II--AA

PROPOSED NEVADA ADMINISTRATIVE CODE (NAC)

ASIP UPDATE, FEBRUARY 2005

Including ncluding Permanent ermanent Amendments mendments Adopted10-05

Nevada Administrative Code 

Chapter 445B.001-.3497 - Air Controls: Air Pollution 

EXPLANATION: 

• Matter in blue italics: New NAC sections (adopted 10/04/05 by the State Environmental Commission) and 

references to them, in the existing text, that have not yet received sequential section numbers in Chapter 

445B. 

• Matter in brackets between the NAC section number and the section title refers to the corresponding existing 

ASIP regulation. If there are no brackets, there is no corresponding ASIP section. Definitions have not been 

cross-referenced. 

Definitions 

445B.001 Definitions..................................................................................................................................................... 6 

445B.002 “Act” defined................................................................................................................................................ 6 

445B.003 “Adjacent properties” defined. ................................................................................................................... 6 

445B.0035 “Administrative revision to a Class I operating permit” . ........................................................................ 6 

445B.004 “Administrator” defined. ....................................................................................................................... 6 

445B.005 “Affected facility” defined........................................................................................................................... 6 

445B.006 “Affected source” defined............................................................................................................................ 6 

445B.007 “Affected state” defined............................................................................................................................... 6 

445B.009 “Air-conditioning equipment” defined....................................................................................................... 7 

445B.011 “Air pollution” defined................................................................................................................................ 7 

445B.013 “Allowable emissions” defined.................................................................................................................... 7 

445B.014 “Alteration” defined. ................................................................................................................................... 7 

445B.015 “Alternative method” defined..................................................................................................................... 7 

445B.016 “Alternative operating scenarios” defined................................................................................................. 7 

445B.018 “Ambient air” defined. ................................................................................................................................ 7 

445B.019 “Applicable requirement” defined. ............................................................................................................ 8 

445B.021 “Area source” defined. ................................................................................................................................ 8 

445B.022 “Atmosphere” defined. ................................................................................................................................ 8 

445B.028 “Best available control technology” defined. ............................................................................................. 8 

445B.030 “British thermal units” defined. ................................................................................................................. 8 

445B.035 “Class I-B application” defined. ................................................................................................................. 9 

445B.036 “Class I source” defined. ............................................................................................................................. 9 

445B.037 “Class II source” defined............................................................................................................................. 9 

445B.038 “Class III source” defined. .......................................................................................................................... 9 

445B.041 “Clean unit” defined .................................................................................................................................. 9 

445B.042 “Combustible refuse” defined..................................................................................................................... 9 

445B.0425 “Commission” defined................................................................................................................................. 10 

445B.044 “Construction” defined. .............................................................................................................................. 10 

445B.046 “Contiguous property” defined................................................................................................................... 10 

445B.047 “Continuous monitoring system” defined.................................................................................................. 10 

445B.051 “Day” defined............................................................................................................................................... 10 

445B.053 “Director” defined. ...................................................................................................................................... 10 

Sec. 2. “Dispersion technique” defined. .................................................................................................................. 10 

445B.055 “Effective date of the program” defined. ................................................................................................... 11 

445B.056 “Emergency” defined................................................................................................................................... 11 

445B.058 “Emission” defined. ..................................................................................................................................... 11 

445B.059 “Emission unit” defined............................................................................................................................... 12 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-1
445B.060 “Enforceable” defined. ................................................................................................................................ 12 

445B.061 “EPA” defined.............................................................................................................................................. 12 

445B.062 “Equivalent method” defined...................................................................................................................... 12 

445B.063 “Excess emissions” defined.......................................................................................................................... 12 

Sec. 3. "Excessive concentration" defined. ............................................................................................................ 12 

445B.066 “Existing stationary source” defined.......................................................................................................... 13 

445B.068 “Facility” defined......................................................................................................................................... 13 

445B.069 “Federally enforceable” defined. ................................................................................................................ 14 

445B.070 “Federally enforceable emissions cap” defined. ........................................................................................ 14 

445B.072 “Fuel” defined. ............................................................................................................................................. 14 

445B.073 “Fuel-burning equipment” defined. ........................................................................................................... 14 

445B.075 “Fugitive dust” defined................................................................................................................................ 14 

