirements of this subsection. A variance is not effective 

during an air pollution emergency episode stage declared by the Department 

of Air Quality and Environmental Management. 

 (b) Which is an emergency vehicle. 

 (c) Used to repair or maintain other MOTOR VEHICLES. 

 (d) Which is stopped because of traffic congestion while in transit on a highway, 

roadway or street. 

 (e) The EMISSION from which is contained and treated by a method approved by 

the CONTROL OFFICER. 

 (f) The engine of which must idle to perform a specific task for which is it 

designed such as well drilling, trenching or hoisting. Such an engine may not 

idle for more than 15 consecutive minutes during an air quality emergency 

episode stage declared by the Department of Air Quality and Environmental 

Management. 

 (g) Which is idling while maintenance procedures are being performed at a 

repair facility. 

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Amended 07/01/04 50-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 50 - STORAGE OF PETROLEUM PRODUCTS

50.1 A PERSON shall not place, store, nor hold in any stationary tank, reservoir or 

other container of more than 151,412 liters (40,000 gallons) capacity of any 

petroleum liquid having a VAPOR pressure of 78 mm Hg (1.5 pounds per 

square inch absolute) or greater under actual storage conditions, unless such 

tank, reservoir or other container is a pressure tank maintaining working 

pressure sufficient at all times to prevent hydrocarbon VAPOR or gas loss into 

the atmosphere, or unless it is designed and equipped with one of the 

following VAPOR LOSS CONTROL DEVICES, properly installed, and in good 

working order and operation: 

50.1.1 A floating roof, consisting of a pontoon type or double-deck type roof, resting 

on the surface of the liquid contents and equipped with a closure seal, to 

close the space between the roof edge and the tank wall. The control 

equipment provided for herein shall not be used if the petroleum product has 

a VAPOR pressure of 572 mm Hg (11.0 pounds per square inch absolute) or 

greater under actual storage conditions. All tank gauging and sampling 

devices shall be gas-tight except when gauging or sampling is taking place; 

50.1.2 A vapor recovery system, consisting of a vapor gathering system capable of 

collecting the hydrocarbon vapors and gases so as to prevent their EMISSION

to the atmosphere, and with all tank gauging and sampling devices gas-tight, 

except when gauging or sampling is taking place; 

50.1.3 Other equipment of equal efficiency, provided such equipment has first been 

submitted to and approved by the CONTROL OFFICER. 

50.2.1 There shall be no visible holes, tears or other openings in the seal or seal 

fabric of the tank reservoir or other container for the storage of petroleum 

liquids. 

50.2.2 All openings, except stub drains, are to be equipped with a cover, seal or lid. The 

cover, seal or lid is to be in a closed position at all times except when the 

device is in actual use. Automatic bleeder vents are to be closed at all times 

except when the roof is floated off or landed on the roof leg supports. Rim 

vents, if provided, are to be set to open when the roof is floated off the roof 

leg supports or at the manufacturer's recommended setting. 
Amended 07/01/04 50-2 

CC Air Quality Regulations 

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Amended 07/01/04 51-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

 SECTION 51 - PETROLEUM PRODUCT LOADING INTO TANK TRUCKS 

AND TRAILERS

51.1 A PERSON shall not load any petroleum product having a VAPOR pressure of 78 

mm Hg (1.5 psia) or greater into any tank truck, trailer, or tank car from any 

loading facility dispensing 18925 kiloliters (5,000,000 gallons) annually unless 

such loading facility is equipped with a VAPOR collection and disposal system 

or its equivalent, properly installed, in good working order and in operation. 

51.1.1 No person shall load any petroleum product having a vapor pressure of 78 

mm Hg (1.5 psia) or greater into any tank truck, trailer or tank car from any 

loading facility dispensing less than 18925 kilo liters (5,000,000 gallons) 

annually unless such loading equipment is designed for bottom loading only 

or uses a submerged fill tube extending to within 76.2 mm (3 inches) of the 

bottom of the tank being filled. 

51.2 When loading is effected through the hatches of a tank truck or trailer with a 

loading arm equipped with a VAPOR collecting adaptor, a pneumatic, hydraulic 

or other mechanical means shall be provided to force a vapor-tight seal 

between the adaptor and the hatch. A means shall be provided to prevent 

liquid gasoline drainage from the loading device when it is removed from the 

hatch of any tank truck or trailer, or to accomplish complete drainage before 

such removal. 

51.3 When loading is effected through means other than hatches, all loading and 

VAPOR lines shall be equipped with fittings which make vapor-tight 

connections and which close automatically when disconnected. 

51.4 The VAPOR disposal portion of the system shall consist of one of the 

following: 

51.4.1 A vapor-liquid absorber system with a minimum recovery efficiency of 90 

percent by weight of all the hydrocarbon vapors and gases entering such 

disposal system; 
Amended 07/01/04 51-2 

CC Air Quality Regulations 

51.4.2 A variable VAPOR space tank, compressor, and FUEL gas system of sufficient 

capacity to receive all hydrocarbon vapors and gases displaced from the 

tank trucks and trailers being loaded; 

51.4.3 Other equipment of at least 90 percent efficiency provided such equipment is 

submitted to and approved by the Air Quality CONTROL OFFICER. 

51.5 The loading shall be accomplished in such a manner that the mixture of vapor 

and air displaced from the delivery vessel will be vented only to the vapor 

recovery system. 

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Amended 07/01/04 53-1 

CC Air Quality Regulations 

CLARK COUNTY 

 AIR QUALITY REGULATIONS 

 

SECTION 53 - OXYGENATED GASOLINE PROGRAM

53.1 Area of Applicability 

53.1.1 The Area of Applicability is the hydrographic basins containing the LAS

VEGAS VALLEY, the Eldorado Valley, the Ivanpah Valley, the Boulder City 

limits, and any area within three (3) miles of any such hydrographic basins 

and which is within Clark County, Nevada. 

53.2 Oxygenated Fuel Program Period and Oxygen Content: 

53.2.1.Within the area of applicability, from October 1 to March 31 no GASOLINE shall be 

supplied, or sold by any person intended as a final product for fueling MOTOR

VEHICLES, or sold at retail, or sold to a private or a municipal fleet, for 

consumption or introduced into MOTOR VEHICLE by any person, unless the 

GASOLINE has at least 3.5 percent oxygen content by weight. 

53.2.2 The requirements of Subsection 53.2.1 shall apply solely to GASOLINE that is 

introduced into commerce within the program area, and shall not be 

construed in any manner to prevent or discourage the introduction into 

commerce, and/or combustion within a vehicle, natural gas and any other 

energy source which has the demonstrated ability to reduce vehicular 

emissions of carbon monoxide in amounts equal to or greater than the 

average reduction expected from the oxygen content standards set in 

Subsection 53.2.1 of this section. 

53.2.3 Tolerance Specifications of Oxygen Content: 

53.2.3.1 The specified oxygen content by weight shall not drop below the following 

minimum levels: 

Specified Oxygen Content Acceptable Minimum

(a) 2.7% [when (R+M)/2∃98] 2.43% 

(b) 3.5% 3.15% 

53.2.3.2 If any underground storage tank containing fuel is determined to exceed the 

specified tolerances listed above, the CONTROL OFFICER shall immediately 

lock and tag any associated dispensing nozzles as “out of order” until such 
Amended 07/01/04 53-2 

CC Air Quality Regulations 

time the CONTROL OFFICER determines compliance with the specified 

tolerances listed in 53.2.3.1. 

53.2.3.3 Prohibition of Use: No person shall dispense or permit the dispensing of any 

fuel from a nozzle tagged as “out of order” until such time that the CONTROL 

OFFICER has determined compliance. 

53.2.4 From October 1 to March 31: GASOLINEs with an octane rating of 98 or 

greater (R+M)/2 shall contain a minimum of 2.7% oxygen by weight via the 

addition of MTBE, ethanol or other oxygenate approved by EPA. The 

requirements of Section 53.2.1 will not apply for these GASOLINEs. 

53.3 All OXYGENATED GASOLINE shall be labeled at the dispensing pump and contain 

the following statement: The GASOLINE dispensed from this pump is 

oxygenated and will reduce carbon monoxide pollution from motor vehicles. 

53.3.1 The label shall be placed on the vertical surface of the pump on each side 

with gallonage and price meters and shall be on the upper two-thirds of the 

pump, clearly readable to the public. 

53.3.2 The label lettering shall consist of block letters of no less than 20 point bold

type; in a color contrasting with the intended background. 

53.3.3 The label may include the length of the mandate season and percent 

oxygenate content and other information. 

53.4 OXYGENATED GASOLINE Invoice Documentation:

53.4.1 All fuel delivery invoices, notes or orders for GASOLINE containing oxygenate 

shall clearly state the type of oxygenate used and the intended or estimated 

percent of oxygen content by weight or the intended or estimated percent of 

oxygenate content by volume. 

53.5 Transition and Potential Closure:

53.5.1 Transition after October 1: 

53.5.1.1 If a GASOLINE storage tank received its last delivery before September 15, 

GASOLINE dispensed from that tank will be exempt from enforcement of 

Subsection 53.2.1.1, 53.2.2.1(a) and 53.2.2.2(a) until the date that the first 

delivery is made after October 1. 
Amended 07/01/04 53-3 

CC Air Quality Regulations 

53.6 The Department of Air Quality and Environmental Management shall prepare 

a report to be filed with the Clark County Board of County Commissioners on 

May 15 of each year regarding the results of the OXYGENATED GASOLINE

program. 

53.6.1 This will include an analysis of costs and benefits, investigations of 

complaints, enforcement activity, and best estimates of air quality 

improvements resulting from the program. 

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 Amended: June 28, 1990; July 25, 1991; July 22, 1993; October 27, 1994; July 27, 1995; August 22, 1996; 

September 25, 1997; June 11, 2001; June 3, 2003; July 1, 2004. 
Suspended by the BCC, 

Effective 09/29/09 54-1 

CC Air Quality Regulations 

Suspended by the Board of County Commissioners, 

Effective 09/29/09 

CLARK COUNTY 

AIR QUALITY REGULATIONS

 

SECTION 54 - CLEANER BURNING GASOLINE (CBG): WINTERTIME 

PROGRAM

DEFINITIONS 

"ASTM" means the American Society for Testing and Materials. 

“BARREL” means 42 U.S. gallons. 

"BULK PURCHASER-CONSUMER" means a PERSON that purchases or otherwise 

obtains GASOLINE in bulk and then dispenses it into the fuel tanks or MOTOR 

VEHICLES owned or operated by the PERSON. 

"BULK PLANT" means an intermediate GASOLINE distribution facility where delivery 

of GASOLINE to and from the facility is solely by truck. 

“CAP” or absolute limit means a standard that applies to all GASOLINE whenever it 

is sold or supplied throughout the distribution system. 

"CBG OR CLEANER BURNING GASOLINE" means: 

(A) GASOLINE sold, intended for sale, or made available for sale as 

a MOTOR VEHICLE fuel in Clark County Nevada; and 

(B) GASOLINE that the PRODUCER knows or reasonably should know 

will be offered for sale or supply at an out-of-state terminal or 

BULK PLANT at which it will be identified as GASOLINE suitable for 

sale as a MOTOR VEHICLE fuel in Clark County, Nevada. 

"CBGBOB OR CLEANER BURNING GASOLINE BLENDSTOCK FOR OXYGENATE 

BLENDING, means a petroleum-derived liquid which is intended to be, or is 

represented as, a product that will constitute CBG upon the addition of a 

specified type and percentage (or range of percentages) of OXYGENATE to the 
Suspended by the BCC, 

Effective 09/29/09 54-2

CC Air Quality Regulations 

product after the product has been supplied from the PRODUCTION or IMPORT 

FACILITY at which it was produced or imported. 

“DESIGNATED ALTERNATIVE LIMIT OR DAL” means an alternative GASOLINE

specification limit, expressed in the nearest part per million by weight for sulfur 

content, nearest tenth percent by volume for aromatic hydrocarbon content, 

which is assigned by a PRODUCER or IMPORTER to a FINAL BLEND of CBG pursuant 

to Section 54.4. 

"FINAL BLEND" means a distinct quantity of GASOLINE or a batch of CBG or 

CBGBOB at a PRODUCTION FACILITY from which some or all of the quantity or 

batch is delivered via pipeline to Clark County and/or a distinct quantity of CBG 

or CBGBOB that is imported into Clark County via either railway tankcars or 

trucks. 

"FURTHER PROCESS" means to perform any activity on GASOLINE, including 

distillation, treating with hydrogen, or blending, for the purpose of bringing the 

GASOLINE into compliance with the standards in this Section. 

"GASOLINE" means any fuel that is commonly or commercially known, sold or 

represented as GASOLINE. 

"IMPORTED CBG" means CBG which is transported into Clark County, Nevada via 

rail car or tank truck or trailer. 

"IMPORT FACILITY" means the facility at which IMPORTED CBG or CBGBOB is first 

received in Clark County, Nevada, including, in the case of GASOLINE or 

CBGBOB imported by cargo tank and delivered directly to a facility for dispensing 

GASOLINE into MOTOR VEHICLES, the cargo tank in which the CBG or CBGBOB is 

imported. 

"IMPORTER OF CBG" means any PERSON who first accepts delivery in Clark 

County, Nevada of IMPORTED CBG. 

"MOTOR VEHICLE" has the same meaning as defined in Section 0. 

"OXYGENATE" is any oxygen-containing, ashless, organic compound, such as an 

alcohol or ether, which, when added to GASOLINE increases the amount of 

oxygen in GASOLINE. 

"OXYGENATE BLENDING FACILITY" means any facility (including a truck) at which 

OXYGENATE is added to GASOLINE or blendstock, and at which the quality or 

quantity of GASOLINE is not altered in any other manner except for the addition of 

deposit control additives or other similar additives. 
Suspended by the BCC, 

Effective 09/29/09 54-3

CC Air Quality Regulations 

"OXYGENATE BLENDER" means any PERSON who owns, leases, operates, controls, 

or supervises an OXYGENATE BLENDING FACILITY, or who owns or controls the 

blendstock or GASOLINE used or the GASOLINE produced at an OXYGENATE 

BLENDING FACILITY. 

“PRODUCE” means, except as otherwise provided in section (a) or (b) below, to 

convert liquid compounds which are not GASOLINE into GASOLINE. When a 

PERSON blends volumes of blendstocks which are not GASOLINE with volumes of 

GASOLINE acquired from another PERSON, and the resulting blend is GASOLINE, 

the PERSON conducting such blending has produced only the portion of the blend 

which was not previously GASOLINE. When a PERSON blends GASOLINE with other 

volumes of GASOLINE, without the addition of blendstocks which are not GASOLINE, 

the PERSON does not produce GASOLINE. 

(a) Where a PERSON supplies GASOLINE to a REFINER who agrees in 

writing to FURTHER PROCESS the GASOLINE at the REFINER’s REFINERY

and to be treated as a PRODUCER of the GASOLINE, the REFINER shall be 

deemed for all purposes under this article to be the PRODUCER of the 

GASOLINE. 

(b) Where a PERSON blends OXYGENATES into GASOLINE which has already 

been supplied from a GASOLINE PRODUCTION FACILITY or IMPORT 

FACILITY, and does not alter the quality or quantity of the GASOLINE in 

any other way, the PERSON does not produce GASOLINE. 

"PRODUCER" means any PERSON who owns, leases, operates, controls or 

supervises a PRODUCTION FACILITY. 

"PRODUCTION FACILITY" means a facility at which CBG or CBGBOB is produced. 

Upon request of a PRODUCER, the Department of Air Quality and Environmental 

Management may designate, as part of the PRODUCER's PRODUCTION FACILITY, a 

physically separate bulk storage facility which (A) is owned or leased by the 

PRODUCER, and (B) is operated by or at the direction of the PRODUCER and (C) is 

not used to store or distribute CBG or CBGBOB that is not supplied from the 

PRODUCTION FACILITY. 

 

"REFINER" means any PERSON who owns, leases, operates, controls or 

supervises a REFINERY. 

"REFINERY" means a facility that produces liquid fuels by distilling petroleum. 

"SUPPLY" means to provide or transfer a product to a physically separate facility, 

vehicle, or transportation system. 
Suspended by the BCC, 

Effective 09/29/09 54-4

CC Air Quality Regulations 

54.1 Applicability of Standards; Additional Standards; Registration 

54.1.1 All sales, supplies, offer or movements of CBG for use in Clark 

County, Nevada, including transactions directly involving the fueling 

of MOTOR VEHICLES at a retail outlet or BULK PURCHASER CONSUMER

facility. 

54.1.2 Unless otherwise specifically provided, this section shall apply from 

November 1, 1999 to March 31, 2000, and each such winter 

season thereafter. 

54.1.3 The standards in Subsections 54.2.1and 54.2.2 shall not apply to: 

(a) transactions directly involving the fueling of MOTOR VEHICLES

at a retail outlet or BULK PURCHASER-CONSUMER facility, 

where the PERSON selling, offering, or supplying the 

GASOLINE demonstrates as an affirmative defense that the 

exceedance of the pertinent standard was caused by 

GASOLINE delivered to the retail outlet or BULK PURCHASERCONSUMER facility prior to October 15th. If a GASOLINE

storage tank received its last delivery before October 15th, 

GASOLINE dispensed from that tank will be exempt from 

enforcement of Subsections 54.2.1, 54.2.2 and 54.5 until the 

date that the first delivery is made after November 1st. 

(b) a sale, offer for sale, or supply of CBG to a REFINER if: 

(1) the REFINER FURTHER PROCESSES the GASOLINE at the 

REFINER's REFINERY prior to any subsequent sale, 

offer for sale, or supply of the GASOLINE, and 

(2) in the case of standards applicable only to 

PRODUCERS or IMPORTERS, the REFINER to whom the 

GASOLINE is sold or supplied is the PRODUCER of the 

GASOLINE pursuant to Section 54. 

(c) GASOLINE with an octane rating of 98 or greater (R+m)/2, 

also known as “Racing Fuel”: 

(1) fuel within this category shall contain the following 

maximum sulfur and aromatic hydrocarbon content: 

Sulfur - 10 ppm by weight 

Aromatic Hydrocarbons - 30% by volume 

(2) The requirements of the following sections shall not 

apply to Racing Fuel: 
Suspended by the BCC, 

Effective 09/29/09 54-5

CC Air Quality Regulations 

Section 54.3: Election of the Averaging Compliance 

Option for a GASOLINE Supplied from a 

Production or IMPORT FACILITY; 

Section 54.4: DESIGNATED ALTERNATIVE LIMITS; 

Section 54.5: Election of the Flat Limit Option for a 

GASOLINE Supplied from a Production 

or IMPORT FACILITY. 

54.1.4 Registration: Each PRODUCER and IMPORTER OF CBG shall register 

with the Department of Air Quality and Environmental Management 

by August 1, 1999 or in advance of the 1st date that such PERSON

will produce or import CBG or CBGBOB. Registration shall be on 

forms prescribed by the Department of Air Quality and 

Environmental Management and shall include a statement of 

acceptance of the standards and enforcement provisions of this 

regulation; and shall include a statement of consent by the 

registrant that the Department of Air Quality and Environmental 

Management shall be permitted to collect samples and access 

documentation and records. The Department of Air Quality and 

Environmental Management shall maintain a listing of all registered 

suppliers. 

54.2 Standards 

54.2.1 Standards for Sulfur Content 

54.2.1.1 Maximum sulfur standard for all CBG. No PERSON shall sell, offer 

for sale, supply, offer for supply, or transport CBG which has a 

sulfur content exceeding 80 parts per million by weight. 

54.2.1.2 Additional flat sulfur standard for PRODUCERS and IMPORTERS. No 

PRODUCER or IMPORTER shall sell, offer for sale, supply, or offer for 

supply from its PRODUCTION FACILITY or IMPORT FACILITY CBG which 

has a sulfur content exceeding 40 parts per million by weight, 

unless the transaction occurs during a period for which the 

PRODUCER or IIMPORTER has elected to be subject to Subsection 

54.2.1.3. 