445B.077 “Fugitive emissions” defined....................................................................................................................... 14 

445B.080 “Garbage” defined. ...................................................................................................................................... 14 

445B.082 “General permit” defined............................................................................................................................ 14 

Sec. 4. "Good engineering practice stack height" defined. .................................................................................... 14 

445B.084 “Hazardous air pollutant” defined. ............................................................................................................ 15 

445B.086 “Incinerator” defined. ................................................................................................................................. 15 

445B.087 “Increment” defined. ................................................................................................................................... 15 

445B.091 “Local air pollution control agency” defined............................................................................................. 15 

445B.093 “Major modification”defined. .................................................................................................................... 15 

445B.094 “Major source” defined. .............................................................................................................................. 16 

445B.0945 “Major stationary source”defined. ............................................................................................................ 16 

445B.095 “Malfunction” defined................................................................................................................................. 16 

445B.097 “Maximum allowable throughput” defined............................................................................................... 16 

445B.099 “Modification” defined. ............................................................................................................................... 17 

445B.103 “Monitoring device” defined....................................................................................................................... 17 

445B.104 “Motor vehicle” defined. ............................................................................................................................. 17 

445B.106 “Multiple chamber incinerator” defined.................................................................................................... 17 

Sec. 5. "Nearby" defined. ........................................................................................................................................ 17

445B.108 “New stationary source” defined. ............................................................................................................... 18 

445B.109 “Nitrogen oxides” defined. .......................................................................................................................... 18 

445B.112 “Nonattainment area” defined.................................................................................................................... 18 

445B.113 “Nonroad engine” defined........................................................................................................................... 18 

445B.1135 “Nonroad vehicle” defined. ......................................................................................................................... 18 

445B.116 “Odor” defined............................................................................................................................................. 18 

445B.117 “Offset” defined. .......................................................................................................................................... 18 

445B.119 “One-hour period” defined. ........................................................................................................................ 18 

445B.121 “Opacity” defined. ....................................................................................................................................... 19 

445B.122 “Open burning” defined.............................................................................................................................. 19 

445B.123 “Operating permit” defined........................................................................................................................ 19 

445B.124 “Operating permit to construct” defined................................................................................................... 19 

445B.125 “Ore” defined. .............................................................................................................................................. 19 

445B.127 “Owner or operator” defined...................................................................................................................... 20 

445B.129 “Particulate matter” defined....................................................................................................................... 20 

445B.130 “Pathological wastes” defined..................................................................................................................... 20 

445B.134 “Person” defined. ......................................................................................................................................... 20 

445B.1345 “Plantwide applicability limitation” defined. ........................................................................................... 20 

445B.135 “PM10” defined............................................................................................................................................. 20 

445B.136 “Pollution control project" defined. .......................................................................................................... 20 

445B.138 “Potential to emit” defined.......................................................................................................................... 20 

445B.142 “Prevention of significant deterioration of air quality” defined. ............................................................. 21 

445B.144 “Process equipment” defined. ..................................................................................................................... 21 

445B.145 “Process weight” defined............................................................................................................................. 21 

445B.147 “Program” defined....................................................................................................................................... 21 

445B.151 “Reference conditions” defined................................................................................................................... 21 

445B.152 “Reference method” defined. ...................................................................................................................... 21 

445B.153 “Regulated air pollutant” defined. ............................................................................................................. 21 

445B.154 “Renewal of an operating permit” defined. ............................................................................................... 22 

445B.156 “Responsible official” defined..................................................................................................................... 22 

445B.157 “Revision of an operating permit” defined. ............................................................................................... 22 

445B.161 “Run” defined. ............................................................................................................................................. 22 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-2
445B.163 “Salvage operation” defined........................................................................................................................ 22 

445B.167 “Shutdown” defined..................................................................................................................................... 23 

445B.168 “Single chamber incinerator” defined........................................................................................................ 23 

445B.174 “Smoke” defined. ......................................................................................................................................... 23 

445B.176 “Solid waste” defined................................................................................................................................... 23 

445B.177 “Source” defined. ......................................................................................................................................... 23 

445B.178 “Source reduction” defined......................................................................................................................... 23 

445B.179 “Special mobile equipment” defined. ......................................................................................................... 23 

445B.180 “Stack” and “chimney” defined.................................................................................................................. 23 

445B.182 “Standard” defined...................................................................................................................................... 24 

445B.185 “Start-up” defined. ...................................................................................................................................... 24 

445B.187 “Stationary source” defined........................................................................................................................ 24 

445B.194 “Temporary source” defined. ..................................................................................................................... 24 

445B.196 “Toxic regulated air pollutant” defined. .................................................................................................... 24 

445B.198 “Uncombined water” defined...................................................................................................................... 24 

445B.200 “Violation” defined. ..................................................................................................................................... 25 

445B.202 “Volatile organic compounds” defined....................................................................................................... 25 

445B.205 “Waste” defined. .......................................................................................................................................... 25 

445B.207 “Wet garbage” defined. ............................................................................................................................... 25 

445B.209 “Year” defined. ............................................................................................................................................ 25 

445B.211 Abbreviations. .............................................................................................................................................. 25 

General Provisions 

445B.22017 Visible emissions: Maximum opacity; determination ............................................................................... 26 

445B.22017 Visible emissions: Maximum opacity; determination. [Effective when conditions in note 

are fulfilled] .......................................................................................................................................... 26 

445B.2202 Visible emissions: Exceptions for stationary sources. [Effective through February 28, 

2006] ...................................................................................................................................................... 27 

445B.2202 Visible emissions: Exceptions for stationary sources. [Effective March 1, 2006]. .................................. 27

445B.2202 Visible emissions: Exceptions for stationary sources. [Effective when conditions in note 

are fulfilled]. ......................................................................................................................................... 27 

445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating 

emissions rates...................................................................................................................................... 28 

445B.2203 Emissions of particulate matter: Fuel-burning equipment....................................................................... 28 

445B.22033 Emissions of particulate matter: Sources not otherwise limited. ............................................................. 28 

445B.22037 Emissions of particulate matter: Fugitive dust.......................................................................................... 29 

445B.2204 “Sulfur emission” defined............................................................................................................................ 29 

445B.22043 Sulfur emissions: Calculation of total feed sulfur...................................................................................... 29 

445B.22047 Sulfur emissions: Fuel-burning equipment................................................................................................ 29 

445B.2205 Sulfur emissions: Other processes which emit sulfur................................................................................ 30 

445B.22067 Open burning. .............................................................................................................................................. 31 

445B.2207 Incinerator burning. .................................................................................................................................... 31 

445B.22083 Construction, major modification or relocation of plants to generate electricity using 

steam produced by burning of fossil fuels.......................................................................................... 32 

445B.2209 Reduction of animal matter......................................................................................................................... 32 

445B.22093 Organic solvents and other volatile compounds. ....................................................................................... 32 

445B.22097 Standards of quality for ambient air. ......................................................................................................... 33 

445B.227 Prohibited conduct: Operation of source without required equipment; removal or 

modification of required equipment; modification of required procedure. .................................... 34 

445B.230 Plan for reduction of emissions................................................................................................................... 35 

445B.250 Notification of planned construction or reconstruction. ........................................................................... 35 

445B.252 Testing and sampling................................................................................................................................... 35 

445B.256 Monitoring systems: Calibration, operation and maintenance of equipment......................................... 36 

445B.257 Monitoring systems: Location..................................................................................................................... 37 

445B.258 Monitoring systems: Verification of operational status. ........................................................................... 37 

445B.259 Monitoring systems: Performance evaluations.......................................................................................... 37 

445B.260 Monitoring systems: Components contracted for before September 11, 1974........................................ 37 

445B.261 Monitoring systems: Adjustments. ............................................................................................................. 38 

445B.262 Monitoring systems: Measurement of opacity........................................................................................... 38 

445B.263 Monitoring systems: Frequency of operation. ........................................................................................... 39 

445B.264 Monitoring systems: Recordation of data. ................................................................................................. 39 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-3
445B.265 Monitoring systems: Records; reports. ...................................................................................................... 39 

445B.267 Alternative monitoring procedures or requirements. ............................................................................... 40 

Operating Permits Generally 

445B.287 Operating permits: General requirements; exception; restrictions on transfers.................................... 41 