54.2.1.3 Sulfur averaging compliance option for PRODUCERS and 

IMPORTERS. A PRODUCER or IMPORTER may designate an “averaging 

compliance” period of any number of days up to the period of 

November 1 through the following March 31. No PRODUCER or 

IMPORTER shall, during such period for which the PRODUCER or 

IMPORTER has elected to be subject to this Subsection (54.2.1.3), 

sell, offer for sale, supply, or offer for supply from its PRODUCTION 

FACILITY or IMPORT FACILITY CBG that on average for the period has 
Suspended by the BCC, 

Effective 09/29/09 54-6

CC Air Quality Regulations 

a sulfur content exceeding 30 parts per million by weight, unless 

elected: 

(1) A DESIGNATED ALTERNATIVE LIMIT for sulfur content has been 

established for the GASOLINE in accordance with the 

requirements of Subsection 54.4, 

(2) The sulfur content of the GASOLINE does not exceed the 

DESIGNATED ALTERNATIVE LIMIT, and 

(3) Where the DESIGNATED ALTERNATIVE Limit exceeds 30 parts 

per million, the excess sulfur content is fully offset in 

accordance with Subsection 54.4.2.(1). 

54.2.2 Standards for Aromatic Hydrocarbon Content 

54.2.2.1 Maximum aromatic hydrocarbon standard for all CBG. No PERSON

shall sell, offer for sale, supply, offer for supply, or transport CBG 

which has a aromatic hydrocarbon content exceeding 30.0 percent 

by volume. 

54.2.2.2 Additional flat aromatic hydrocarbon standard for PRODUCERS and 

IMPORTERS. No PRODUCER or IMPORTER shall sell, offer for sale, 

supply, or offer for supply from its PRODUCTION FACILITY or IMPORT 

FACILITY CBG which has a aromatic hydrocarbon content exceeding 

25.0 percent by volume, unless the transaction occurs during a 

period for which the PRODUCER or IMPORTER has elected to be 

subject to 54.2.2.3. 

54.2.2.3 Aromatic hydrocarbon averaging compliance option for 

PRODUCERS and IMPORTERS. A PRODUCER or IMPORTER may 

designate an “averaging compliance” period of any number of days 

up to the period of November 1 through the following March 31. No 

PRODUCER or IMPORTER shall, during such period for which the 

PRODUCER or IMPORTER has elected to be subject to this Subsection 

(54.2.2.3), sell, offer for sale, supply, or offer for supply from its 

PRODUCTION FACILITY or IMPORT FACILITY CBG that on average for 

the period has an aromatic hydrocarbon content exceeding 22.0 

percent by volume, unless elected: 

(1) A DESIGNATED ALTERNATIVE LIMIT for aromatic hydrocarbon 

content has been established for the GASOLINE in 

accordance with the requirements of Subsection 54.4, 

(2) The aromatic hydrocarbon content of the GASOLINE does not 

exceed the DESIGNATED ALTERNATIVE LIMIT, and 
Suspended by the BCC, 

Effective 09/29/09 54-7

CC Air Quality Regulations 

(3) Where the DESIGNATED ALTERNATIVE LIMIT exceeds 22.0 

percent by volume, the excess aromatic hydrocarbon 

content is fully offset in accordance with Subsection 

54.4.2(2). 

54.3 Election of the Averaging Compliance Option for a Gasoline Supplied 

from a Production or Import Facility 

54.3.1 A PRODUCER or IMPORTER selling or supplying a FINAL BLEND of

GASOLINE from its PRODUCTION or IMPORT FACILITY may elect 

pursuant to this Subsection 54.3.1 to have the FINAL BLEND subject 

to the averaging compliance option for one or more of the following 

properties: sulfur, aromatic hydrocarbons. 

54.3.2 In order to elect to have a FINAL BLEND subject to the averaging 

option for a GASOLINE property, the PRODUCER or IMPORTER shall 

notify the Department of Air Quality and Environmental 

Management of such election and of the estimated volume (in 

(BARRELS), the blend identity, the blend batch number, and location 

(including tank numbers) of the FINAL BLEND. 

54.3.3 Once a PRODUCER or IMPORTER has made such an election under 

this Subsection 54.3.3 with respect to a GASOLINE property, all 

FINAL BLENDS subsequently sold or supplied from the PRODUCTION

or IMPORT FACILITY shall be subject to the averaging compliance 

option for that property until the PRODUCER or IMPORTER elects in 

accordance with Subsection 54.5 to have a FINAL BLEND at the 

facility subject to the flat limit compliance option for that property. 

54.4 Designated Alternative Limits 

54.4.1 Assignment of a DESIGNATED ALTERNATIVE LIMIT (DAL). 

(1) A PRODUCER or IMPORTER that has elected to be subject to 

Subsections 54.2.1.3 and/or 54.2.2.3 may assign a 

DESIGNATED ALTERNATIVE LIMIT (DAL) to a FINAL BLEND of 

CBG produced or imported by the PRODUCER or IMPORTER by 

satisfying the notification requirements in this Subsection 

54.4.1. In no case shall a DAL be less than the sulfur or 

aromatic hydrocarbon content, of the FINAL BLEND shown by 

the sample and test conducted pursuant to Section 54.10, as 

applicable. If a PRODUCER or IMPORTER intends to assign 

DALs for more than one GASOLINE specification to a given 

quantity of GASOLINE, the party shall identify the same FINAL 

BLEND for all DALs for the GASOLINE. 
Suspended by the BCC, 

Effective 09/29/09 54-8

CC Air Quality Regulations 

(2) The PRODUCER or IMPORTER shall notify the Department of 

Air Quality and Environmental Management of the estimated 

volume (in BARRELS), the DESIGNATED ALTERNATIVE LIMIT 

(DAL), the blend identity, the location and the averaging 

compliance period (if known) of each FINAL BLEND receiving 

a DAL. This notification shall be received by the Department 

of Air Quality and Environmental Management when starting 

physical transfer of the GASOLINE from the PRODUCTION or 

IMPORT FACILITY, and in no case less than 12 hours before 

the PRODUCER or IMPORTER either completes physical 

transfer to the common carrier pipeline or commingles the 

FINAL BLEND. 

(3) For each FINAL BLEND receiving a DESIGNATED ALTERNATIVE 

LIMIT, the PRODUCER or IMPORTER shall notify the Department 

of Air Quality and Environmental Management with the 

following information for the FINAL BLEND; final volume, fuel 

properties as determined under Subsection 54.10.6 and date 

and time of the completion of physical transfer from the 

PRODUCTION or IMPORT FACILITY. This notification will be 

provided on the monthly summation report, Subsection 

54.10.11. A FINAL BLEND receiving a DAL can have a date of 

physical transfer prior to November 1 if it can be 

demonstrated that the CBG in that FINAL BLEND is intended 

for sale in Clark County during the period of November 1 

through March 31. 

(4) If, through no intentional or negligent conduct, a PRODUCER

or IMPORTER cannot report within the time period specified in 

54.4.1(2) above, the PRODUCER or IMPORTER may notify the 

Department of Air Quality and Environmental Management 

of the required data as soon as reasonably possible and 

may provide a written explanation of the cause of the delay 

in reporting. If, based on the written explanation and the 

surrounding circumstances, the Department of Air Quality 

and Environmental Management determines that the 

conditions of this Subsection 54.4.1(4) have been met, 

timely notification shall be deemed to have occurred. 

(5) The Department of Air Quality and Environmental 

Management shall maintain an electronic data base for 

tracking and monitoring blend averages, DESIGNATED 

ALTERNATIVE LIMITs, shipment volumes, and other such 

parameters as deemed necessary. The sole purpose of this 

data base will be to ensure that the Sulfur and Aromatic 
Suspended by the BCC, 

Effective 09/29/09 54-9

CC Air Quality Regulations 

Hydrocarbons content of final delivered blends is in 

compliance with the specifications of this regulation. 

54.4.2 Additional prohibitions regarding CBG to which a DESIGNATED 

ALTERNATIVE LIMIT has been assigned. 

 

(1) Offsetting excess sulfur. Before or after the start of physical 

transfer from a PRODUCTION or IMPORT FACILITY of any FINAL 

BLEND of CBG to which a PRODUCER has assigned a 

DESIGNATED ALTERNATIVE LIMIT for sulfur content exceeding 

30 parts per million, the PRODUCER or IMPORTER shall 

complete physical transfer from the same PRODUCTION or 

IMPORT FACILITY of CBG in sufficient quantity and with a 

DESIGNATED ALTERNATIVE LIMIT sufficiently below 30 parts per 

million to offset the mass of sulfur in excess of a limit of 30 

parts per million. Offsetting shipments can have a date of 

physical transfer prior to November 1 if it can be 

demonstrated that the CBG in that FINAL BLEND is intended 

for sale during the period of November 1 through March 31. 

Offsetting shipments must be completed by March 31. 

(2) Offsetting excess aromatic hydrocarbons. Before or after 

the start of physical transfer from a PRODUCTION or IMPORT 

FACILITY of any FINAL BLEND of CBG to which a PRODUCER 

has assigned a DESIGNATED ALTERNATIVE LIMIT for aromatic 

hydrocarbon content exceeding 22.0 percent by volume, the 

PRODUCER or IMPORTER shall complete physical transfer from 

the same PRODUCTION or IMPORT FACILITY of CBG in 

sufficient quantity and with a DESIGNATED ALTERNATIVE LIMIT

sufficiently below 22.0 percent by volume to offset the 

volume of aromatic hydrocarbons in excess of a limit of 22.0 

percent. Offsetting shipments can have a date of physical 

transfer prior to November 1 if it can be demonstrated that 

the CBG in that FINAL BLEND is intended for sale during the 

period of November 1 through March 31. Offsetting 

shipments must be completed by March 31. 

54.5 Election of the Flat Limit Option for a GASOLINE Supplied from a 

PRODUCTION or IMPORT FACILITY

54.5.1 A PRODUCER or IMPORTER selling or supplying a FINAL BLEND of 

GASOLINE from its PRODUCTION or IMPORT FACILITY may elect to have 

the FINAL BLEND subject to the flat limit compliance option in 

accordance with this Subsection 54.5.1. No such election may be 

made if there are outstanding requirements to provide offsets for 

the GASOLINE property at the facility. 
Suspended by the BCC, 

Effective 09/29/09 54-10

CC Air Quality Regulations 

54.5.2 A PRODUCER or IMPORTER shall notify the Department of Air Quality 

and Environmental Management when switching from the 

averaging compliance option to the flat compliance option. This 

notification shall be received by the Department of Air Quality and 

Environmental Management when starting physical transfer of the 

GASOLINE from the PRODUCTION or IMPORT FACILITY, and in no case 

less than 12 hours before the PRODUCER or IMPORTER either 

completes physical transfer to the common carrier pipeline or 

commingles the FINAL BLEND. The PRODUCER or IMPORTER will not 

be required to make further notifications unless and until they 

switch to using the averaging option as described in 54.4.1(2). 

54.5.3 Once a PRODUCER or IMPORTER has made an election under this 

Subsection 54.5.3 with respect to a GASOLINE property, all FINAL 

BLENDS subsequently sold or supplied from the production or IMPORT 

FACILITY shall be subject to the flat limit compliance option for that 

property until the PRODUCER or IMPORTER elects in accordance with 

Subsection 54.3 to have a FINAL BLEND at the facility subject to the 

averaging compliance option for that property. 

54.5.4 Once a PRODUCER or IMPORTER has made an election under this 

Subsection 54.5.4 with respect to a GASOLINE property of a FINAL 

BLEND at a PRODUCTION or IMPORT FACILITY, the PRODUCER or 

IMPORTER may not use any previously assigned DESIGNATED 

ALTERNATIVE LIMIT for that property to provide offsets pursuant to 

the applicable provision in Subsection 54.3 for any FINAL BLEND

sold or supplied from the PRODUCTION or IMPORT FACILITY

subsequently to the election. 

54.6 GASOLINE Subject to PM Alternative Specifications Based on the 

Predictive Model [Reserve] 

54.7 Certified GASOLINE Formulations Resulting in Equivalent Emission 

Reductions Based on MOTOR VEHICLE Emission Testing [Reserve] 

54.8 Exemptions for GASOLINE Used in Test Programs [Reserve] 

54.9 Liability of PERSONs Who Commit Violations Involving GASOLINE that 

Has Not Yet Been Sold or Supplied to a MOTOR VEHICLE

54.9.1 For the purposes of this Subsection, each sale of CBG at retail, and 

each dispensing of CBG into a MOTOR VEHICLE fuel tank, shall also 

be deemed a sale or supply by any PERSON who previously sold or 

supplied such GASOLINE in violation of this Subsection. 

54.10 Sampling, Testing and Recordkeeping 
Suspended by the BCC, 

Effective 09/29/09 54-11

CC Air Quality Regulations 

54.10.1 The requirements of this Subsection shall apply to each PRODUCER

IMPORTER, or TRANSPORTER that has elected to sell, offer for sale, 

supply, or offer for supply CBG. These requirements apply to CBG 

which has been produced, imported, or transported conforming with 

Subsection 54.2.1.2 (Sulfur Flat Standard); Subsection 54.2.1.3 (Sulfur 

Averaging Compliance Option); Subsection 54.2.2.2 (Aromatic 

Hydrocarbon Flat Standard); or Subsection 54.2.2.3 (Aromatic 

Hydrocarbon Averaging Compliance Standard). All records must 

contain a statement declaring whether the sample conforms to the Flat 

Standard or Averaging Compliance Option.

54.10.2 Sampling Procedures - In determining compliance with the 

standards set forth in Subsection 54.2, a sampling methodology 

acceptable per ASTM standards shall be used. 

54.10.3 Test Methods - In determining compliance with the standards set 

forth in Subsection 54.2, the test methods presented in Table 1 

shall be used. All identified test methods are incorporated herein 

by reference. 

TABLE 1 

Subsection Gasoline Specification Test Method 

54.2.1 Sulfur Content AS TM D 2622-94 

AS TM D 5453-93 

54.2.2 Aromatic Hydrocarbon Content AS TM D 5580-95 or 

AS TM D 1319 

54.10.4 Equivalent Test Methods - Whenever this Subsection provides for 

the use of a specified test method, another test method may be 

used following a determination by the Department of Air Quality and 

Environmental Management that the other method produces results 

equivalent to the results with the specified method. 

54.10.5 The Department of Air Quality and Environmental Management or 

its designee will consider and allow the appropriate test 

reproducibility as allowed by ASTM when enforcing these 

standards. Enforcement of the standards at locations where 

GASOLINE is sold, intended for sale, or made available for sale as a 

MOTOR VEHICLE fuel in Clark County, Nevada will be at the standard 

defined in Subsection 54.2.1.1 for sulfur content and 54.2.2.1 for 

aromatic hydrocarbon content. 

54.10.6 Each PRODUCER shall sample and test for the sulfur and aromatic 

hydrocarbon content in each FINAL BLEND of CBG which the 

PRODUCER has produced, by collecting and analyzing a 

representative sample of GASOLINE taken from the FINAL BLEND, 
Suspended by the BCC, 

Effective 09/29/09 54-12

CC Air Quality Regulations 

using the methodologies specified in Subsections 54.10.2 and 

54.10.3. The PRODUCER shall maintain, for two years from the date 

of each sampling, records showing the sample date, identity of 

blend sampled, FINAL BLEND volume, sulfur, aromatic hydrocarbon 

content. 

54.10.7 Determining whether CBGBOB complies with the standards for 

CBG: If a PRODUCER or IMPORTER has designated a FINAL BLEND as 

CBGBOB the sulfur and aromatic hydrocarbon content properties 

for compliance with Subsections 54.2 and 54.10 for that blend shall 

be determined by adding the specified type and amount of 

OXYGENATE to a representative sample of the FINAL BLEND of 

CBGBOB. 

54.10.8 Each IMPORTER shall sample and test for the sulfur and aromatic 

hydrocarbon content in each shipment of CBG which the IMPORTER 

has imported by railway tankcars, trucks and trailers, by collecting 

and analyzing a representative sample of the GASOLINE, using the 

methodologies specified in Subsections 54.10.2 and 54.10.3. The 

IMPORTER shall maintain, for two years from the date of each 

sampling, records showing the sample date, product sampled, 

container or other vessel sampled, the volume of the shipment, 

sulfur and aromatic hydrocarbon content. 

54.10.9 A PRODUCER or IMPORTER shall provide to the Department of Air 

Quality and Environmental Management any records required to be 

maintained by the PRODUCER or IMPORTER pursuant to this 

Subsection within 20 days of a written request from the Department 

of Air Quality and Environmental Management if the request is 

received before expiration of the period during which the records 

are required to be maintained.

54.10.10 All parties in the distribution chain (PRODUCER, IMPORTER, 

Terminals, Pipelines, Truckers, Rail Carriers, Retailers) must 

maintain transfer documents for a minimum of Two (2) years. The 

records as a minimum must contain the type and date of transfer, 

blend identity, blend batch numbers, volume of transfer, container 

or transport type, test results, and certification that the fuel meets 

CAP standards. 

54.10.11 Each PRODUCER or IMPORTER electing to sale, offer for sale, 

supply, or offer to supply CBG pursuant to this regulation shall 

provide a Monthly Summation Report to the Department of Air 

Quality and Environmental Management no later than the 15th of 

the following month. This report shall provide as a minimum, 

reconciliation of the month’s transactions relative to the 
Suspended by the BCC, 

Effective 09/29/09 54-13

CC Air Quality Regulations 

requirements of Subsection 54.10.6. Updates or revisions to 

estimated transaction volumes for Subsection 54.4.1 (2) shall be 

included in this report. 

54.11 Requirements Pertaining to Cleaner Burning Gasoline Blendstock for 

Oxygenate Blending (CBGBOB) and Downstream Blending 

54.11.1 Requirements for OXYGENATE BLENDERS: Whenever an OXYGENATE 

BLENDER receives CBGBOB from a transferor to whom the 

OXYGENATE BLENDER has represented that he/she will add 

OXYGENATE to the CBGBOB, the OXYGENATE BLENDER must add to 

the CBGBOB OXYGENATE of the type(s) and amount (or within the 

range of amounts) identified in the documentation accompanying 

the CBGBOB. 

54.11.2 No PERSON may combine CBG which has been supplied from a 

production or IMPORT FACILITY with any non-OXYGENATE blendstock, 

other than vapor recovery condensate. A PERSON may combine 

CBG with other blendstocks if it can be clearly demonstrated that 

the resulting GASOLINE will not be sold in Clark County. 

54.11.3. Notwithstanding 54.11.2, the Department of Air Quality and 

Environmental Management may enter into a written protocol with 

any PERSON to identify conditions under which the PERSON may 

lawfully blend transmix or reprocessed transmix into CBG which 

has been supplied from its production or IMPORT FACILITY only if it is 

determined that the blending will not significantly affect the 

properties of the CBG. 

54.11.4. Notwithstanding 54.11.2, a PERSON may add non-OXYGENATE

blendstock to CBG that does not comply with one or more of the 

CAP limits contained in sections 54.2.1.1 and 54.2.2.1 where the 

PERSON obtains the prior approval of the Department of Air Quality 

and Environmental Management based on a demonstration that 

adding the blendstock is a reasonable means of bringing the 

GASOLINE into compliance with the CAP limits. 

54.12 Enforcement

Failure to comply with any Section of the Department of Air Quality and 

Environmental Management, Air Quality Regulations is subject to 

enforcement action, pursuant to Subsection 4.7. Penalties of up to 

$10,000 per day per Section violated may be imposed, pursuant to 

Section 9. Variances can be requested, pursuant to Subsection 7.5. 
Suspended by the BCC, 

Effective 09/29/09 54-14

CC Air Quality Regulations 

54.12.1 All Parties in the distribution chain through the retail level must 

maintain transfer documents as specified in subsection 54.10.10. 

Any PRODUCER, IMPORTER, Terminal, Pipeline Operator, Trucker, 

Rail Carrier, or Retailer that fails to test and/or maintain records per 

Section 54.10; sells GASOLINE in Clark County not meeting the 

specifications of this regulation; or allows conventional GASOLINE to 

be commingled with Clark County CBG, is liable for violations and 

may be subject to the maximum penalties of this Section.

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History: Initial Adoption: April 22, 1999. 

 Amended: June 25, 2001; June 3, 2003; July 1, 2004. 

 Suspended: September 29, 2009 
Amended 07/01/04 70-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 70 - EMERGENCY PROCEDURES

70.1 If the CONTROL OFFICER determines that either a generalized condition of AIR

POLLUTION or the operation of one or more particular sources of air 

contaminant is causing or may cause imminent danger to human health or 

safety, he may declare that an episode condition such as an alert, warning or 

an emergency exists. The CONTROL OFFICER may order the prohibition, 

restriction, reduction or discontinuance of the EMISSIONS of any air 

contaminant which is causing or may cause aggravation of the condition. 

The CONTROL OFFICER shall utilize Section 6 of the Air Quality Implementation 

Plan for the State of Nevada which is entitled, EMERGENCY EPISODE PLAN, 

as a guide for the actions during an episode condition. 

70.2 Any order issued pursuant to Subsection 70.1 above, shall expire by 

limitation 24 hours after it takes effect, unless affirmed and extended, 

modified or set aside by the Air Pollution Control HEARING BOARD within that 

period of time. 

70.3 Enforcement of restrictions on MOTOR VEHICLE operations may be carried out 

by law enforcement agencies having jurisdiction within incorporated or 

unincorporated areas of the Department of Air Quality and Environmental 

Management. 

70.4 The OWNER or OPERATOR of any STATIONARY SOURCE which EMITS 100 short tons 

(90.7 metric tons) or more per year of any air contaminant shall prepare and 

submit to the CONTROL OFFICER a standby plan for reducing or eliminating 

EMISSIONS of air pollutants during periods of an AIR POLLUTION Alert, AIR

POLLUTION Warning, or AIR POLLUTION Emergency as defined in the 

EMERGENCY EPISODE PLAN. 

70.4.1 Each such plan shall be submitted within 90 days of this regulation and shall 

be subject to review and approval of the CONTROL OFFICER. Any such plan 

will be approved unless the CONTROL OFFICER notifies the OWNER OR

OPERATOR within 60 days that such plan has been disapproved. The 

CONTROL OFFICER will set forth reasons for any disapproval. (This 

subsection effective 1/28/73.) 
Amended 07/01/04 70-2 

CC Air Quality Regulations 

70.4.2 The provision of Subsection 70.4.1 shall supersede that contained as part of 

the EMERGENCY EPISODE PLAN which relates to the time of submittal of 

standby plans. 

70.4.3 Each such plan shall identify the air pollutants EMITTED by the source, the 

specific facility from which each air pollutant is EMITTED, the manner in which 

reduction of EMISSIONS will be achieved during an AIR POLLUTION Alert, 

Warning, or Emergency, and the approximate reduction in EMISSIONS to be 

achieved by each reduction measure. 

70.4.4 During an AIR POLLUTION Alert, Warning, or Emergency a copy of such plan 

shall be made available on the source premises for inspection by the 

CONTROL OFFICER. 

70.5 Upon notification by the CONTROL OFFICER that an AIR POLLUTION Alert, 

Warning, or Emergency has been declared, the OWNER OR OPERATOR of each 

source which has a standby plan approved by the CONTROL OFFICER shall 

implement the EMISSION reduction measures specified in such plan. 

70.6 Any OWNER OR OPERATOR of a STATIONARY SOURCE not subject to the 

requirements of Subsection 70.1 of this section shall, when requested by the 

CONTROL OFFICER in writing, prepare and submit a standby plan in accordance 

with this section. 

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Amended 7/01/04 80-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 80 - CIRCUMVENTION

80.1 A PERSON shall not build, erect, install or use any article, machine, equipment 

or other contrivance, the use of which, without resulting in a reduction in the 

total release of air contaminants to the atmosphere, reduces or conceals an 

EMISSION which would otherwise constitute a violation of these Regulations. 

This section shall not apply to cases in which the only violation involved is of 

Subsection 40.140 of the Nevada Revised Statutes or of Section 40 of these 

Regulations. 

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Amended 7/01/04 81-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 81 - PROVISIONS OF REGULATIONS SEVERABLE

81.1 If any provision of these Regulations or the application thereof to any person 

or circumstances is held invalid or unconstitutional, such invalidity or 

unconstitutionality shall not affect the other provisions or applications of 

these Regulations which can be given effect without the invalid provision or 

application, and to this end the provisions of these Regulations are declared 

to be severable. 

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______________________________________________________________________ 

Amended 07/01/04 90-1 

CC Air Quality Regulations 

CLARK COUNTY 

 AIR QUALITY REGULATIONS 

SECTION 90 - FUGITIVE DUST FROM OPEN AREAS AND VACANT 

LOTS

90.1 FUGITIVE DUST From OPEN AREAS AND VACANT LOTS

90.1.1 Purpose: To limit the EMISSION of PARTICULATE MATTER into the AMBIENT 

AIR from OPEN AREAS AND VACANT LOTS. 

90.1.2 Applicability: The provisions of this Regulation shall apply to OPEN AREAS 

AND VACANT LOTS which are located in the PM10 NONATTAINMENT AREA

(HYDROGRAPHIC BASIN 212) and the Apex Valley (HYDROGRAPHIC BASINS 216 

and 217). Nothing in Section 90 of these Regulations shall be construed to 

prevent enforcement of Section 40 (Prohibition of NUISANCE Conditions) of 

these Regulations. The provisions of this Regulation shall not apply to 

Normal Farm Cultural Practices or the raising of fowl or animals. The 

provisions of this Regulation shall not apply to STATIONARY SOURCES as 

defined in Section 0, except that these control measures shall be considered 

as part of a BACT determination. 

90.1.3 Effective Date Of This Regulation: 

90.1.3.1 Section 90, adopted by the Clark County Board of County Commissioners 

on June 22, 2000, shall be effective in HYDROGRAPHIC BASIN 212 on 

January 1, 2001, except as otherwise provided herein. 

90.1.3.2 Section 90 shall be effective in HYDROGRAPHIC BASINS 216 and 217 on April 

1, 2002, except as otherwise provided herein. 

90.2 Requirements: 

90.2.1 OPEN AREAS AND VACANT LOTS: If OPEN AREAS AND VACANT LOTS are 

5,000 square feet or larger and are disturbed by any means, including use 

by MOTOR VEHICLES and/or OFF-ROAD MOTOR VEHICLES or material 

dumping, then the OWNER AND/OR OPERATOR of such OPEN AREAS AND 

VACANT LOTS shall implement one or more of the CONTROL MEASURES

described in Subsection 90.2.1.1 of this Regulation within 30 calendar 

days following the initial discovery of disturbance or vehicle use on OPEN 

AREAS AND VACANT LOTS. The OWNER AND/OR OPERATOR shall implement 

all control measures necessary to limit the disturbance of open areas and 
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Amended 07/01/04 90-2 

CC Air Quality Regulations 

vacant lots in accordance with the requirements of this regulation. 

Advisory Notice: In order to conserve water to the greatest extent 

practicable, the use of RECLAIMED WATER is highly encouraged. 

90.2.1.1 CONTROL MEASURES: 

(a) Where there is evidence of soil disturbance by MOTOR VEHICLES

and/or OFF-ROAD VEHICLE use, prevent MOTOR VEHICLE and/or OFFROAD VEHICLE trespassing, parking, and/or access, by installing 

barriers, curbs, fences, gates, posts, signs, shrubs, trees, or other 

effective traffic Control Measures. A stable surface area shall be 

established and maintained by using one of the CONTROL 

MEASURES set forth in Subsections 90.2.1.1(b) or (c) or by the 

effective application of water in compliance with the stabilization 

standards set forth in Subsection 90.2.1.2. Where measures to 

prevent vehicular trespassing and movement are not effective, the 

application of water will not be utilized for surface stabilization. For 

the purposes of this Subsection, use of or parking on OPEN AREAS 

AND VACANT LOTS for noncommercial and non-institutional purposes 

by the OWNER AND/OR OPERATOR of such OPEN AREAS AND VACANT 

LOTS shall not be considered vehicle use under this Subsection. In 

addition, vehicle use related to landscaping maintenance shall not 

be considered vehicle use under this Subsection. For the purpose 

of this Regulation, landscape maintenance does not include 

grading, trenching, or any other mechanized surface disturbing 

activities performed to establish initial landscapes or to redesign 

existing landscapes; or 

(b) Where a DISTURBED SURFACE AREA exists (including disturbed 

surfaces caused by MOTOR VEHICLES), uniformly apply and maintain 

surface gravel or DUST PALLIATIVES to all areas disturbed by MOTOR 

VEHICLES in compliance with one of the stabilization standards 

described in Subsection 90.2.1.2 of this Regulation; or 

(c) Where a DISTURBED SURFACE AREA exists (including disturbed 

surfaces caused by MOTOR VEHICLES and/or OFF-ROAD MOTOR 

VEHICLES), apply and maintain an alternative CONTROL MEASURE

approved in writing by the CONTROL OFFICER and the Region IX 

ADMINISTRATOR of the Environmental Protection Agency (EPA). 

90.2.1.2 Stabilization Standards: 

(a) A visible crust shall be established, as determined by 

Subsection 90.4.1.1 (The Drop Ball/Steel Ball Test) of these 

Regulations; or, 
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Amended 07/01/04 90-3 

CC Air Quality Regulations 

(b) A percent cover that is equal to or greater than 20% for nonerodible elements shall be established, as determined by 

Subsection 90.4.1.2 (Rock Test Method) of these Regulations; or, 

(c) A threshold friction velocity, corrected for non-erodible elements of 

100 cm/second or higher, shall be established, as determined by 

Subsection 90.4.1.3 (Determination Of Threshold Friction Velocity) 

of this Regulation; or, 

(d) An alternative test method approved in writing by the CONTROL 

OFFICER and the Region IX ADMINISTRATOR of the EPA. 

90.2.2 Dust Mitigation Plans Required: Any OWNER AND/OR OPERATOR of OPEN 

AREAS AND VACANT LOTS having a cumulative area of 10,000 acres or 

greater must submit a dust mitigation plan to the Department of Air Quality 

and Environmental Management for approval by March 31, 2003, in a 

format prescribed by the CONTROL OFFICER. 

90.2.3 Mechanized Weed Abatement and/or Trash Removal: If machinery is 

used to clear weeds and/or trash from OPEN AREAS AND VACANT LOTS of 

5,000 square feet or larger, then the following Control Measures set forth 

in Subsection 90.2.3.1 shall be applied. Advisory Notice: In order to 

conserve water to the greatest extent practicable, the use of RECLAIMED 

WATER is highly encouraged. 

90.2.3.1 CONTROL MEASURES

(a) Pre-wet surface soils before mechanized weed abatement and/or 

trash removal occurs; and, 

(b) Maintain dust control measures while mechanized weed abatement 

and/or trash removal is occurring; and, 

(c) PAVE, apply gravel, apply water, or apply a suitable DUST 

PALLIATIVE, in compliance with the stabilization standards set forth 

in Subsection 90.2.1.2 of this Regulation, after mechanized weed 

abatement and/or trash removal occurs. 

90.3 Record Keeping Requirements 

90.3.1 Record Keeping: Any PERSON subject to the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

MEASURE, extent of coverage, and date applied. The records and 

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours of a written request. 
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Amended 07/01/04 90-4 

CC Air Quality Regulations 

90.3.2 Record Retention: Copies of the records required by Subsection 90.3.1 

(Record Keeping Requirements) of this Regulation shall be retained for at 

least one year. 

90.4 Test Methods 

90.4.1 Stabilization Standards For OPEN AREAS AND VACANT LOTS: The test 

methods described in Subsections 90.4.1.1 through Subsections 90.4.1.3 of 

this Regulation shall be used to determine whether an OPEN AREA or a 

VACANT LOT has a stabilized surface. Should a disturbed OPEN AREA or 

VACANT LOT contain more than one type of disturbance, soil, or other 

characteristics which are visibly distinguishable, each representative 

surface must be tested separately for stability in an area that represents a 

random portion of the overall disturbed conditions of the site, utilizing the 

appropriate test methods in Subsections 90.4.1.1 through Subsections 

90.4.1.3 of this Regulation. Depending upon test method results, include or 

eliminate each representative surface from the total size assessment of 

the DISTURBED SURFACE AREA(S). 

90.4.1.1 Soil Crust Determination (The Drop Ball Test): Drop a steel ball with a 

diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16-

17 grams from a distance of 30 centimeters (one foot) directly above the 

soil surface. If blowsand is present, clear the blowsand from the surfaces 

on which the soil crust test method is conducted. Blowsand is defined as 

thin deposits of loose uncombined grains covering less than 50% of an 

OPEN AREA or VACANT LOT which have not originated from the 

representative OPEN AREA or VACANT LOT surface being tested. If material 

covers a visible crust, which is not blowsand, apply the test method in 

Subsection 90.4.1.3 (Determination Of Threshold Friction Velocity) of this 

Regulation to the loose material to determine whether 

the surface is stabilized. 

(a) A sufficient crust is defined under the following conditions: once a 

ball has been dropped according to Subsection 90.4.1.1 of this 

Regulation, the ball does not sink into the surface, so that it is 

partially or fully surrounded by loose grains and, upon removal of 

the ball, the surface upon which it fell has not been pulverized, so 

that loose grains are visible. 

(b) Randomly select each representative DISTURBED SURFACE for the 

drop ball test by using a blind “over the shoulder” toss of a 

throwable object (for example, a metal weight with survey tape 

attached). Using the point of fall as the lower left hand corner, 

measure a 1-foot square area. Drop the ball three times within the 

1-foot by 1-foot square survey area, using a consistent pattern 
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Amended 07/01/04 90-5 

CC Air Quality Regulations 

across the survey area. The survey area shall be considered to 

have passed the Soil Crust Determination Test if at least two of the 

three times the ball was dropped, the results met the criteria in 

Subsection 90.4.1.1(a) of this Regulation. Select at least two other 

survey areas that represent a random portion of the overall 

disturbed conditions of the site, and repeat this procedure. If the 

results meet the criteria of Subsection 90.4.1.1(a) of this Regulation 

for all of the survey areas tested, then the site shall be considered 

to have passed the Soil Crust Determination Test and shall be 

considered sufficiently crusted. 

(c) At any given site, the existence of a sufficient crust covering one 

portion of the site may not represent the existence or 

protectiveness of a crust on another portion of the site. Repeat the 

soil crust test as often as necessary on each portion of the overall 

conditions of the site using the random selection method set forth in 

Subsection 90.4.1.1(b) of this Regulation for an accurate 

assessment. 

90.4.1.2 Rock Test Method: The Rock Test Method, which is similar to Subsection 

90.4.1.3 (Determination Of Threshold Friction Velocity) of this Regulation, 

examines the wind-resistance effects of rocks and other non-erodible 

elements on disturbed surfaces. Non-erodible elements are objects larger 

than 1 centimeter (cm) in diameter that remain firmly in place even on 

windy days. Typically, non-erodible elements include rocks, stones, glass 

fragments, and hardpacked clumps of soil lying on or embedded in the 

surface. Vegetation does not count as a non-erodible element in this 

method. The purpose of this test method is to estimate the percent cover 

of non-erodible elements on a given surface to see whether such 

elements take up enough space to offer protection against windblown 

dust. For simplification, the following test method refers to all non-erodible 

elements as “rocks.” 

(a) Randomly select a 1 meter by 1 meter survey area within an area 

that represents the general rock distribution on the surface (a 1 

meter by 1 meter area is slightly greater than a 3 foot by 3 foot 

area). Use a blind “over the shoulder” toss of a throwable object 

(for example, a metal weight with survey tape attached) to select 

the survey surface and using the point of fall as the lower left hand 

corner, measure a 1 meter by 1 meter survey area. Mark-off the 

survey area by tracing a straight, visible line in the dirt along the 

edge of a measuring tape or by placing short ropes, yard sticks, or 

other straight objects in a square around the survey area. 

(b) Without moving any of the rocks or other elements, examine the 

survey area. Since rocks greater than 3/8 inch (1 cm) in diameter 
______________________________________________________________________ 

Amended 07/01/04 90-6 

CC Air Quality Regulations 

are of interest, measure the diameter of some of the smaller rocks 

to a get a sense of which rocks need to be considered. 

(c) Mentally group the rocks greater than 3/8 inch (1cm) diameter lying 

in the survey area into small, medium, and large size categories. If 

the rocks are all approximately the same size, simply select a rock 

of average size and typical shape. Without removing any of the 

rocks from the ground, count the number of rocks in the survey 

area in each group and write down the resulting number. 

(d) Without removing rocks, select one or two average-size rocks in 

each group and measure the length and width. Use either metric 

units or standard units. Using a calculator, multiply the length times 

the width of the rocks to get the average dimensions of the rocks in 

each group. Write down the results for each rock group. 

(e) For each rock group, multiply the average dimensions (length times 

width) by the number of rocks counted in the group. Add the 

results from each rock group to get the total rock area within the 

survey area. 

(f) Divide the total rock area, calculated in Subsection 90.4.1.2(e) of 

this Regulation, by two (to get frontal area). Divide the resulting 

number by the size of the survey area (make sure the units of 

measurement match), and multiply by 100 for percent rock cover. 

For example, the total rock area is 1,400 square centimeters, divide 

1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 

meter by 1 meter, which is 100 centimeters by 100 centimeters or 

10,000 centimeters) and multiply by 100. The result is 7% rock 

cover. If rock measurements are made in inches, convert the 

survey area from meters to inches (1 inch = 2.54 centimeters). 

(g) Select and mark-off two additional survey areas and repeat the 

procedures described in Subsection 90.4.1.2(a) through Subsection 

90.4.1.2(f) of this Regulation. Make sure the additional survey 

areas also represent the general rock distribution on the site. 

Average the percent cover results from all three survey areas to 

estimate the average percent of rock cover. 

(h) If the average rock cover is greater than or equal to 20%, the 

surface is stable. If the average rock cover is less than 20%, follow 

the procedures in Subsection 90.4.1.2(i) of this Regulation. 

(i) If the average rock cover is less than 20%, the surface may or may 

not be stable. Follow the procedures in Subsection 90.4.1.3 

(Determination Of Threshold Friction Velocity) of this Regulation 
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Amended 07/01/04 90-7 

CC Air Quality Regulations 

and use the results from the rock test method as a correction (i.e., 

multiplication) factor. If the rock cover is at least 1%, such rock 

cover helps to limit windblown dust. However, depending on the 

soil’s ability to release fine dust particles into the air, the percent 

rock cover may or may not be sufficient enough to stabilize the 

surface. It is also possible that the soil itself has a high enough 

Threshold Friction Velocity (TFV) to be stable without accounting 

for rock cover. 

(j) After completing the procedures described in Subsection 90.4.1.2(i) 

of this Regulation, use Table 2 of this Regulation to identify the 

appropriate correction factor to the TFV, depending on the percent 

rock cover. Multiply the correction factor by the TFV value for a 

final TFV estimate that is corrected for non-erodible elements. 

90.4.1.3 Determination Of Threshold Friction Velocity (TFV): For DISTURBED 

SURFACE AREAS that are not crusted or vegetated, determine TFV 

according to the following sieving field procedure (based on a 1952 

laboratory procedure published by W. S. Chepil). 

(a) Obtain and stack a set of sieves with the following openings: 4 

millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm, or obtain 

and stack a set of standard/commonly available sieves. Place the 

sieves in order according to size openings, beginning with the 

largest size opening at the top. Place a collector pan underneath 

the bottom (0.25 mm) sieve. Collect a sample of loose surface 

material from an area at least 30 cm by 30 cm in size, to a depth of 

approximately 1 cm using a brush and dustpan or other similar 

device. Only collect soil samples from dry surfaces (i.e., when the 

surface is not damp to the touch). Remove any rocks larger than 1 

cm in diameter from the sample. Pour the sample into the top sieve 

(4 mm opening) and cover the sieve/collector pan unit with a lid. 