445B.288 Operating permits: Exemptions from requirements; insignificant activities.......................................... 41

445B.295 Application: General requirements............................................................................................................ 43 

445B.297 Application: Submission of application and supplementary or corrected information. ........................ 44 

445B.298 Application: Official date of submittal....................................................................................................... 44 

445B.305 Operating permits: Imposition of more stringent standards for emissions............................................. 44 

445B.308 Prerequisites and conditions for issuance of operating permits: Environmental 

evaluation; compliance with control strategy; exemption from environmental 

evaluation.............................................................................................................................................. 44 

445B.310 Environmental evaluation: Applicable sources. ........................................................................................ 45 

445B.311 Environmental evaluation: Required information.................................................................................... 46 

445B.313 Method for determining heat input: Class I sources................................................................................. 47 

445B.3135 Method for determining heat input: Class II sources. .............................................................................. 47 

445B.314 Method for determining heat input: Class III sources.............................................................................. 48 

445B.315 Contents of operating permits: Exception for operating permits to construct; required 

conditions.............................................................................................................................................. 48 

445B.318 Operating permits: Separate permit required for each source; form of application; 

issuance or denial of permit; posting of permit. ................................................................................ 49 

445B.319 Operating permits: Administrative amendment. ...................................................................................... 49 

445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and 

reissuance.............................................................................................................................................. 50 

445B.326 Operating permits: Assertion of emergency as affirmative defense to action for 

noncompliance...................................................................................................................................... 50 

445B.331 Request for change of location of emission unit......................................................................................... 50 

Class I Operating Permits 

445B.3361 General requirements.................................................................................................................................. 51 

445B.3363 Operating permit to construct: Application. ............................................................................................. 52 

445B.33633 Operating permit to construct for designation of clean unit: Application .............................................. 53 

445B.33635 Operating permit to construct for approval of pollution control project: Application.......................... 54 

445B.33637 Operating permit to construct for approval of plantwide applicability 

limitation:Application.......................................................................................................................... 54 

445B.3364 Operating permit to construct: Review of application and determination of completeness 

by director; notice. ............................................................................................................................... 55 

445B.3365 Operating permit to construct: Required conditions. ............................................................................... 58 

445B.33653 Operating permit to construct for designation of clean unit: Required conditions and 

information ........................................................................................................................................... 59 

445B.33656 Operating permit to construct for approval of plantwide applicability limitation: 

Required conditions and information................................................................................................. 60 

445B.3366 Operating permit to construct: Expiration; extension.............................................................................. 61 

445B.3368 Application: Additional requirements; exception. .................................................................................... 62 

445B.3375 Class I-B application: Filing requirement.................................................................................................. 64 

445B.3395 Review of application and determination of completeness by director; notice; expiration 

of permit................................................................................................................................................ 65 

445B.340 Prerequisites to issuance, revision or renewal of permit........................................................................... 68 

445B.342 Revision of permit: Exception when making certain changes; notification of changes.......................... 68 

445B.3425 Minor revision of permit. ............................................................................................................................ 68 

445B.344 Significant revision of permit...................................................................................................................... 70 

445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct 

. .............................................................................................................................................................. 70 

445B.3443 Renewal of permit. ....................................................................................................................................... 71 

Class II Operating Permits 

445B.3453 Application: General requirements............................................................................................................ 71 

445B.3457 Application: Determination of completeness by director. ........................................................................ 71 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-4
445B.346 Required contents of permit........................................................................................................................ 73 

445B.3465 Application for revision............................................................................................................................... 74 

445B.3473 Renewal of permit. ....................................................................................................................................... 74 

445B.3477 Class II general permit. ............................................................................................................................... 75 

Class III Operating Permits 

445B.3485 Application: General requirements............................................................................................................ 75 

445B.3487 Application: Determination of completeness by director. ........................................................................ 76 

445B.3489 Required contents of permit........................................................................................................................ 76 

445B.3493 Application for revision............................................................................................................................... 77 

445B.3497 Renewal of permit. ....................................................................................................................................... 77 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-5
AIR POLLUTION 

Definitions 

NAC 445B.001 Definitions. As used in NAC 445B.001 to 445B.3497, inclusive, and 

sections 2 to 5, inclusive, of this regulation, unless the context otherwise requires, the words and 

terms defined in NAC 445B.002 to 445B.211, inclusive, and sections 2 to 5, inclusive, of this 

regulation have the meanings ascribed to them in those sections. 