Minimize escape of particles into the air when transferring surface 

soil into the sieve/collector pan unit. Move the covered 

sieve/collector pan unit by hand using a broad, circular arm motion 

in the horizontal plane. Complete twenty circular arm movements, 

ten clockwise and ten counterclockwise, at a speed just necessary 

to achieve some relative horizontal motion between the sieves and 

the particles. Remove the lid from the sieve/collector pan unit and 

disassemble each sieve separately, beginning with the largest 

sieve. As each sieve is removed, examine it for loose particles. If 

loose particles have not been sifted to the finest sieve through 

which they can pass, reassemble and cover the sieve/collector pan 

unit and gently rotate it an additional ten times. After disassembling 

the sieve/collector pan unit, slightly tilt and gently tap each sieve, 

and the collector pan, so that material aligns along one side. In 
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Amended 07/01/04 90-8 

CC Air Quality Regulations 

doing so, minimize escape of particles into the air. Line up the 

sieves and collector pan in a row and visibly inspect the relative 

quantities of catch in order to determine which sieve (or whether 

the collector pan) contains the greatest volume of material. If a 

visual determination of relative volumes of catch among sieves is 

difficult, use a graduated cylinder to measure the volume. Estimate 

TFV for the sieve catch with the greatest volume using Table 1 of 

this Subsection, which provides a correlation between sieve 

opening size and TFV. 

Table 1. Determination Of Threshold Friction Velocity 

 

Tyler Sieve No. ASTM 11 Opening TFV 

 Sieve No. (mm) (cm/s) 

 _____

 5 5 4 135 

 9 10 2 100 

 16 18 1 76 

 32 35 0.5 58 

 60 60 0.25 43 

 Collector Pan ⎯ ⎯ 30 

(b) Collect at least three soil samples which represent random portions 

of the overall conditions of the site, repeat the above TFV test 

method for each sample and average the resulting TFVs together 

to determine the TFV uncorrected for non-erodible elements. Nonerodible elements are distinct elements, in the random portion of 

the overall conditions of the site, that are larger than 1 cm in 

diameter, remain firmly in place during a wind episode, and inhibit 

soil loss by consuming part of the shear stress of the wind. Nonerodible elements include stones and bulk surface material but do 

not include flat or standing vegetation. For surfaces with nonerodible elements, determine corrections to the TFV by identifying 

the fraction of the survey area, as viewed from directly overhead, 

that is occupied by non-erodible elements using the following 

procedure. For a more detailed description of this procedure, see 

Subsection 90.4.1.2 (Rock Test Method) of this Regulation. Select 

a survey area of 1 meter by 1 meter that represents a random 

portion of the overall conditions of the site. Where many nonerodible elements lie within the survey area, separate the nonerodible elements into groups according to size. For each group, 

calculate the overhead area for the non-erodible elements 

according to the following equations: 
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Amended 07/01/04 90-9 

CC Air Quality Regulations 

 Eq. 1: (Average length) x (Average width) = Average Dimensions. 

 Eq. 2: (Average Dimensions) x (Number of Elements) = Overhead Area. 

 Eq. 3: Overhead Area Of Group 1 + Overhead Area Of Group 2 (etc.) = 

Total Overhead Area. 

 Eq. 4: Total Overhead Area/2 = Total Frontal Area. 

 Eq. 5: (Total Frontal Area/Survey Area) x 100 = Percent Cover Of NonErodible Elements. 

 Note: Ensure consistent units of measurement (e.g. square meters or 

square inches when calculating percent cover). 

Repeat this procedure on an additional two distinct survey areas that represent 

a random portion of the overall conditions of the site and average the results. 

Use Table 2 of this Subsection to identify the correction factor for the percent 

cover of non-erodible elements. Multiply the TFV by the corresponding 

correction factor to calculate the TFV corrected for non-erodible elements. 

Table 2. Correction Factors For Threshold Friction Velocity 

 Percent Cover Of Non-Erodible Elements Correction Factor 

 

 Greater than or equal to 10% 5 

 Greater than or equal to 5% and less than 10% 3 

 Less than 5% and greater than or equal to 1% 2 

 Less than 1% None 

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History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 

2004. 
Amended 7/01/04 91-1 

CC Air Quality Regulations

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 91 - FUGITIVE DUST FROM UNPAVED ROADS, UNPAVED 

ALLEYS, AND UNPAVED EASEMENT ROADS

91.1 FUGITIVE DUST From Unpaved Roads, Unpaved Alleys, and Unpaved 

EASEMENT Roads

91.1.1 Purpose: To limit the Emission of PARTICULATE MATTER into the AMBIENT 

AIR from unpaved roads, unpaved alleys, unpaved ROAD EASEMENTS and 

unpaved access roads for utilities and railroads. 

91.1.2 Applicability: The provisions of this Regulation shall apply to unpaved 

roads, which includes unpaved alleys, unpaved ROAD EASEMENTS and 

unpaved access roads for utilities and railroads which are located in the 

PM10 NON-ATTAINMENT AREA (HYDROGRAPHIC BASIN 212) and the Apex Valley 

(HYDROGRAPHIC BASINS 216 and 217). Nothing in Subsections 91.1 through 

91.3 of these Regulations shall be construed to prevent enforcement of 

Section 40 (Prohibition of NUISANCE Conditions) of these Regulations. The 

provisions of this Regulation shall not apply to non-commercial and noninstitutional private driveways and shall not apply to horse trails, hiking paths, 

bicycle paths, or other similar paths that have been officially designated by a 

governing body for exclusive use for purposes other than travel by motor 

vehicles. The provisions of this Regulation shall not apply to STATIONARY 

SOURCES as defined in Section 0, except that these control measures shall 

be considered as part of a BACT determination. 

91.1.3 Effective Date Of This Regulation: 

91.1.3.1 Regulations 91.1 through 91.3 shall be effective in HYDROGRAPHIC BASIN

212 on their adoption by the District Board of Health of Clark County on 

June 22, 2000. 

91.1.3.2 Regulations 91.1 through 91.3 shall be effective in HYDROGRAPHIC BASINS

216 and 217 on April 1, 2002. 

91.2 Requirements: 

91.2.1 Unpaved Roads: An OWNER AND/OR OPERATOR of an unpaved road in the 

PM10 NON-ATTAINMENT AREA, shall implement one of the CONTROL MEASURES
Amended 7/01/04 91-2 

CC Air Quality Regulations

set forth in Subsection 91.2.1.3 of this Regulation, except as set forth in 

Subsection 91.2.1.1 of this Regulation. For the purpose of this Regulation, 

the CONTROL MEASURES shall be considered effectively implemented when 

the unpaved roadway complies with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. Advisory Notice: In order to 

conserve water to the greatest extent practicable, the use of RECLAIMED 

WATER is highly encouraged. 

91.2.1.1 Implementation Of CONTROL MEASURES For Existing Unpaved Roads: 

91.2.1.1.1 OWNERS AND/OR OPERATORS of existing unpaved roads that were 

constructed prior to June 22, 2000 in HYDROGRAPHIC BASIN 212 shall 

implement one of the CONTROL MEASURES set forth Subsection 91.2.1.3 of 

this Regulation according to the following schedule: 

(a) CONTROL MEASURES shall be implemented for one third (1/3) of the 

total miles of unpaved roads having vehicular traffic of 150 vehicles 

or more per day in accordance with Subsection 91.2.1.3 (CONTROL 

MEASURES) of this Regulation by June 1, 2001. 

91 CONTROL MEASURES shall be implemented for two thirds (2/3) of the 

total miles of unpaved roads having vehicular traffic of 150 vehicles 

or more per day in accordance with Subsection 91.2.1.3 (CONTROL 

MEASURES) of this Regulation by June 1, 2002. 

(c) CONTROL MEASURES shall be implemented for all unpaved roads 

having vehicular traffic of 150 vehicles or more per day in 

accordance with Subsection 91.2.1.3 (CONTROL MEASURES) of this 

Regulation by June 1, 2003. 

(d) CONTROL MEASURES set forth in Subsection 91.2.1.3 shall be 

implemented for existing unpaved roads on which vehicular traffic is 

equal to or greater than 150 vehicles per day that develops after 

June 1, 2003. CONTROL MEASURES shall be implemented within 365 

calendar days following the initial discovery that vehicular traffic 

equals or exceeds 150 vehicles per day and that the road surface 

does not comply with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. The CONTROL OFFICER may 

require short-term stabilization of any unpaved road subject to 

Subsection 91.2.1.1(d). 

(e) Non-federal Requirement: CONTROL MEASURES set forth in 

Subsection 91.2.1.3 shall be implemented for existing unpaved 

roads having vehicular traffic of less than 150 vehicles per day 

within 365 calendar days following the initial discovery that the road 

surface does not comply with the stabilization standards set forth in 

Section 91.2.1.4 of this Regulation. The requirements of this 
Amended 7/01/04 91-3 

CC Air Quality Regulations

Subsection (91.2.1.1 (e) shall not constitute applicable State 

Implementation Plan requirements pursuant to Section 189 of the 

federal Clean Air Act. The CONTROL OFFICER may require shortterm stabilization of any unpaved road subject to Subsection 

91.2.1.1 (e)). For the purpose of this Subsection, the CONTROL 

MEASURES shall be considered effectively implemented when the 

unpaved road complies with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. 

91.2.1.1.2 OWNERS AND/OR OPERATORS of existing unpaved roads that were 

constructed prior to April 1, 2002 in HYDROGRAPHIC BASINS 216 and 217

shall implement one of the CONTROL MEASURES set forth Subsection 

91.2.1.3 of this Regulation according to the following schedule: 

(a) CONTROL MEASURES shall be implemented for one third (1/3) of the 

total miles of unpaved roads having vehicular traffic of 150 vehicles 

or more per day in accordance with Subsection 91.2.1.3 (CONTROL 

MEASURES) of this Regulation by April 1, 2003. 

(b) CONTROL MEASURES shall be implemented for two thirds (2/3) of the 

total miles of unpaved roads having vehicular traffic of 150 vehicles 

or more per day in accordance with Subsection 91.2.1.3 (CONTROL 

MEASURES) of this Regulation by April 1, 2004. 

(c) CONTROL MEASURES shall be implemented for all unpaved roads 

having vehicular traffic of 150 vehicles or more per day in 

accordance with Subsection 91.2.1.3 (CONTROL MEASURES) of this 

Regulation by April 1, 2005. 

(d) CONTROL MEASURES set forth in Subsection 91.2.1.3 shall be 

implemented for existing unpaved roads on which vehicular traffic is 

equal to or greater than 150 vehicles per day that develops after 

April 1, 2005. CONTROL MEASURES shall be implemented within 365 

calendar days following the initial discovery that vehicular traffic 

equals or exceeds 150 vehicles per day and that the road surface 

does not comply with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. The CONTROL OFFICER may 

require short-term stabilization of any unpaved road subject to 

Subsection 91.2.1.1(d). 

 (e) Non-federal Requirement: CONTROL MEASURES set forth in 

Subsection 91.2.1.3 shall be implemented for existing unpaved 

roads having vehicular traffic of less than 150 vehicles per day 

within 365 calendar days following the initial discovery that the road 

surface does not comply with the stabilization standards set forth in 

Section 91.2.1.4 of this Regulation. The requirements of this 

Subsection (91.2.1.1 (e) shall not constitute applicable State 
Amended 7/01/04 91-4 

CC Air Quality Regulations

Implementation Plan requirements pursuant to Section 189 of the 

federal Clean Air Act. The CONTROL OFFICER may require shortterm stabilization of any unpaved road subject to Subsection 

91.2.1.1 (e)). For the purpose of this Subsection, the CONTROL 

MEASURES shall be considered effectively implemented when the 

unpaved road complies with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. 

91.2.1.2 No unpaved roads or alleys may be constructed in public thoroughfares in 

HYDROGRAPHIC BASIN 212 after June 22, 2000, or in HYDROGRAPHIC BASINS

216 and 217 after April 1, 2002, unless the unpaved road is an interim 

component of an active paving project. 

91.2.1.3 CONTROL MEASURES:

 (a) PAVE, or 

(b) Apply DUST PALLIATIVES, in compliance with the stabilization 

standards set forth in Subsection 91.2.1.4 of this Regulation, or

(c) Apply and maintain and alternative CONTROL MEASURE approved in 

writing by the CONTROL OFFICER and the Region IX Administrator of 

the EPA.

91.2.1.4 Stabilization Standards: For the purpose of this rule, CONTROL 

MEASURES shall be considered effectively implemented when stabilization 

observations for FUGITIVE Dust EMISSIONS from unpaved roads and 

unpaved alleys do not exceed 20% OPACITY and do not equal or exceed 

0.33 oz/ft2

 silt loading, or do not exceed 6% silt content, as determined by 

Subsection 91.4.1 of these Regulations. 

91.3 Record Keeping Requirements 

91.3.1 Record Keeping: Any person subject to the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

MEASURE, extent of coverage, and date applied. The records and 

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours from written or verbal request. 

91.3.2 Records Retention: Copies of the records required by Subsection 91.3.1 

(Record Keeping Requirements) of this Regulation shall be 

retained for at least one year. 

91.3.3 Reports Required: In addition to complying with the record keeping 

requirements specified in Subsection 91.3.1, OWNERS of unpaved roads 

shall be subject to the requirements set forth in Subsection 91.2.1.1, and 
Amended 7/01/04 91-5 

CC Air Quality Regulations

shall prepare and submit a written report to the CONTROL OFFICER

documenting compliance with the provisions of Subsection 91.2.1.1. This 

report shall be prepared for the years 2001, 2002, and 2003 for OWNERS

of unpaved roads in HYDROGRAPHIC BASIN 212, for the years 2003, 2004, 

and 2005 for OWNERS of unpaved roads in HYDROGRAPHIC BASINS 216 and 

217, and shall be submitted to the CONTROL OFFICER no later than October 

first of each year and shall include: 

91.3.3.1 The total miles of unpaved roads under the jurisdiction of the OWNER and 

the miles PAVED during the reporting period subject to the requirements of 

Subsection 91.2.1.1. Miles of PAVING for roads subject to Subsections 

91.2.1.1.1(a), 91.2.1.1.1(b), and 91.2.1.1.1(c) must be listed separately 

from paving of roads found to be subject Subsection 91.2.1.1.1 (d). Miles 

of PAVING for roads subject to Subsections 91.2.1.1.2(a), 91.2.1.1.2(b), 

and 91.2.1.1.2(c) must be listed separately from paving of roads found to 

be subject Subsection 91.2.1.1.2(d). 

91.4 Test Methods 

91.4.1 Stabilization Test Methods For Unpaved Roads And Unpaved Alleys: 

91.4.1.1 OPACITY Test Method: The purpose of this test method is to estimate the 

percent OPACITY of FUGITIVE DUST plumes caused by vehicle movement on 

unpaved roads, unpaved alleys, and unpaved EASEMENTS. This method 

can only be conducted by an individual who has received certification as a 

qualified Visible EMISSIONS Evaluator. 

(a) Step 1: Stand at least 16.5 feet from the FUGITIVE DUST source in 

order to provide a clear view of the EMISSIONS with the sun oriented 

in the 140-degree sector to the back. Following the above 

requirements, make OPACITY observations so that the line of vision 

is approximately perpendicular to the dust plume and wind 

direction. If multiple plumes are involved, do not include more than 

one plume in the line of sight at one time. 

(b) Step 2: Record the FUGITIVE DUST source location, source type, 

method of control used, if any, observer's name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

FUGITIVE DUST source. Also, record the time, estimated distance to 

the FUGITIVE DUST source location, approximate wind direction, 

estimated wind speed, description of the sky condition (presence 

and color of clouds), observer's position to the FUGITIVE DUST

source, and color of the plume and type of background on the 

visible emission observation form both when OPACITY readings are 

initiated and completed. 
Amended 7/01/04 91-6 

CC Air Quality Regulations

 (c) Step 3: Make OPACITY observations, to the extent possible, using a 

contrasting background that is perpendicular to the line of vision. 

Make OPACITY observations approximately 1 meter above the 

surface from which the plume is generated. Note that the 

observation is to be made at only one visual point upon generation 

of a plume, as opposed to visually tracking the entire length of a 

dust plume as it is created along a surface. Make two observations 

per vehicle, beginning with the first reading at zero seconds and the 

second reading at five seconds. The zero-second observation 

should begin immediately after a plume has been created above 

the surface involved. Do not look continuously at the plume but, 

instead, observe the plume briefly at zero seconds and then again 

at five seconds. 

(d) Step 4: Record the OPACITY observations to the nearest 5% on an 

observational record sheet. Each momentary observation recorded 

represents the average OPACITY of EMISSIONS for a 5-second 

period. While it is not required by the test method, EPA 

recommends that the observer estimate the size of vehicles which 

generate dust plumes for which readings are taken (e.g. mid-size 

passenger car or heavy-duty truck) and the approximate speeds 

the vehicles are traveling when readings are taken. 

(e) Step 5: Repeat Step 3 (Subsection 91.4.1.1(c) of this Regulation) 

and Step 4 (Subsection 91.4.1.1 (d) of this Regulation) until you 

have recorded a total of 12 consecutive OPACITY readings. This will 

occur once six vehicles have driven on the source in your line of 

observation for which you are able to take proper readings. The 12 

consecutive readings must be taken within the same period of 

observation but must not exceed 1 hour. Observations immediately 

preceding and following interrupted observations can be considered 

consecutive. 

(f) Step 6: Average the 12 OPACITY readings together. If the average 

OPACITY reading equals 20% or lower, the source is in compliance 

with the OPACITY standard described in Section 91 of these 

Regulations. 

91.4.1.2 Silt Content Test Method: The purpose of this test method is to estimate 

the silt content of the trafficked parts of unpaved roads, unpaved alleys, 

and unpaved EASEMENTS. The higher the silt content, the greater the 

amount of fine dust particles that are entrained into the atmosphere when 

cars and trucks drive on unpaved roads, unpaved alleys, and unpaved 

EASEMENTS. 

(a) Equipment: 
Amended 7/01/04 91-7 

CC Air Quality Regulations

(1) A set of sieves with the following openings: 4 millimeters 

(mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm, a lid, and 

collector pan 

(2) A small whiskbroom or paintbrush with stiff bristles and 

dustpan 1 foot in width (the broom/brush should preferably 

have one, thin row of bristles no longer than 1.5 inches in 

length) 

(3) A spatula without holes 

(4) A small scale with half ounce increments (e.g., postal/ 

package scale) 

(5) A shallow, lightweight container (e.g., plastic storage 

container) 

(6) A sturdy cardboard box or other rigid object with a level 

surface 

(7) A calculator 

(8) Cloth gloves (optional for handling metal sieves on hot, 

sunny days) 

(9) Sealable plastic bags (if sending samples to a laboratory) 

(10) A pencil/pen and paper 

(b) Step 1: Look for a routinely traveled surface, as evidenced by tire 

tracks (only collect samples from surfaces that are not damp due to 

precipitation or dew). This statement is not meant to be a standard 

in itself for dampness where watering is being used as a CONTROL 

MEASURE. It is only intended to ensure that surface testing is done 

in a representative manner. Use caution when taking samples to 

ensure personal safety with respect to passing vehicles. Gently 

press the edge of a dustpan (1 foot in width) into the surface four 

times to mark an area that is 1 square foot. Collect a sample of 

loose surface material using a whiskbroom or brush and slowly 

sweep the material into the dustpan, minimizing escape of dust 

particles. Use a spatula to lift heavier elements such as gravel. 

Only collect dirt/gravel to an approximate depth of 3/8 inch or 1 cm 

in the 1 square foot area. If you reach a hard, underlying 

subsurface that is greater than 3/8 inch in depth, do not continue 

collecting the sample by digging into the hard surface. In other 

words, you are only collecting a surface sample of loose material 

down to 1 cm. In order to confirm that samples are collected to 1 
Amended 7/01/04 91-8 

CC Air Quality Regulations

cm in depth, a wooden dowel or other similar narrow object at least 

one foot in length can be laid horizontally across the survey area 

while a metric ruler is held perpendicular to the dowel. 

• At this point, you can choose to place the sample collected 

into a plastic bag or container and take it to an independent 

laboratory for silt content analysis. A reference to the 

procedure the laboratory is required to follow is at the end of 

this section. 

(c) Step 2: Place a scale on a level surface. Place a lightweight 

container on the scale. Zero the scale with the weight of the empty 

container on it. Transfer the entire sample collected in the dustpan 

to the container, minimizing escape of dust particles. Weigh the 

sample and record its weight. 

(d) Step 3: Stack a set of sieves in order according to the size 

openings specified above, beginning with the largest size opening 

(4 mm) at the top. Place a collector pan underneath the bottom 

(0.25 mm) sieve. 

(e) Step 4: Carefully pour the sample into the sieve stack, minimizing 

escape of dust particles by slowly brushing material into the stack 

with a whiskbroom or brush (on windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift up the 

sieve stack and shake it vigorously up, down and sideways for at 

least 1 minute. 

(f) Step 5: Remove the lid from the stack and disassemble each sieve 

separately, beginning with the top sieve. As you remove each 

sieve, examine it to make sure that all of the material has been 

sifted to the finest sieve through which it can pass; e.g. material in 

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, 

re-stack the sieves and collector pan, cover the stack with the lid, 

and shake it again for at least 1 minute (you only need to 

reassemble the sieve(s) that contain material, which requires 

further sifting). 

(g) Step 6: After disassembling the sieves and collector pan, slowly 

sweep the material from the collector pan into the empty container 

originally used to collect and weigh the entire sample. Take care to 

minimize escape of dust particles. You do not need to do anything 

with material captured in the sieves; only the collector pan. Weigh 

the container with the material from the collector pan and record its 

weight. 
Amended 7/01/04 91-9 

CC Air Quality Regulations

(h) Step 7: If the source is an unpaved road, multiply the resulting 

weight by 0.38. If the source is an UNPAVED PARKING LOT, multiply 

the resulting weight by 0.55. The resulting number is the estimated 

silt loading. Then, divide by the total weight of the sample you 

recorded earlier in Step 2 (Subsection 91.4.1.2(c) of this 

Regulation) and multiply by 100 to estimate the percent silt content. 

(i) Step 8: Select another two routinely traveled portions of the 

unpaved road or UNPAVED PARKING LOT and repeat this test method. 

 Once you have calculated the silt loading and percent silt content 

of the 3 samples collected, average your results together. 

(j) Step 9: Examine Results. If the average silt loading is less than 

0.33 oz/ft2, the surface is stable. If the average silt loading is 

greater than or equal to 0.33 oz/ft2, then proceed to examine the 

average percent silt content. If the source is an unpaved road, 

unpaved alley, or unpaved EASEMENT and the average percent silt 

content is 6% or less, the surface is stable. If your field test results 

are within 2% of the standard (for example, 4%-8% silt content on 

an unpaved road, alley, or EASEMENT), it is recommended that you 

collect 3 additional samples from the source according to Step 1 

(Subsection 91.4.1.2(b) of this Regulation) and take them to an 

independent laboratory for silt content analysis. 

(k) Independent Laboratory Analysis: You may choose to collect 3 

 samples from the source, according to Step 1 (Subsection 

 91.4.1.2(b) of this Regulation), and send them to an independent 

 laboratory for silt content analysis rather than conduct the sieve 

 field procedure. If so, the test method the laboratory is required to 

 use is: 

"Procedures For Laboratory Analysis Of Surface/Bulk 

Loading Samples", (Fifth Edition, Volume I, 

Appendix C.2.3 "Silt Analysis", 1995), AP-42, 

Office of Air Quality Planning & Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

History: Initial Adoption: June 22, 2000. 

 Amended: November 16, 2000; December 21, 2000; June 3, 2003; July 1, 2004. 
Amended 08/02/11 92-1 

CC Air Quality Regulations 

SECTION 92: FUGITIVE DUST FROM UNPAVED PARKING LOTS AND 

STORAGE AREAS 

92.1 Fugitive Dust from Unpaved Parking Lots and Storage Areas ........................ 2 

92.1.1 Purpose ........................................................................................... 2 

92.1.2 Applicability ..................................................................................... 2 

92.2 Definitions ....................................................................................................... 2 

92.3 Requirements .................................................................................................. 2 

92.3.1.1 New Unpaved Parking Lots or Storage Areas ................................. 3 

92.3.1.2. Control Measures ............................................................................ 3 

92.4 Performance Standards .................................................................................. 4 

92.4.1 Stabilization Standards ................................................................... 4 

92.4.2 Prohibition of Dust Over Property Line ............................................ 4 

92.5 Recordkeeping Requirements ......................................................................... 4 

92.5.1 Recordkeeping ................................................................................ 4 

92.5.2 Records Retention .......................................................................... 4 

92.6 Test Methods .................................................................................................. 5 

92.6.1 Stabilization Test Methods for Unpaved Parking Lots and Storage 

Areas ............................................................................................... 5 

92.6.1.1 Opacity Test Method ....................................................................... 5 

92.6.1.2. Silt Content Test Method ................................................................. 6 
Amended 08/02/11 92-2 

CC Air Quality Regulations 

92.1 Fugitive Dust from Unpaved Parking Lots and Storage Areas 

92.1.1 Purpose 

 The purpose of this section is to limit the emission of particulate matter 

into the ambient air from unpaved parking lots, including storage areas as 

defined in Section 0. 

92.1.2 Applicability 

 The provisions of this regulation shall apply to unpaved parking lots and 

storage areas which are located in the PM10 nonattainment area 

(Hydrographic Basin 212) or in the Apex Valley (Hydrographic Basins 216 

and 217), and which are not regulated by Section 94. Unpaved parking 

lots and storage areas include automobile impound yards, wrecking yards, 

automobile dismantling yards, salvage yards, material handling yards, 

equestrian staging facilities, and storage yards. For the purposes of this 

regulation, maneuvering shall not include military maneuvers or exercises 

conducted on federal facilities. Nothing in Sections 92.1 through 92.6 shall 

be construed to prevent enforcement of Section 40 (“Prohibition of 

Nuisance Conditions”). The provisions of this regulation shall not apply to 

stationary sources as defined in Section 0, except that these control 

measures shall be considered as part of a BACT determination. 

92.2 Definitions 

(a) The following term has the meanings set forth below for the 

purposes of Section 92. Any term not defined in these paragraphs 

shall have the meaning given in Section 0 or the Clean Air Act. 

(b) “Equestrian staging area” means the area(s) used exclusively to 

load, unload, and saddle horses; organize riders before a ride; and 

park vehicles used to transport horses. 

92.3 Requirements 

92.3.1 The owner and/or operator of an existing unpaved parking lot or storage 

area in Hydrographic Basins 212, 216, or 217 shall implement one or 

more of the control measures described in Section 92.3.1.2 as necessary 

to comply with the stabilization standards of Section 92.4.1. For unpaved 

parking lots and storage areas that are utilized intermittently, for a period 

of 35 days or less during the calendar year, the owner and/or operator 

shall implement one or more of the control measures described in Section 

92. 3.1.2 during the period that the unpaved parking lot or storage area is 

utilized for vehicle parking or storage. For the purpose of this regulation, 

the control measures set forth in Section 92.3.1.2 shall be considered 
Amended 08/02/11 92-3 

CC Air Quality Regulations 

effectively implemented when the unpaved parking lot or storage area 

meets the stabilization standards described in Section 92.4.1. 

92.3.1.1 New Unpaved Parking Lots or Storage Areas 

No unpaved parking lots or storage areas may be constructed in 

Hydrographic Basins 212, 216, or 217 as of January 1, 2003 except as 

provided in this section. 

(a) Exemptions. The requirements of this Section shall not be 

applicable to parking lots for rural public facilities, such as 

trailheads, campgrounds, and similar facilities where paved parking 

lots would conflict with the rural nature of these facilities, provided 

such unpaved parking lot is stabilized in accordance with Sections 

92. 3.1.2(b) through (d) prior to being used. For the purposes of this 

Section, a rural public facility shall not include any facility located 

within the BLM Disposal Boundary. 

(b) Material Storage and Handling Areas. If an area is used for 

storing and handling of landscaping, aggregate, and other similar 

bulk materials, the owner and/or operator shall implement one or 

more of the control measures described in Section 92. 3.1.2, 

subject to the approval of the Control Officer, provided, however, 

that all access, parking, and loading areas used by on-road 

vehicles shall be paved. 

(c) Tracked, Non-Rubber Tired Vehicle, or Heavy Equipment 

Storage Areas. If an area is used primarily for storage of nonrubber tired vehicles or equipment that the control officer has 

determined to be of such weight as to damage or destroy pavement 

(e.g., heavy equipment), the owner and/or operator shall implement 

one or more of the control measures described in Section 92.3.1.2, 

subject to the approval of the Control Officer, provided, however, 

that all access, parking, and loading areas primarily used by 

rubber-tired vehicles shall be paved. 

(d) Equestrian Staging Areas: Areas designed and used exclusively 

for the loading, unloading, and saddling of horses for equestrian 

activities shall be exempt from the paving requirements of this 

section if control measures applied to the designated areas meet 

the performance standards of Section 92.4. Posted vehicle speed 

limits for vehicles using such designated areas shall not exceed 10 

miles per hour. 

92.3.1.2 Control Measures

(e) Pave; 
Amended 08/02/11 92-4 

CC Air Quality Regulations 

(f) Apply dust palliatives, in compliance with the stabilization standards 

set forth in Section 92. 4.1; 

(g) Apply dust palliatives to vehicle travel lanes within the parking lot or 

storage area in compliance with the stabilization standards set forth 

in Section 92.4.1, and uniformly apply and maintain surface gravel 

or recycled asphalt to a depth of two inches on the vehicle parking 

areas; 

(h) Apply and maintain an alternative control measure approved in 

writing by the Control Officer and the EPA Region 9 Administrator. 

92.4 Performance Standards

92.4.1 Stabilization Standards 

 For the purpose of this regulation, control measures shall be considered 

effectively implemented when stabilization observations for fugitive dust 

emissions from unpaved parking lots or storage areas do not exceed 20 

percent opacity and do not equal or exceed 0.33 oz/ft2

 silt loading, or do 

not exceed 8 percent silt content, as determined by Section 92.6 (“Test 

Methods”), except in areas on which gravel has been applied under the 

provisions of Section 92.3.1.2(c). 

92.4.2 Prohibition of Dust Over Property Line 

 Where Best Available Control Measures provided for in this regulation 

have not been applied, no owner and/or operator of an unpaved parking 

lot or storage area shall permit a dust plume from that unpaved parking lot 

or storage area to cross a property line. 

92.5 Recordkeeping Requirements 

92.5.1 Recordkeeping 

 Any person subject to the requirements of this regulation shall compile 

and retain records that provide evidence of control measure application, 

by indicating type of treatment or control measure, extent of coverage, and 

date applied. The records and supporting documentation shall be made 

available to the Control Officer within 24 hours of a written request. 

92.5.2 Records Retention 

 Copies of the records required by Section 92.5.1 shall be retained for at 

least one year. Facilities subject to Section 12.5 (“Part 70 Operating 

Permit Requirements”) shall maintain records in accordance with Part 70 

record keeping requirements. 
Amended 08/02/11 92-5 

CC Air Quality Regulations 

92.6 Test Methods 

92.6.1 Stabilization Test Methods for Unpaved Parking Lots and Storage 

Areas 

92.6.1.1 Opacity Test Method 

 The purpose of this test method is to estimate the percent opacity of 

fugitive dust plumes caused by vehicle movement on unpaved parking lots 

and storage areas. This method can only be conducted by an individual 

who has received certification as a qualified Visible Emissions Evaluator. 

(a) Step 1: Stand at least 16.5 feet from the fugitive dust source in 

order to provide a clear view of the emissions, with the sun oriented 

in the 140-degree sector to the back. Following the above 

requirements, make opacity observations so that the line of vision is 

approximately perpendicular to the dust plume and wind direction. If 

multiple plumes are involved, do not include more than one plume 

in the line of sight at one time. 

(b) Step 2: Record the fugitive dust source location, source type, 

method of control used (if any), evaluator’s name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

fugitive dust source. Also, record the time, estimated distance to 

the fugitive dust source location, approximate wind direction, 

estimated wind speed, description of the sky condition (presence 

and color of clouds), and color of the plume and type of background 

on the visible emission observation form when opacity readings are 

both initiated and completed. 

(c) Step 3: Make opacity observations, to the extent possible, using a 

contrasting background that is perpendicular to the line of vision. 

Make opacity observations approximately 1 meter above the 

surface from which the plume is generated. Note that the 

observation is to be made at only one visual point upon generation 

of a plume, as opposed to visually tracking the entire length of a 

dust plume as it is created along a surface. Make two observations 

per vehicle, beginning with the first reading at zero seconds and the 

second reading at five seconds. The zero-second observation 

should begin immediately after a plume has been created above 

the surface involved. Do not look continuously at the plume but, 

instead, observe the plume briefly at zero seconds and then again 

at five seconds. 

(d) Step 4: Record the opacity observations to the nearest 5 percent on 

an observational record sheet. Each momentary observation 

recorded represents the average opacity of emissions for a five-
Amended 08/02/11 92-6 

CC Air Quality Regulations 

second period. While it is not required by the test method, EPA 

recommends that the observer estimate the size of vehicles that 

generate dust plumes for which readings are taken (e.g., mid-size 

passenger car or heavy-duty truck) and the approximate speeds 

the vehicles are traveling when readings are taken. 

(e) Step 5: Repeat Steps 3 and 4 until you have recorded a total of 12 

consecutive opacity readings. This will occur once six vehicles have 

driven on the source in your line of observation for which you are 

able to take proper readings. The 12 consecutive readings must be 

taken within the same period of observation, but must not exceed 

1one hour. Observations immediately preceding and following 

interrupted observations can be considered consecutive. 

(f) Step 6: Average the 12 opacity readings together. If the average 

opacity reading equals 20 percent or lower, the source is in 

compliance with the opacity standard described in this regulation. 

92.6.1.2 Silt Content Test Method 

The purpose of this test method is to estimate the silt content of the 

trafficked parts of unpaved parking lots and storage areas. The higher the 

silt content, the greater the amount of fine dust particles that are entrained 

into the atmosphere when cars and trucks drive on unpaved parking lots 

or storage areas. 

(a) Equipment: 

(1) Set of sieves with the following openings: 4 millimeters 

(mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm; a lid; and 

collector pan; 

(2) Small whiskbroom or paintbrush with stiff bristles and 

dustpan one foot in width (the broom/brush should preferably 

have one, thin row of bristles no longer than 1.5 inches in 

length); 

(3) Spatula without holes; 

(4) Small scale with half-ounce increments (e.g., postal/package 

scale); 

(5) Shallow, lightweight container (e.g., plastic storage 

container); 

(6) Sturdy cardboard box or other rigid object with a level 

surface; 
Amended 08/02/11 92-7 

CC Air Quality Regulations 

(7) Basic calculator; 

(8) Cloth gloves (optional for handling metal sieves on hot, 

sunny days); 

(9) Sealable plastic bags (if sending samples to a laboratory); 

and 

(10) Pencil/pen and paper. 

(b) Step 1: Look for a routinely traveled surface, as evidenced by tire 

tracks (only collect samples from surfaces that are not damp due to 

precipitation or dew). This statement is not meant to be a standard 

in itself for dampness where watering is being used as a control 

measure; it is only intended to ensure that surface testing is done in 

a representative manner. Use caution when taking samples to 

ensure personal safety with respect to passing vehicles. Gently 

press the edge of a dustpan (1 foot in width) into the surface four 

times to mark an area that is 1 square foot. Collect a sample of 

loose surface material using a whiskbroom or brush and slowly 

sweep the material into the dustpan, minimizing escape of dust 

particles. Use a spatula to lift heavier elements such as gravel. 

Only collect dirt/gravel to an approximate depth of 3/8 inch or 1 cm 

in the 1 square foot area. If you reach a hard, underlying 

subsurface that is greater than 3/8 inch in depth, do not continue 

collecting the sample by digging into the hard surface. In other 

words, you are only collecting a surface sample of loose material 

down to 1 cm. In order to confirm that samples are collected to 1 

cm in depth, a wooden dowel or other similar narrow object at least 

one foot in length can be laid horizontally across the survey area 

while a metric ruler is held perpendicular to the dowel. 

(1) At this point, the sample can be collected into a plastic bag 

or container and take it to an independent laboratory for silt 

content analysis. A reference to the procedure the laboratory 

is required to follow is at the end of this section. 

(c) Step 2: Place a scale on a level surface. Place a lightweight 

container on the scale. Zero the scale with the weight of the empty 

container on it. Transfer the entire sample collected in the dustpan 

to the container, minimizing escape of dust particles. Weigh the 

sample and record its weight. 

(d) Step 3: Stack a set of sieves in order according to the size 

openings specified above, beginning with the largest size opening 

(4 mm) at the top. Place a collector pan underneath the bottom 

(0.25 mm) sieve. 
Amended 08/02/11 92-8 

CC Air Quality Regulations 

(e) Step 4: Carefully pour the sample into the sieve stack, minimizing 

escape of dust particles by slowly brushing material into the stack 

with a whiskbroom or brush (on windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift the 

sieve stack and shake it vigorously up, down, and sideways for at 

least 1 minute. 

(f) Step 5: Remove the lid from the stack and disassemble each sieve 

separately, beginning with the top sieve. As you remove each 

sieve, examine it to make sure that all of the material has been 

sifted to the finest sieve through which it can pass; e.g., material in 

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, restack 

the sieves and collector pan, cover the stack with the lid, and shake 

it again for at least 1 minute (you only need to reassemble the 

sieve(s) that contain material, which requires further sifting). 

(g) Step 6: After disassembling the sieves and collector pan, slowly 

sweep the material from the collector pan into the empty container 

originally used to collect and weigh the entire sample. Take care to 

minimize escape of dust particles. You do not need to do anything 

with material captured in the sieves; only the collector pan. Weigh 

the container with the material from the collector pan and record its 

weight. 

(h) Step 7: If the source is an unpaved road, multiply the resulting 

weight by 0.38. If the source is an unpaved parking lot or storage 

area, multiply the resulting weight by 0.55. The resulting number is 

the estimated silt loading. Then, divide by the total weight of the 

sample you recorded earlier in Step 2 and multiply by 100 to 

estimate the percent silt content. 

(i) Step 8: Select another two routinely traveled portions of the 

unpaved road or unpaved parking lot and repeat this test method. 

Once you have calculated the silt loading and percent silt content of 

the three samples collected, average your results together. 

(j) Step 9: Examine the results. If the average silt loading is less than 

0.33 oz/ft2, the surface is stable. If the average silt loading is greater 

than or equal to 0.33 oz/ft2

, then examine the average percent silt 

content. If the source is an unpaved parking lot or storage area and 

the average percent silt content is 8 percent or less, the surface is 

stable. If your field test results are within 2 percent of the standard 

(for example, 6-10 percent silt content on an unpaved parking lot or 

storage area), it is recommended that you collect three additional 

samples from the source according to Step 1 and take them to an 

independent laboratory for silt content analysis. 
Amended 08/02/11 92-9 

CC Air Quality Regulations 

(k) You may choose to collect three samples from the source, 

according to Step 1, and send them to an independent laboratory 

for silt content analysis rather than conduct the sieve field 

procedure. If so, the test method the laboratory is required to use is 

described in Volume 1, Appendix C.2.3 (“Silt Analysis”) of EPA’s 

Procedures For Laboratory Analysis of Surface/Bulk Loading 

Samples (1995, fifth edition). 

History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 2004; December 30, 

2008; March 17. 2009; August 2, 2011 
 

Amended 07/01/04 93-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 93 - FUGITIVE DUST FROM PAVED ROADS AND STREET

 SWEEPING EQUIPMENT

93.1 FUGITIVE DUST From PAVED Roads and Street Sweeping Equipment

93.1.1 Purpose: To limit the EMISSION of PARTICULATE MATTER into the AMBIENT 

AIR from PAVED roads and PAVED alleys. 

93.1.2 Applicability: The provisions of this Regulation shall apply to PAVED roads 

and PAVED alleys which are located in the PM10 NONATTAINMENT AREA

(HYDROGRAPHIC BASIN 212) and the Apex Valley (HYDROGRAPHIC BASINS

216 and 217). Nothing in Subsections 93.1 through 93.4 of these 

Regulations shall be construed to prevent enforcement of Section 40 

(Prohibition of NUISANCE Conditions) of these Regulations. The provisions of 

this Regulation shall not apply to non-commercial and non-institutional 

private driveways. The provisions of this Regulation shall not apply to 

STATIONARY SOURCES as defined in Section 0, except that these control 

measures shall be considered as part of a BACT determination. 

93.2 Requirements: 

93.2.1 PAVED Road Development Standards: OWNERS AND/OR OPERATORS 

having jurisdiction over, or ownership of, public or private PAVED roads shall 

construct, or require to be constructed, all new or modified PAVED roads in 

conformance with the road shoulder width and drivable median stabilization 

requirements as specified below: 

93.2.1.1 New CONSTRUCTION, MODIFICATION, or approvals of PAVED roads shall be 

constructed with a PAVED travel section, and four (4) feet of PAVED or 

stabilized shoulder on each side of the PAVED travel section. The four (4) 

feet of shoulder shall be PAVED or stabilized with a dust palliative or gravel to 

prevent the trackout of mud and dirt to the PAVED section. Where shoulder 

stabilization is used in place of PAVING, the stabilized shoulders must be 

maintained in compliance with the stabilization standards set forth in 

Subsection 93.2.1.5 of this Regulation. 
 

Amended 07/01/04 93-2 

CC Air Quality Regulations 

 

93.2.1.2 New CONSTRUCTION, MODIFICATION, or approvals of PAVED roads on which 

vehicular traffic is greater than or equal to 3,000 vehicles per day after March 

1, 2003 shall be constructed with a PAVED travel section, and eight (8) feet of 

stabilized shoulder adjacent to the PAVED travel section where right-of-way is 

available for the stabilized shoulder. Where the right-of-way is not available 

for the full eight (8) feet of stabilized shoulder, curbing shall be installed 

adjacent to the shoulder. Stabilized shoulders must be maintained in 

compliance with the stabilization standards set forth in Subsection 93.2.1.5 of 

this regulation. 

93.2.1.3 Where curbing is constructed adjacent to and contiguous with the travel lane 

or PAVED shoulder of a road, the shoulder width design standards specified in 

Subsection 93.2.1.1 shall not be applicable. 

93.2.1.4 Where PAVED roads are constructed, or modified with shoulders and/or 

medians, the shoulders and/or medians shall be constructed as set forth 

below. If the shoulder, median, or extended right-of-way is located in a 

limited access freeway right-of-way, then the requirements of Section 90 

apply. 

(a) With curbing, or 

(b) With solid PAVING across the median, or 

(c) Apply DUST PALLIATIVES, in compliance with the stabilization standards 

set forth in Subsection 93.2.1.5 of this Regulation, or 

(d) Apply two (2) inches of gravel in compliance with the stabilization 

standards set forth in Subsection 93.2.1.5 of this Regulation, or 

(e) With materials that prevent the trackout of mud and dirt to the 

PAVED section such as landscaping or decorative rock. 

93.2.1.5 Stabilization Standards: For the purpose of this regulation, the unpaved 

shoulders and medians of PAVED roads shall be considered to have 

CONTROL MEASURES effectively implemented when FUGITIVE DUST

EMISSIONS do not exceed 20% OPACITY and silt loading does not equal or 

exceed 0.33 oz/ft2

 silt loading, as determined by Subsection 93.4.1 (Test 

Methods-Stabilized PAVED Road Shoulders and Medians) of these 

regulations, except for unpaved shoulders on which gravel has been 

applied under the provisions of Subsection 93.2.1.1. Failure to comply 

with either the 20% OPACITY limit or silt loading limit indicates that the 

shoulder is not stable. Where gravel is utilized to prevent trackout from 

unpaved shoulders and medians of PAVED roads, surface gravel shall be 
 

Amended 07/01/04 93-3 

CC Air Quality Regulations 

uniformly applied and maintained to a depth of two (2) inches to comply 

with the 20% OPACITY standards set forth in Subsection 93.4.1.1 of these 

Regulations and the Gravel Depth And Silt Content Test Method set forth 

in Subsection 93.4.1.3 of these Regulations. For the purposes of this 

section, the term Gravel shall include “aggregate” and shall mean 

unconsolidated material greater than 0.25 (1/4) inch but less than three (3) 

inches, and contain no more than six (6) percent silt, by dry weight, that 

will pass through a No. 200 sieve. Failure to comply with either the 20% 

OPACITY limit or the Gravel Depth And Silt Content Test Method indicates 

that the shoulder is not stable. 

93.2.1.6 Requirements For Existing Nonconforming PAVED Roads: OWNERS 

AND/OR OPERATORS having jurisdiction over, or ownership of, existing public 

or private PAVED roads which do not conform with the requirements of 

Subsections 93.2.1.1 through 93.2.1.5 of this Regulation, shall reconstruct, 

or require to be reconstructed, the existing nonconforming PAVED road within 

365 calendar days following the initial discovery that the road fails to meet 

the requirements set forth in Subsections 93.2.1.1 through 93.2.1.5 of these 

Regulations. The CONTROL OFFICER may require short-term stabilization of 

any PAVED road subject to the requirements set forth in Subsections 

93.2.1.1 through 93.2.1. of these Regulations. Other stabilization methods 

of equal or greater effectiveness may be implemented with the written 

approval of the CONTROL OFFICER, providing emissions do not exceed 20% 

opacity, unless the US EPA Region 9 objects to such approval within 

ninety (90) days from the date notification of the proposed alternative 

stabilization method is sent to the US EPA Region 9 by the CONTROL 

OFFICER. If the US EPA Region 9 does not object within the ninety (90) 

days from the date notification, the proposed alternative stabilization 

method may be implemented. If the US EPA Region 9 objects to the 

proposed alternative stabilization method, the proposed alternative 

stabilization method shall require written approval from both the CONTROL 

OFFICER and the US EPA Region 9 prior to the implementation of the 

proposed alternative stabilization method. 

93.2.2 Street Sweeper Requirements: After January 1, 2001, any OWNER 

AND/OR OPERATOR which utilizes street sweeping equipment or street 

sweeping services for street sweeping on PAVED roads or PAVED parking 

lots, shall acquire or contract to acquire only certified PM10-efficient street 

sweeping equipment. 

93.2.2.1 PM10-Efficient Street Sweepers: For the purposes of Subsection 93.2.2 of 

this Regulation, a PM10-efficient street sweeper is a street sweeper which 

has been certified by the South Coast Air Quality Management District 

(California) (SCAQMD) to comply with the District’s performance 
 

Amended 07/01/04 93-4 

CC Air Quality Regulations 

standards set forth in SCAQMD Rule 1186 utilizing the test methods set 

fourth in SCAQMD Rule 1186, Appendix A. 

 

93.2.3 Equipment Restriction: The use of dry rotary brushes and blower 

devices for the removal of dirt, rock, or other debris from a PAVED road or 

PAVED parking lot is prohibited without the use of sufficient wetting to limit 

the visible emissions to not greater than 20% opacity when measured as 

set forth in Subsection 93.4.1.1. The use of dry rotary brushes or blower 

devices without the use of water is expressly prohibited. 

 

93.2.4 Crack Seal Equipment Requirements: After December 31, 2005 any 

OWNER AND/OR OPERATOR which utilizes crack seal cleaning equipment 

shall acquire, or contract to acquire, only vacuum type crack cleaning seal 

equipment. 

93.3 Record Keeping And Reporting Requirements 

93.3.1 Record Keeping: Any PERSON subject to the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

MEASURE, extent of coverage, and date applied. The records and 

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours of a written request. 

93.3.2 Reporting Requirements: OWNERS AND/OR OPERATORS having jurisdiction 

over PAVED roads shall prepare and submit a written report to the Clark 

County Department of Air Quality and Environmental Management 

documenting compliance with the provisions of this Regulation. This report 

shall be prepared annually on a calendar year basis. The reports shall be 

transmitted no later than 90 days after the end of the calendar year and shall 

include: 

93.3.2.1 The total miles of PAVED roads under the jurisdiction of the OWNER AND/OR 

OPERATOR and the miles of PAVED roads constructed or modified during the 

reporting period. 

93.3.2.2 For newly constructed or modified roads, documentation on how the 

requirements of Subsections 93.2.1.1 through 93.2.1.5 have been met. 

93.3.2.3 Other information which may be needed by the CONTROL OFFICER for 

compliance with EPA requirements for enforcement of this regulation. 

93.3.3 Records Retention: Copies of the records required by Subsection 93.3.1 

(Record Keeping Requirements) of this Regulation shall be retained for at 

least one year. 
 

Amended 07/01/04 93-5 

CC Air Quality Regulations 

93.4 Test Methods 

93.4.1 Stabilization Test Methods For UNPAVED Shoulders And Medians of 

PAVED Roads: 

93.4.1.1 OPACITY Test Method: The purpose of this test method is to estimate the 

percent OPACITY of FUGITIVE DUST plumes caused by vehicle movement on 

unpaved road shoulders and medians of PAVED roads. This method can 

only be conducted by an individual who has received certification as a 

qualified observer. 

(a) Step 1: Stand at least 20 feet from the FUGITIVE DUST source in 

order to provide a clear view of the EMISSIONS with the sun oriented 

in the 140-degree sector to the back. Following the above 

requirements, make OPACITY observations so that the line of vision 

is approximately perpendicular to the dust plume and wind 

direction. If multiple plumes are involved, do not include more than 

one plume in the line of sight at one time. 

(b) Step 2: Record the FUGITIVE DUST source location, source type, 

method of control used, if any, observer's name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

FUGITIVE DUST source. Also, record the time, estimated distance to 

the FUGITIVE DUST source location, approximate wind direction, 

estimated wind speed, description of the sky condition (presence 

and color of clouds), observer's position to the FUGITIVE DUST

source, and color of the plume and type of background on the 

visible EMISSION observation form both when OPACITY readings are 

initiated and completed. 

 (c) Step 3: Make OPACITY observations, to the extent possible, using a 

contrasting background that is perpendicular to the line of vision. 

Make OPACITY observations approximately 3 feet above the surface 

from which the plume is generated. Note that the observation is to 

be made at only one visual point upon generation of a plume, as 

opposed to visually tracking the entire length of a dust plume as it is 

created along a surface. Make two observations per vehicle, 

beginning with the first reading at zero seconds and the second 

reading at five seconds. The zero-second observation should 

begin immediately after a plume has been created above the 

surface involved. Do not look continuously at the plume but, 

instead, observe the plume briefly at zero seconds and then again 

at five seconds. 
 

Amended 07/01/04 93-6 

CC Air Quality Regulations 

 (d) Step 4: Record the OPACITY observations to the nearest 5% on an 

observational record sheet. Each momentary observation recorded 

represents the average OPACITY of EMISSIONS for a 5-second 

period. While it is not required by the test method, EPA 

recommends that the observer estimate the size of vehicles which 

generate dust plumes for which readings are taken (e.g. mid-size 

passenger car or heavy-duty truck) and the approximate speeds 

the vehicles are traveling when readings are taken. 

 (e) Step 5: Repeat Step 3 (Subsection 93.4.1.1 (c) of this Regulation) 

and Step 4 (Subsection 93.4.1.1 (d) of this Regulation) until you 

have recorded a total of 12 consecutive OPACITY readings. This will 

occur once six vehicles have driven on the source in your line of 

observation for which you are able to take proper readings. The 12 

consecutive readings must be taken within the same period of 

observation but must not exceed 1 hour. Observations immediately 

preceding and following interrupted observations can be considered 

consecutive. 

(f) Step 6: Average the 12 OPACITY readings together. If the average 

OPACITY reading equals 20% or lower, the source is in compliance 

with the OPACITY standard described in Section 93 of these 

Regulations. 

93.4.1.2 Silt Loading Test Method: The purpose of this test method is to estimate 

the silt loading of the representative surfaces of dust palliative and 

untreated shoulders and medians of PAVED roads. The higher the silt 

loading, the greater the amount of fine dust particles that are entrained 

into the atmosphere when vehicles drive on unpaved shoulders and 

medians of PAVED roads. 

(a) Equipment: 

(1) A set of sieves with the following openings: 4 millimeters 

(ASTM No. 5), 2 millimeters, (ASTM No. 10), 1 millimeter 

(ASTM No. 18), 0.5 millimeter (ASTM No. 35) and 0.25 

millimeter (ASTM No. 60), (or a set of standard/commonly 

available sieves), a lid, and collector pan. 

(2) Equipment necessary to collect a sample of material from 

the surface of the subject area. (e.g., a small whisk broom 

or paintbrush with bristles no longer than 1.5 inches, 

dustpan, spatula, shallow container, sealable plastic bags.) 
 

Amended 07/01/04 93-7 

CC Air Quality Regulations 

(3) Equipment necessary to complete field analysis of material. 

(e.g., weighting scale with half once increments, calculator, 

writing material.) 

(b) Step 1: Look for a representative surface within four (4) feet of the 

edge of the pavement. [Only collect samples from surfaces that are 

not damp due to precipitation or dew. This statement is not meant 

to be a standard in itself for dampness where watering is being 

used as a CONTROL MEASURE. It is only intended to ensure that 

surface testing is done in a representative manner.] Gently press 

the edge of a dustpan into the surface to mark an area that is 1 

square foot. Collect a sample of loose surface material using a 

whiskbroom or brush and slowly sweep the material into the 

dustpan, minimizing escape of dust particles. Use a spatula or 

similar device to lift heavier elements such as gravel. Only collect 

dirt/gravel to an approximate depth of 3/8 inch in the 1 square foot 

area. If you reach a hard, underlying subsurface that is less than 

3/8 inch in depth, do not continue collecting the sample by digging 

into the hard surface. In other words, you are only collecting a 

surface sample of loose material down to 3/8 inch. In order to 

confirm that samples are collected to 3/8 inch in depth, a wooden 

dowel or other similar narrow object at least one foot in length can 

be laid horizontally across the survey area while a ruler is held 

perpendicular to the dowel. 

• At this point, you can choose to place the sample collected 

into a plastic bag or container and return to the DAQM 

facilities to complete the remaining steps or take it to an 

independent laboratory for silt loading analysis. A reference 

to the procedure the laboratory is required to follow is at the 

end of this section. 

(c) Step 2: Place a scale on a level surface. Place a lightweight 

container on the scale. Zero the scale with the weight of the empty 

container on it. 

(d) Step 3: Stack a set of sieves in order according to the size 

openings specified above, beginning with the largest size opening 

(4 mm) at the top. Place a collector pan underneath the bottom 

(0.25 mm) sieve. 
 

Amended 07/01/04 93-8 

CC Air Quality Regulations 

(e) Step 4: Carefully pour the sample into the sieve stack, minimizing 

escape of dust particles by slowly brushing material into the stack 

with a whiskbroom or brush, (on windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift up the 

sieve stack and shake it vigorously up, down and sideways or place 

on a powered shaker for at least 1 minute. 

(f) Step 5: Remove the lid from the stack and disassemble each sieve 

separately, beginning with the top sieve. As you remove each 

sieve, examine it to make sure that all of the material has been 

sifted to the finest sieve through which it can pass; e.g., material in 

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, re-stack 

the sieves and collector pan, cover the stack with the lid, and shake 

it again for at least 1 minute (you only need to reassemble the 

sieve(s) that contain material, which requires further sifting). 

(g) Step 6: After disassembling the sieves and collector pan, slowly 

sweep the material from the collector pan into the empty container 

calibrated on the scale in Step 2 (Subsection 93.4.1.2(c)). Take 

care to minimize escape of dust particles. You do not need to do 

anything with material captured in the sieves; only the collector pan. 

 Weigh the container with the material from the collector pan and 

record its weight. 

(h) Step 7: Multiply the resulting weight by 0.38. The resulting number 

is the estimated silt loading. 

(i) Step 8: Select another two representative surfaces of the unpaved 

road shoulder or median and repeat this test method. Once you 

have calculated the silt loading of the 3 samples collected, average 

your results together. 

(j) Step 9: Examine Results. If the average silt loading is less than 

 0.33 oz/ft2, the surface is stable. 
 

Amended 07/01/04 93-9 

CC Air Quality Regulations 

(k) Independent Laboratory Analysis: You may choose to collect 3 

samples from the source, according to Step 1 (Subsection 93.4.1.2 

(b) of this Regulation), and send them to an independent laboratory 

for silt loading analysis rather than conduct the sieve field 

procedure. If so, the test method the laboratory is required to use 

is: 

"Procedures For Laboratory Analysis Of Surface/Bulk 

Loading Samples", (Fifth Edition, Volume I, 

Appendix C.2.3 "Silt Analysis", 1995), AP-42, 

Office of Air Quality Planning & Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

93.4.1.3 GRAVEL DEPTH AND SILT CONTENT TEST METHOD: The purpose of 

this two (2) part test method is to estimate the gravel depth and silt 

content of graveled road shoulders and medians of PAVED roads. Two (2) 

inches of gravel are required to prevent vehicle tires from digging through 

the gravel. The higher the silt content in the top inch of the gravel, the 

greater the amount of fine dust particles that are entrained into the 

atmosphere when vehicles drive on gravel-stabilized shoulders. 

 (a) Equipment necessary to collect a sample of material from the 

surface of the subject area, including a sampling device one (1) foot 

by one (1) foot by one (1) inch deep, and other equipment such as, 

a small whisk broom or paintbrush with bristles no longer than 1.5 

inches, dustpan, spatula, shallow container, sealable plastic bags, 

ruler, and wood dowel or similar straight edge device. 

 (b) Step 1: Look for a section within four (4) feet of the edge of 

pavement that has an existing gravel surface that appears 

representative of the gravel shoulder. Using the spatula, remove 

the gravel from a three (3) to five (5) inch diameter area to the 

depth of the applied gravel surface. Make sure that the removed 

gravel is placed well away from the cleared area. Place a wooden 

dowel or other similar narrow object across the cleared survey 

area, and measure, perpendicular to the narrow object, to depth of 

the cleared area to determine the depth of the gravel material. If 

the depth of the gravel material is less than two (2) inches, the area 

fails and is not considered stable. If the depth of the gravel material 

is two (2) inches or greater, go to Step 2 (Subsection 93.4.1.3 (c) of 

this Regulation). 
 

Amended 07/01/04 93-10 

CC Air Quality Regulations 

 (c) Step 2. Using the one (1) foot by one (1) foot by one (1) inch deep 

sampling frame, gently press the edges of the frame into the road 

shoulder surface to a depth of one (1) inch. Collect the sample of 

loose surface material using the whiskbroom, brush, spatula, and 

dustpan to collect the material into the sample bag, minimizing 

escape of dust particles. Collect all material to a one (1) inch depth 

in the one (1) square foot sampling frame. 

 (d) Step 3. Repeat Steps 1 and 2 to obtain two (2) additional samples 

for a total of three (3) samples. In the event any sampled location 

is found to have less than (2) inches of gravel under Step 1, the 

shoulder is considered to be unstable. Do not proceed with 

additional sampling. 

 (e) Step 4. Laboratory Analysis: Samples collected from this source, 

according to Step 3 (Subsection 93.4.1.3 (d) of this Regulation), are 

sent to a laboratory for silt content analysis. The test method the 

laboratory is required to use is: 

 i. Wet screen the entire sample through a one (1) inch sieve. 

 ii. For all material passing through the one (1) inch sieve, use 

ASTM No. 200 wet Sieve Method to determine the 

percentage content of silt. 

 (f) Step 5: Examine Results. Average the silt content for the (3) 

samples. If the average silt content of the three samples is equal to 

or less than or six (6) percent, the surface is stable. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; November 20, 2001; December 17, 2002; March 4, 2003; 

June 3, 2003; July 1, 2004. 
Amended 07/01/04 94-1 

CC Air Quality Regulation

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 94 – PERMITTING AND DUST CONTROL FOR 

CONSTRUCTION ACTIVITIES

94.1 Purpose. 

94.1.1 The purpose of this section of the Air Quality Regulations is: 

(a) To limit the EMISSION of PARTICULATE MATTER into the AMBIENT AIR 

by preventing, controlling, and mitigating FUGITIVE DUST from 

CONSTRUCTION ACTIVITIES; and

(b) To establish FUGITIVE DUST control standards for Clark County, 

define reasonable precautions for the prevention and control of 

FUGITIVE DUST from all CONSTRUCTION ACTIVITIES and to establish 

thresholds for enforcement of these standards. 

94.2 Applicability. 

94.2.1 This section of the Air Quality Regulations applies to all CONSTRUCTION

ACTIVITIES that disturb or have the potential to disturb soils and that emit or 

have the potential to emit particulate matter into the atmosphere. This 

section covers the requirements for a Dust Control Permit and a Dust 

Mitigation Plan as well as the application procedures.

94.2.2 For the purpose of this Regulation, CONSTRUCTION ACTIVITIES include, but 

are not limited to, the following practices: 

(a) Land clearing, maintenance, and land cleanup using machinery; 

(b) soil and rock excavation or removal; 

(c) soil or rock hauling; 

(d) soil or rock crushing or screening; 

(e) filling, compacting, stockpiling and grading; 

(f) explosive blasting; 

(g) demolition; 

(h) implosion; 
Amended 07/01/04 94-2 

CC Air Quality Regulation

(i) handling of building materials capable of entrainment in air (e.g., 

sand, cement powder); 

(j) abrasive blasting; 

(k) concrete, stone, and tile cutting; 

(l) mechanized trenching; 

(m) initial landscaping; 

(n) operation of motorized machinery; 

(o) driving vehicles on a CONSTRUCTION site; and 

(p) establishing and/or using staging areas, parking areas, material 

storage areas, or access routes to or from a CONSTRUCTION site. 

94.2.3 This regulation shall not apply to operation of emission units or activities 

permitted under any other section of the Air Quality Regulations, with the 

specific exception that any CONSTRUCTION ACTIVITIES that occur at such 

facilities and the land area that Various Location Operating Permits are 

located on shall be subject to this regulation. In all permits issued under the 

Air Quality Regulations the provisions of this section shall be considered as 

part of a BACT determination. 

94.2.4 This regulation shall not apply to NORMAL FARM CULTURAL PRACTICES and 

existing equestrian facilities that are in compliance with zoning 

requirements. 

94.2.5 This regulation shall not apply to emergency activities that may disturb the 

soil, conducted by any utility or government agency in order to prevent 

public injury or restore critical utilities to functional status. 

94.3 Definitions. 

94.3.1 For the purpose of this section of the Air Quality Regulations, terms listed 

in this subsection have the meanings ascribed. 

94.3.2 Best Available Control Measures (BACM): means those control measures 

that are the best available with current technology for reducing or 

eliminating the release of particulate matter into the atmosphere from 

construction activities. These include but are not limited to all measures 

listed in the Construction Activities Dust Control Handbook as Best 

Management Practices, any control measure required by a Corrective 

Action Order, and any other control measures required by the Control 

Officer. 

94.3.3 Construction Activities Dust Control Handbook: means the reference 

manual used to complete a Dust Control Permit and a Dust Mitigation 

Plan, and contains a listing of the Best Management Practices, copies of 
Amended 07/01/04 94-3 

CC Air Quality Regulation

which are on file in the office of the Clark County Department of Air Quality 

and Environmental Management. 

94.3.4 Department or DAQEM: means the Clark County Nevada, Department of 

Air Quality and Environmental Management. 

94.3.5 Dust Mitigation Plan: means an attachment to a Dust Control Permit that 

lists all the Construction Activities that shall occur and the Best 

Management Practices that shall be used, to mitigate dust at a permitted 

site. Upon approval of the application the Dust Mitigation Plan becomes 

an enforceable part of the Dust Control Permit. 

94.3.6 Gravel: means a mineral or rock aggregate ranging in size from 0.25 inch 

to 3 inch on its longest dimension that is either natural or the product of a 

mineral processing operation and contains no more than 6% silt, by 

weight. 

94.4 Permits Required, Exemptions from Required Permit and 

Responsibility when Exempt.

94.4.1 Prior to engaging in any CONSTRUCTION ACTIVITIES, the property OWNER

AND/OR OPERATOR, who is the owners designee shall apply for and obtain a 

DUST CONTROL PERMIT from the Clark County Department of Air Quality 

and Environmental Management.

94.4.2 A DUST CONTROL PERMIT shall not be required for soil disturbing or 

CONSTRUCTION ACTIVITIES less than 0.25 acre in overall area, mechanized 

trenching less than one hundred (100) feet in length, or for mechanical 

demolition of any structure smaller than one thousand (1,000) square feet. 

94.4.3 The following activities shall not require a DUST CONTROL PERMIT: 

(a) Landscaping by an individual at his/her place of residence; 

(b) EMERGENCY maintenance activities conducted by government 

agencies on publicly maintained roads, road shoulders, right-ofways and on public flood control facilities; or, 

(c) Weed removal or dust palliative application projects conducted 

solely for the purpose of compliance with weed abatement or 

vacant land dust control regulations, wherein no grade elevation 

changes, no soil or rock is imported or exported, or no cut and fill 

operations occur. Importing of gravel or rock for use as a dust 

palliative is allowed under this subsection. 
Amended 07/01/04 94-4 

CC Air Quality Regulation

94.5 Permit Applications. 

94.5.1 Application for issuance or renewal of a DUST CONTROL PERMIT shall be 

made on a form and in a manner prescribed by the CONTROL OFFICER. 

94.5.2 Each application shall be accompanied by payment of a fee in accordance 

with Section 18.

94.5.3 Public agency maintenance projects, performed by that agency’s 

employees, may be eligible for a waiver of permit fees upon approval of 

the CONTROL OFFICER. 

94.5.4 All applications for a DUST CONTROL PERMIT shall include a Dust Mitigation 

Plan with appropriate CONTROL MEASURES from the Construction Activities 

Dust Control Handbook for every CONSTRUCTION ACTIVITY to be conducted. 

Other CONTROL MEASURES that are at least as effective as CONTROL 

MEASURES contained in the Construction Activities Dust Control Handbook 

may be implemented provided they meet the criteria outlined in Section 2 of 

the introduction to the Best Management Practices section of the handbook 

and with the approval of the CONTROL OFFICER. 

94.5.5 An application for a DUST CONTROL PERMIT for a CONSTRUCTION project ten 

(10) acres or more in area, for trenching activities one (1) mile or greater 

in length, or for structure demolition using implosive or explosive blasting 

techniques, shall be required to submit a detailed supplement to the Dust 

Mitigation Plan. This supplement shall be in the form of a written report 

and shall, at minimum, detail the project description, the area and 

schedule of the phases of land disturbance, the Control Measures and the 

Contingency Measures to be used for all CONSTRUCTION ACTIVITIES. This 

supplement shall become part of the DUST CONTROL PERMIT as an 

enforceable permit condition. 

94.5.6 An application for a DUST CONTROL PERMIT that includes demolition of a 

structure One thousand (1,000) square feet or greater in area or explosive 

blasting of rock or soil, shall include the appropriate supplemental form 

that is provided in Attachment 1 of the Construction Activities Dust Control 

Handbook for each activity. These forms shall become part of the DUST 

CONTROL PERMIT as an enforceable permit condition. 

94.5.7 An application for a Dust Control Permit for a Construction project of fifty 

(50) acres or more in area shall contain an actual soils analysis of the 

entire project. The soils analysis shall use the appropriate ASTM test 

method to determine soil types. If the soils analysis identifies two or more 

soil types, the area of each soil type shall be shown on a map of the 

project. A copy of the map shall be included in the application for the Dust 

Control Permit. The soils analysis shall utilize at least one (1) sample 

taken from the top one (1) foot of soil for each soil type identified. The 
Amended 07/01/04 94-5 

CC Air Quality Regulation

soils analysis shall use the appropriate ASTM test to determine the silt 

content and optimum moisture of the sample(s). The application for the 

Dust Control Permit shall contain the particulate emission potential (PEP) 

for each soil type identified calculated from the results of the soils analysis 

and the Silt Content vs. Optimum Moisture Content Chart (figure 2) in the 

Construction Activities Dust Control Handbook. The choice of Best 

Management Practices for the Dust Mitigation Plan may be different for 

each soil type area, if not, the highest PEP identified on the project shall 

be used. 

94.5.8 The application shall be signed by the property owner or the owner’s 

designee as listed on the “Owner’s Designee for Dust Control Permit for 

Construction Activities” form. 

94.5.9 Upon approval, the completed DUST CONTROL PERMIT application, Dust 

Mitigation Plan and related maps and forms shall become a part of the 

DUST CONTROL PERMIT. 

94.6 DUST CONTROL PERMIT Requirements.

94.6.1 Issuance or renewal of each DUST CONTROL PERMIT requires payment of a 

DUST CONTROL PERMIT fee in accordance with Section 18. 

94.6.2 A DUST CONTROL PERMIT is to be granted subject to the right of inspection 

of such affected land without prior notice by the CONTROL OFFICER. 

94.6.3 The permit shall be granted subject to, but not limited to, the following 

conditions: 

(a) The permittee is responsible for ensuring that all PERSONS abide by 

the conditions of the permit and these regulations; 

(b) The permittee is responsible for supplying complete copies of the 

DUST CONTROL PERMIT including the Dust Mitigation Plan, to all 

project contractors and subcontractors; and, 

(c) The permittee is responsible for all permit conditions, until a 

Certificate of Project Completion (form DCP 08 see Attachment 1) 

has been submitted by the permittee and approved by the Control 

Officer. 

94.6.4 The signature of the OWNER AND/OR OPERATOR who is the OWNER’s 

designee on the DUST CONTROL PERMIT shall constitute agreement to 

accept responsibility for meeting the conditions of the permit and for 

ensuring that Best Available Control Measures are implemented 

throughout the project site. 
Amended 07/01/04 94-6 

CC Air Quality Regulation

94.6.5 Requirements and conditions of the DUST CONTROL PERMIT shall be made 

a part of the specifications of the CONSTRUCTION contract between the 

owner and prime contractor and contracts between the prime contractor 

and applicable subcontractors. Said contracts must provide a monetary 

allowance for any dust control options specified in the Dust Mitigation 

Plan. The amount of the allowance may be specified either by the OWNER, 

competitively bid, or negotiated by and amongst the parties. 

94.6.6 Projects less than 0.25 acres in area under common control that are either 

contiguous or separated only by a public or private roadway and that 

cumulatively equal or exceed 0.25 acre in area are also required to obtain 

a DUST CONTROL PERMIT. These projects are required to meet all DUST 

CONTROL PERMIT requirements based on cumulative area. All contiguous 

projects under common control may be required to obtain and operate 

under a single permit, at the discretion of the CONTROL OFFICER. 

94.6.7 A DUST CONTROL PERMIT shall be required for routine, public agency road 

maintenance, road shoulder maintenance, flood control facility 

maintenance, and maintenance activities that disturb soil and are capable 

of causing FUGITIVE DUST. Such Dust Control Permits may be issued 

based upon written monthly, quarterly, semi-annual, or annual schedules 

of work for routine maintenance activities. Such permits shall include a 

Dust Mitigation Plan listing all activities to be performed that may disturb 

the soil, and shall include BEST MANAGEMENT PRACTICES for all these 

activities. Public agencies shall quantify miles and acres of maintenance 

activities to be performed under the conditions of the Dust Control Permit. 

94.6.8 The permit holder shall notify the DEPARTMENT OF AIR QUALITY AND 

ENVIRONMENTAL MANAGEMENT in writing within ten (10) days following the 

cessation of active operations on all or part of a CONSTRUCTION site when 

cessation will extend thirty (30) days or longer. 

94.6.9 A Dust Control Permit is valid for one calendar year from the date of 

issuance. 

94.6.10 A complete copy of the Dust Control Permit shall be kept on the project 

site at all times that Construction Activities occur and made available upon 

request of the Control Officer. 

94.7 General and Administrative Standards.

94.7.1 Anyone engaging in CONSTRUCTION ACTIVITIES on a site having a Dust 

Control Permit shall be subject to all conditions set forth in that permit. 

Failure to comply with any condition set forth in the permit shall be in 

violation of this section of the Air Quality Regulations. 
Amended 07/01/04 94-7 

CC Air Quality Regulation

94.7.2 The Construction Activities Dust Control Handbook, excluding all 

attachments, is adopted and made a part of this section of the Air Quality 

Regulation, as if it were fully set forth herein, except as amended by this 

Regulation. 

94.7.3 DUST CONTROL PERMIT: Restrictions on issuance; Suspension; 

Revocation; Requirement for Bond; Right to Appeal:

94.7.3.1 Permits shall not be issued to an applicant having outstanding unpaid 

DAQEM fees and/or penalties, not under appeal. 

94.7.3.2 If an OWNER AND/OR OPERATOR has three (3) Notices of Violation that have 

been adjudicated by the HEARING OFFICER at the same project for which 

the Dust Control Permit was issued, the CONTROL OFFICER or his/her 

representative may suspend or revoke the permit. Upon suspension or 

revocation of a permit, all activities that are authorized by that permit shall 

cease. The CONTROL OFFICER shall post notices of suspension or 

revocation conspicuously on the property involved. The notice shall state 

the reasons and indicate the date and time of suspension and/or 

revocation. The suspension or revocation shall remain in effect until such 

time as rescinded by the CONTROL OFFICER. If the permit has been 

suspended, the permit may be reinstated. If revoked, a new permit will not 

be issued until an application is made and fees paid in accordance with 

Section 18 of these regulations. The permittee shall have a right to 

hearing before the HEARING OFFICER within five (5) working days from date 

of issuance of the suspension or revocation. Alternatively, in such 

instances, the CONTROL OFFICER may require compliance with Subsection 

94.7.6 for all operators of earth moving or soil disturbing equipment. 

94.7.3.3 If during any 180 day period an OWNER AND/OR OPERATOR has three (3) 

NOTICES OF VIOLATION that have been adjudicated by the HEARING OFFICER

for the same construction site, the CONTROL OFFICER shall require the 

posting of a surety bond to ensure implementation of the mitigation 

measures set forth in the approved Dust Control Permit for the subject 

site. If an OWNER AND/OR OPERATOR has two (2) or more NOTICES OF 

VIOLATION that have been adjudicated by the HEARING OFFICER from the 

DAQEM for: failure to obtain a Dust Control Permit; failure to implement 

BEST MANAGEMENT PRACTICES; or failure to comply with a Corrective Action 

Order, the CONTROL OFFICER may, as a condition of obtaining or 

maintaining a Dust Control Permit, issue a Corrective Action Order 

requiring the OWNER AND/OR OPERATOR to post a surety bond to ensure the 

implementation of the mitigation measures set forth in said Dust Control 

Permits. 
Amended 07/01/04 94-8 

CC Air Quality Regulation

The OWNER AND/OR OPERATOR shall provide the CONTROL OFFICER the 

surety bond executed in a form acceptable to the CONTROL OFFICER for the 

approved Dust Control Permit as the principal with a corporation 

authorized to transact surety business in the State of Nevada. The OWNER 

AND/OR OPERATOR shall condition the surety bond upon the faithful 

performance of all other conditions of the permit and faithful compliance 

with the provisions of these regulations. The surety bond shall remain in 

effect until the construction activity specified in the said Dust Control 

Permit is complete and the department closes the said Dust Control 

Permit. The amount of each bond required by this section shall equal the 

estimated cost of implementing the dust CONTROL MEASURES set forth in 

the approved Dust Control Permit plus an additional 10% of the estimated 

cost to cover contingencies, as determined by the DAQEM.

94.7.3.4 Any PERSON aggrieved by a decision of the CONTROL OFFICER pursuant to 

this section may appeal in accordance with Section 7 of these 

Regulations. 

94.7.4 Corrective Action Orders (CAO) and Notices of Violation (NOV). 

94.7.4.1 If it is found that any provision of Section 94, a DUST CONTROL PERMIT, or a 

Dust Mitigation Plan has not been complied with, the CONTROL OFFICER

may issue a Corrective Action Order to any OWNER AND/OR OPERATOR or 

other PERSON that they may be in violation of these regulations and said 

finding shall be corrected within a specified period of time, dependent 

upon the scope and extent of the problem. 

94.7.4.2 The failure to comply with the corrective measures of a Corrective Action 

Order within the specified period of time shall be a violation of this section 

of the Air Quality Regulations. 

94.7.4.3 Regardless of whether a Corrective Action Order has been issued, the 

CONTROL OFFICER may issue a Notice of Violation upon determination that 

the OWNER AND/OR OPERATOR is out of compliance with any provisions of 

this section of the Air Quality Regulations, a DUST CONTROL PERMIT, a Dust 

Mitigation Plan, or upon the failure to comply with a previously issued 

Corrective Action Order. 

94.7.4.4 The CONTROL OFFICER, or his/her designee shall be further empowered to 

enter upon any said land where any loose soil or dust problem exists, and 

to take such remedial and corrective action as may be deemed 

appropriate to cope with and relieve, reduce, or remedy the loose soil, 

dust situation or condition, when the OWNER AND/OR OPERATOR fails to do 

so. 
Amended 07/01/04 94-9 

CC Air Quality Regulation

94.7.4.4.1 Any cost incurred in connection with any such remedial or corrective 

action by the Department of Air Quality and Environmental Management 

or any PERSON acting for the Department of Air Quality and Environmental 

Management shall be reimbursed by the land OWNER AND/OR OPERATOR. If 

these costs are not reimbursed the CONTROL OFFICER may request a lien 

be placed on the subject lands that shall remain in full force and effect 

until any and all such costs have been collected. 

94.7.4.5 Any additional CONTROL MEASURES prescribed by the CONTROL OFFICER in 

a Corrective Action Order, issued to the holder of a Dust Control Permit, 

shall become a part of that permit’s Dust Mitigation Plan. 

94.7.5 Dust Control Monitor.

94.7.5.1 Any CONSTRUCTION project having 50 acres or more of actively disturbed 

soil at any given time shall be required by the CONTROL OFFICER to have in 

place an individual designated as the Dust Control Monitor with full 

authority to ensure that dust CONTROL MEASURES are implemented, 

including inspections, record keeping, deployment of resources, and shutdown or modification of CONSTRUCTION ACTIVITIES as needed. This 

individual shall be listed on the Construction Site Dust Control Monitor 

form provided in Attachment 1 of the Construction Activities Dust Control 

Handbook. 

94.7.5.2 A Dust Control Monitor shall also be required for individually permitted 

projects that have less than fifty (50) acres of actively disturbed soil if they 

are: 

(a) under common control and are either contiguous or separated by a 

public or private roadway and cumulatively have fifty (50) acres or 

more of actively disturbed soil; or 

(b) under common control and not contiguous, but are contained within 

a common master-planned community and cumulatively have fifty 

(50) acres or more of disturbed soil. 

94.7.5.3 The Dust Control Monitor shall be present at all times CONSTRUCTION 

ACTIVITIES occur on the project site and shall devote the majority of his/her 

time specifically to managing dust prevention and control on the site. 

94.7.5.4 The requirement for a Dust Control Monitor shall lapse when: 

(a) the area of actively disturbed soil becomes less than fifty (50) 

acres; 

(b) the previously disturbed areas have been stabilized in accordance 

with the requirements of these Regulations; and, 

(c) the stabilization has been approved and the acreage verified by the 

CONTROL OFFICER. 
Amended 07/01/04 94-10 

CC Air Quality Regulation

94.7.5.5 A Dust Control Monitor shall be considered qualified when he/she has met 

the following minimum qualifications: 

(a) successfully completed the Basic Dust Control Class; 

(b) successfully completed the Dust Control Monitor Class; 

(c) two years of experience in the CONSTRUCTION industry; and, 

(d) successfully completed a course that certifies him/her in Visual 

Emissions Evaluation (VEE) that has been approved or is 

conducted by the CONTROL OFFICER. 

94.7.5.6 For a Dust Control Monitor to maintain his/her certification he/she must 

successfully complete the Dust Control Monitor class at least once every 

three years. 

94.7.6 Dust Control Class. 

94.7.6.1 The CONSTRUCTION site superintendent or other designated on-site 

representative of the project developer and all construction site 

supervisors and foremen shall be required to have successfully completed 

a Clark County Department of Air Quality and Environmental Management 

Dust Control Class. 

94.7.6.2 Water truck and water pull driver(s) for each CONSTRUCTION project shall 

be required to have successfully completed a Clark County Department of 

Air Quality and Environmental Management Dust Control Class. 

94.7.6.3 All individuals required to attend and successfully complete the Dust 

Control Class shall do so at least once every three years. 

94.7.6.4 CONSTRUCTION site workers and equipment operators, may be required to 

attend a Dust Control Class as a remedial or corrective measure.

94.7.7 Signage Requirements. 

94.7.7.1 For each Dust Control Permit issued where the project site is less than or 

equal to ten (10) acres, or for trenching projects between one hundred 

(100) feet and one (1) mile in length, or for demolition of a structure 

totaling one thousand (1,000) square feet or more, the permittee shall 

install a sign on the project site prior to commencing CONSTRUCTION

ACTIVITY that is visible to the public and measures, at minimum, four (4) 

feet wide by four (4) feet high, conforming to Department policy on Dust 

Control Permit Design and Posting of Signage listed in Attachment 4 of 

the Construction Activities Dust Control Handbook. 
Amended 07/01/04 94-11 

CC Air Quality Regulation

94.7.7.2 For each Dust Control Permit issued where the project site is over ten (10) 

acres, or for trenching projects aggregating one (1) mile or greater in 

length, the permittee shall install a sign on the project site prior to 

commencing CONSTRUCTION ACTIVITY and visible to the public and 

measures, at minimum, eight (8) feet wide by four (4) feet high, 

conforming to Department policy on Dust Control Permit Design and 

Posting of Signage listed in Attachment 4 of the Construction Activities 

Dust Control Handbook. 

94.7.7.3 Projects shorter than two (2) weeks in duration may request a waiver of 

the requirement of posting a DUST CONTROL PERMIT Sign. 

94.7.8 Record Keeping.

94.7.8.1 On a site having a Dust Control Permit a written record of self inspection 

shall be made each day soil disturbing work is conducted. The “Record of 

Daily Dust Control” form provided in Appendix A of the Construction 

Activities Dust Control Handbook, or other written record that provides at a 

minimum the same information, shall be completed. 

94.7.8.2 Records of CONSTRUCTION site self inspections shall be kept for a 

minimum of one (1) year or for six (6) months beyond the project duration, 

whichever is longer. Self inspection records include daily inspections for 

crusted or damp soil, trackout conditions and cleanup measures, daily 

water usage, DUST SUPPRESSANT application records, etc. 

94.7.8.3 For CONTROL MEASURES involving chemical or organic soil stabilization, 

records shall indicate the type of product applied, vendor name, label 

instructions for approved usage, and the method, frequency, 

concentration, and quantity of application. 

94.8 Soil Stabilization Standards. 

94.8.1 All permittees, contractors, OWNERS, operators, or other PERSONS

involved in CONSTRUCTION ACTIVITIES shall employ CONTROL MEASURES as 

set forth in the Construction Activities Dust Control Handbook. 

94.8.2 One or a combination of the following methods shall be used to maintain 

dust control on all disturbed soils on Construction Sites and staging areas: 

(a) The soil shall be maintained in a sufficiently damp condition to 

prevent loose grains of soil from becoming dislodged when the 

disturbed soil is tested using the Drop Ball Test outlined in 

Subsection 94.12.5; or 

(b) The soil shall be crusted over by application of water, as 

demonstrated by the Drop Ball Test outlined in Subsection 94. 12.5; 

or 
Amended 07/01/04 94-12 

CC Air Quality Regulation

(c) The soil shall be completely covered with clean gravel or treated 

with a DUST SUPPRESSANT approved by the CONTROL OFFICER, to the 

extent necessary to pass a Drop Ball Test outlined in Subsection 

94.12.5. 

94.8.3 When a CONSTRUCTION site or part thereof becomes inactive for a period 

of thirty (30) days or longer, long-term stabilization shall be implemented 

within ten (10) days following the cessation of active operations. 

94.8.4 Stockpiles located within one hundred (100) yards of occupied buildings 

shall not be constructed over eight (8) feet in height. 

94.8.5 Stockpiles over eight (8) feet high shall have a road bladed to the top to 

allow water truck access or shall have a sprinkler irrigation system 

installed, used and maintained. 

94.9 Best Available Control Measures (BACM) 

94.9.1 Any PERSON who engages in a Construction Activity as defined in this 

regulation shall employ BACM for the purpose of dust control. 

94.9.2 All CONTROL MEASURES that are necessary to maintain soil stability as well 

s those listed in an approved Dust Mitigation Plan, shall be implemented 

twenty four (24) hours a day, seven (7) days a week, until the permit is 

closed in accordance with Subsection 94.6.3(c). 

94.9.3 In the event there are wind conditions that cause FUGITIVE DUST

EMISSIONS; in excess of 20% OPACITY using the Time Averaged Method or 

Intermittent Emissions Method, in excess of 50% OPACITY using the 

Instantaneous Method, or one hundred (100) yards in length from the 

point of origin, in spite of the use of Best Available CONTROL MEASURES, all 

CONSTRUCTION ACTIVITIES that may contribute to these emissions shall 

immediately cease. Water trucks and water pulls shall continue to operate 

under these circumstances, unless wind conditions are such that the 

continued operation of watering equipment cannot reduce FUGITIVE DUST

EMISSIONS or that continued equipment operation poses a safety hazard. 

94.9.4 If a Dust Control Permit is not required, the OWNERS, operators, or any 

other PERSON involved in CONSTRUCTION ACTIVITIES shall employ BEST 

MANAGEMENT PRACTICES, as set forth in the Construction Activities Dust 

Control Handbook and comply with the soil stabilization standards listed in 

Subsections 94.8 and emissions standards listed in Subsection 94.11. 

94.10 CONSTRUCTION ACTIVITIES Violations. 
Amended 07/01/04 94-13 

CC Air Quality Regulation

94.10.1 Any of the following circumstances constitute a violation of the Clark 

County Air Quality Regulations: 

(a) Failure to obtain an approved DUST CONTROL PERMIT before 

engaging in activities that disturb or have the potential to disturb 

soils and/or cause or have the potential to cause FUGITIVE DUST to 

enter the air. 

(b) Failure to obtain an approved DUST CONTROL PERMIT for all areas 

subject to CONSTRUCTION ACTIVITIES. 

(c) Conducting a CONSTRUCTION ACTIVITY as defined by Subsection 

94.2 for which no specified control option is indicated in the 

approved DUST CONTROL PERMIT or the Dust Mitigation Plan. 

(d) Failure to perform any duty to allow or carry out an inspection, 

entry, or monitoring activity required by the Department of Air 

Quality and Environmental Management. 

(e) Failure to renew or obtain a new permit, prior to a DUST CONTROL 

PERMIT expiring, provided the site does not meet the exemption 

requirements for a DUST CONTROL PERMIT as defined in Subsection 

94.4.2. 

(f) Failure to implement any item that is listed as a “Requirement” in 

the Best Management Practices section of the Construction 

Activities Dust Control Handbook for an applicable Construction 

Activity. 

(g) Failure to implement any BEST MANAGEMENT PRACTICE listed in an 

approved DUST CONTROL PERMIT / Dust Mitigation Plan. 

(h) Failure to maintain static (not actively worked) project soils with 

adequate surface crusting to prevent wind erosion as measured by 

test method “Soil Crust Determination (The Drop Ball Test)” in 

Subsection 94.12.5, or alternative control measures approved in 

the Dust Mitigation Plan. 

(i) Failure to comply with any record keeping requirements of this 

section. 

(j) Failure to maintain project haul routes or haul roads in a stable 

condition as measured by the Intermittent Emissions test method 

outlined in Section 94.12.3. 

(k) Failure to have a Dust Control Monitor in place, per Subsection 

94.7.5, for a Construction project. 

(l) Allowing FUGITIVE DUST emissions to exceed the standards set forth 

in Subsection 94.11.1 through 94.11.4. 

(m) Using a dry rotary brush or blower device without sufficient water to 

limit emissions per Subsection 94.11.5. 

(n) Allowing mud or dirt to be tracked out onto a paved road that 

exceed the standards set forth in Subsection 94.11.6. 
Amended 07/01/04 94-14 

CC Air Quality Regulation

(o) Failure to comply with any other provision of this section. 

94.11 Emission Standards. 

94.11.1 No PERSON shall cause or permit the handling, transporting, or storage of 

any material in a manner that allows visible emissions of particulate matter 

to exceed: 20% OPACITY using the Time Averaged Method or the 

Intermittent Emissions Method; 50% OPACITY using the Instantaneous 

Method. These Test Methods are set forth in Subsection 94.12. 

94.11.2 No PERSON shall cause or permit the handling, transporting, or storage of 

any material in a manner that allows a dust plume that extends one 

hundred (100) yards or more, horizontally or vertically, from the point of 

origin. 

94.11.3 Where a DUST CONTROL PERMIT is required and has not been issued or in 

the event Best Available CONTROL MEASURES have not been fully 

implemented, no PERSON shall cause or permit the handling, 

transportation, or storage of any material in a manner that exceeds the 

limits listed in any one of the following: 

(a) The limits set forth in Subsection 94.11.1; or 

(b) Allow a dust plume to extend more than one hundred (100) feet, 

horizontally or vertically, from the point of origin; or 

(c) Allow a dust plume to cross a property line. 

94.11.4 Visible emissions from abrasive blasting shall be limited to no more than 

an average of 40% OPACITY for any period aggregating three (3) minutes 

in any sixty (60) minute period, utilizing the test method set forth in 

Subsection 94.12. 

94.11.5 The use of dry rotary brushes and blower devices for removal of deposited 

mud/dirt trackout from a paved road is prohibited, unless sufficient water is 

applied to limit the visible emissions to an OPACITY of not greater than: 

20% OPACITY using the Time Averaged Method or Intermittent Emissions 

Method; 50% OPACITY using the Instantaneous Method. These test 

methods are set forth in Subsection 94.12. The use of rotary brushes 

without water is prohibited. 

94.11.6 Mud or dirt shall not be allowed to be tracked out onto a paved road where 

such mud or dirt extends fifty (50) feet or more in cumulative length from 

the point of origin or allow any trackout to accumulate to a depth greater 

than 0.25 inch. Notwithstanding the preceding, all accumulations of mud 

or dirt on curbs, gutters, sidewalks, or paved roads including trackout less 

than fifty (50) feet in length and 0.25 inch in depth, shall be cleaned and 
Amended 07/01/04 94-15 

CC Air Quality Regulation

maintained to eliminate emissions of Fugitive Dust. At a minimum all 

trackout must be cleaned up by the end of the workday or evening shift, as 

applicable. 

94.12 Test Methods 

94.12.1 Visual Determination of OPACITY of EMISSIONS from Sources of Visible 

EMISSIONS. 

Applicability: This method is applicable for the determination of the OPACITY

of EMISSIONS from sources of visible EMISSIONS The Time Averaged Method 

requires averaging of visible EMISSION readings over a specific time period to 

determine the OPACITY of visible EMISSIONS. The Time Averaged Method is 

applicable to continuous EMISSIONS sources. The Intermittent Emissions 

Method requires averaging a set number of visible EMISSIONS readings to 

determine the OPACITY of visible EMISSIONS. The Intermittent Emissions 

Method is applicable to Intermittent EMISSIONS sources. The Instantaneous 

Method sets an OPACITY limit that shall not be exceeded at any time. The 

Instantaneous Method is applicable to any emissions source and is a nonfederal requirement. 

Principle: The OPACITY of EMISSIONS of a source of visible EMISSIONS is 

determined visually by an observer who has current certification approved by 

the Control Officer, as a qualified Visible EMISSIONS Evaluator, using US EPA 

Method 9. 

Procedures: A qualified Visible EMISSIONS Evaluator shall use the 

procedures set forth in Subsections 94.12.2, 94.12.3, and 94.12.4 for visually 

determining the OPACITY of EMISSIONS. 

94.12.2 Time Averaged Method: These procedures is for evaluating continuous 

FUGITIVE DUST EMISSIONS and are for the determination of the OPACITY of 

continuous FUGITIVE DUST EMISSIONS by a qualified observer. Continuous 

FUGITIVE DUST EMISSIONS sources include activities that produce emissions 

continuously during operations such as earthmoving, grading, and trenching. 

Emissions from these types of continuous activities are considered 

continuous even though speed of the activity may very and Emissions may 

be controlled to 100%, producing no visible emissions, during parts of the 

operation. The qualified observer should do the following: 

(a) Position: Stand at a position at least twenty (20) feet from the 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. The observer may follow the FUGITIVE DUST plume 

generated by mobile earth moving equipment, as long as the sun 
Amended 07/01/04 94-16 

CC Air Quality Regulation

remains oriented in the 140° sector to the back. As much as possible, 

do not include more than one plume in the line of sight at one time. 

(b) Field Records: Record the name of the site, FUGITIVE DUST source 

type (e.g., earthmoving, grading, trenching), method of control used, if 

any, observer’s name, certification data and affiliation, and a sketch of 

the observer’s position relative to the FUGITIVE DUST source. Also, 

record the time, estimated distance to the FUGITIVE DUST source 

location, approximate wind direction, estimated wind speed, 

description of the sky condition (presence and color of clouds), 

observer’s position relative to the FUGITIVE DUST source, and color of 

the plume and type of background on the visible EMISSION observation 

when OPACITY readings are initiated and completed. 

(c) Observations: Make OPACITY observations, to the extent possible, 

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no longer being deposited out of the plume (normally three 

(3) feet above the surface from which the plume is generated). The 

initial observation should begin immediately after a plume has been 

created above the surface involved. Do not look continuously at the 

plume, but instead observe the plume momentarily at 15-second 

intervals. For FUGITIVE DUST from earthmoving equipment, make 

OPACITY observations at a point just beyond where material is not 

being deposited out of the plume (normally three (3) feet above the 

mechanical equipment generating the plume). 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5% every fifteen (15) seconds on an observational record 

sheet. Each momentary observation recorded represents the 

average OPACITY of EMISSIONS for a fifteen (15) second period. If a 

multiple plume exists at the time of an observation, do not record an 

OPACITY reading. Mark an “x” for that reading. If the equipment 

generating the plume travels outside of the field of observation, 

resulting in the inability to maintain the orientation of the sun within the 

140° sector or if the equipment ceases operating, mark an “x” for the 

fifteen (15) second interval reading. Readings identified as “x” shall 

be considered interrupted readings. 

(e) Data Reduction For Time-Averaged Method: For each set of twelve 

(12) or twenty four (24) consecutive readings, calculate the 

appropriate average OPACITY. Sets shall consist of consecutive 

observations, however, readings immediately preceding and following 

interrupted readings shall be deemed consecutive and in no case 

shall two sets overlap, resulting in multiple violations. 

94.12.3 Intermittent EMISSIONS Method: This procedure is for evaluating Intermittent 

FUGITIVE DUST EMISSIONS: This procedure is for the determination of the 

OPACITY of intermittent FUGITIVE DUST EMISSIONS by a qualified observer. 

Intermittent FUGITIVE DUST EMISSIONS sources include activities that produce 
Amended 07/01/04 94-17 

CC Air Quality Regulation

emissions intermittently such as screening, dumping, and stockpiling where 

predominant emissions are produced intermittently. The qualified observer 

should do the following: 

(a) Position: Stand at a position at least twenty (20) feet from the 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. As much as possible, do not include more than one plume 

in the line of sight at one time. 

(b) Field Records: Record the name of the site, FUGITIVE DUST source 

type (e.g., pile, material handling, transfer, loading, sorting), method of 

control used, if any, observer’s name, certification data and affiliation, 

and a sketch of the observer’s position relative to the FUGITIVE DUST

source. Also, record the time, estimated distance to the FUGITIVE 

DUST source location, approximate wind direction, estimated wind 

speed, description of the sky condition (presence and color of clouds), 

observer’s position relative to the FUGITIVE DUST source, and color of 

the plume and type of background on the visible EMISSION observation 

when OPACITY readings are initiated and completed. 

(c) Observations: Make OPACITY observations, to the extent possible, 

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no longer being deposited out of the plume (normally three 

(3) feet above the surface from which the plume is generated). Make 

two observations per plume at the same point, beginning with the first 

reading at zero (0) seconds and the second reading at five (5) 

seconds. The zero (0) second observation should begin immediately 

after a plume has been created above the surface involved. 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5% on an observational record sheet. Each momentary 

observation recorded represents the average OPACITY of EMISSIONS

for a five (5) second period. 

(e) Repeat Subsection 94.12.3(c) of this Regulation and Subsection 

94.12.3(d) of this Regulation until you have recorded a total of 12 

consecutive OPACITY readings. This will occur once six intermit 

plumes on which you are able to take proper readings have been 

observed. The 12 consecutive readings must be taken within the 

same period of observation but must not exceed 1 hour. 

Observations immediately preceding and following interrupted 

observations can be considered consecutive. 

(f) Average the 12 OPACITY readings together. If the average OPACITY

reading equals 20% or lower, the source is in compliance with the 

averaged method OPACITY standard described in this Section. 
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CC Air Quality Regulation

94.12.4 Instantaneous Method: This is a non-federal procedure for evaluation of 

FUGITIVE DUST EMISSIONS: This procedure is for the instantaneous 

determination of the OPACITY of FUGITIVE DUST EMISSIONS by a qualified 

observer. This method is a Clark County local requirement and is not 

submitted as part of the applicable State Implementation Plan. The qualified 

observer should do the following: 

(a) Position: Stand at a position at least twenty (20) feet from the 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. The observer may follow the FUGITIVE DUST plume 

generated by mobile earth moving equipment, as long as the sun 

remains oriented in the 140° sector to the back. As much as possible, 

do not include more than one plume in the line of sight at one time. 

(b) Field Records: Record the name of the site, FUGITIVE DUST source 

type (e.g., earthmoving, grading, storage pile, material handling, 

transfer, loading, sorting), method of control used, if any, observer’s 

name, certification data and affiliation, and a sketch of the observer’s 

position relative to the FUGITIVE DUST source. Also, record the time, 

estimated distance to the FUGITIVE DUST source location, approximate 

wind direction, estimated wind speed, description of the sky condition 

(presence and color of clouds), observer’s position relative to the 

FUGITIVE DUST source, and color of the plume and type of background 

on the visible EMISSION observation when OPACITY readings are 

initiated and completed. 

(c) Observations: Make OPACITY observations, to the extent possible, 

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no longer being deposited out of the plume (normally three 

(3) feet above the surface from which the plume is generated). 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5%. 

(e) Data Reduction For Instantaneous Regulations: Evaluate all 

observations for conformance with the instantaneous regulation. 
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CC Air Quality Regulation

94.12.5 Soil Crust Determination (The Drop Ball Test): 

(a) Drop a steel ball with a diameter of 0.625 (5/8th) inch and a mass 

ranging from 0.56-0.60 ounce from a distance of one (1) foot 

directly above the soil surface. If blowsand is present, clear the 

blowsand from the surfaces on which the soil crust test method is 

conducted. Blowsand is defined as thin deposits of loose 

uncombined grains covering less than 50% of a project site that 

have not originated from the representative surface being tested. If 

material covers a visible crust, which is not blowsand, apply the test 

method in Subsection 90.4.1.3 (Determination Of Threshold Friction 

Velocity) of this Regulation to the loose material to determine 

whether the surface is stabilized. 

A sufficient crust is defined under the following conditions: once a 

ball has been dropped according to Subsection 90.4.1.1 of this 

Regulation, the ball does not sink into the surface, so that it is 

partially or fully surrounded by loose grains and, upon removing the 

ball, the surface upon which it fell has not been pulverized, so that 

loose grains are visible. 

(b) Randomly select each representative disturbed surface for the drop 

ball test by using a blind “over the shoulder” toss of a throwable 

object (e.g., a metal weight with survey tape attached). Using the 

point of fall as the lower left hand corner, measure a one (1) foot 

square area. Drop the ball three times within the 1-foot by 1-foot 

square survey area, using a consistent pattern across the survey 

area. The survey area shall be considered to have passed the Soil 

Crust Determination Test if at least two out of the three times that 

the ball was dropped, the results met the criteria in Subsection 

90.4.1.1(a) of this Regulation. Select at least two other survey 

areas that represent a random portion of the overall disturbed 

conditions of the site, and repeat this procedure. If the results meet 

the criteria of Subsection 90.4.1.1(a) of this Regulation for all of the 

survey areas tested, then the site shall be considered to have 

passed the Soil Crust Determination Test and shall be considered 

sufficiently crusted. 

(c) At any given site, the existence of a sufficient crust covering one 

portion of the site may not represent the existence or 

protectiveness of a crust on another portion of the site. Repeat the 

soil crust test as often as necessary on each portion of the overall 

conditions of the site using the random selection method set forth in 

Subsection 90.4.1.1(b) of this Regulation for an accurate 

assessment. 

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History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; March 18, 2003; June 3, 2003; July 1, 2004.