 (Supplied in codification; A by Environmental Comm’n, 12-5-84; 10-15-85; 8-22-86; 

9-25-87; 10-22-87; 12-15-88; 12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, 

eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001; R103-02, 

12-17-2002) 

NAC 445B.002 “Act” defined. “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 

et seq., as amended. 

 [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in 

revision for NAC 445.432) 

NAC 445B.003 “Adjacent properties” defined. “Adjacent properties” means parcels of 

land that lie near each other or in close proximity. 

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

NAC 445.4325) 

 NAC 445B.0035 “Administrative revision to a Class I operating permit” defined. 

“Administrative revision to a Class I operating permit” means a revision of an existing Class I 

operating permit that incorporates the relevant conditions of an operating permit to construct. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.004 “Administrator” defined. “Administrator” means the Administrator of 

the United States Environmental Protection Agency or the Administrator’s representative or 

delegate. 

 [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—

(Substituted in revision for NAC 445.433) 

NAC 445B.005 “Affected facility” defined. “Affected facility” means, with reference to 

a stationary or temporary source, any apparatus to which a standard is applicable. 

 [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 

10-22-87; 10-30-95) 

NAC 445B.006 “Affected source” defined. “Affected source” means a stationary source 

subject to the requirements relating to acid rain set forth in 42 U.S.C. §§ 7651 to 7651o, 

inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 

10-25-2001) 

NAC 445B.007 “Affected state” defined. “Affected state” means a state that is within 

50 miles of a Class I source located in this State, or a state that is contiguous to this State whose 

air quality may be affected by emissions from a Class I source located in this State. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-6
 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.4346) 

NAC 445B.009 “Air-conditioning equipment” defined. “Air-conditioning equipment” 

means equipment utilized to heat or cool the interior of a building or structure. 

 [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; 

A 8-28-79]—(Substituted in revision for NAC 445.435) 

NAC 445B.011 “Air pollution” defined. “Air pollution” has the meaning ascribed to it in 

NRS 445B.115. 

 [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 

12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98) 

NAC 445B.013 “Allowable emissions” defined. “Allowable emissions” means the 

emissions from a stationary source at its designed maximum capacity or at its actual maximum 

capacity, whichever is greater, except as reduced by any federally enforceable limitations on its 

emissions which are established: 

 1. By Nevada laws or regulations; 

 2. By any applicable requirement; or 

 3. By conditions of the stationary source’s operating permit, imposed on the emission rate, 

the type or amount of materials combusted or processed, the operating rates, the hours of 

operation, or any other factor limiting production or emission, whichever is most 

stringent. 

 [Environmental Comm’n, Air Quality Reg. § 1.6.5, eff. 10-16-80]—(NAC A 10-22-87; 

12-13-93; 10-30-95) 

NAC 445B.014 “Alteration” defined. “Alteration” means any addition to, or 

enlargement, replacement, modification or change of the design, capacity, process, arrangement, 

operating hours or control apparatus that will affect the kind or amount of regulated air pollutants 

emitted. 

 (Added to NAC by Environmental Comm’n, eff. 12-8-89; A 10-30-95) 

NAC 445B.015 “Alternative method” defined. “Alternative method” means any 

method of sampling and analyzing for a regulated air pollutant which is not a reference or 

equivalent method, but which has been demonstrated to the satisfaction of the director that, in 

specific cases, it produces results adequate to determine compliance. 

 [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79]—(NAC A 

10-30-95) 

NAC 445B.016 “Alternative operating scenarios” defined. “Alternative operating 

scenarios” means two or more modes or types of operation specifically identified by a stationary 

source in its application and approved by the director as a condition or as conditions of 

the source’s operating permit. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

NAC 445B.018 “Ambient air” defined. “Ambient air” means that portion of the 

atmosphere which is external to buildings, structures, facilities or installations to which the 

public has access. 

 [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; 

A 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.441) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-7
NAC 445B.019 “Applicable requirement” defined. “Applicable requirement” means, as 

applied to a stationary source: 

 1. Any standard or other relevant requirement: 

 (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.3497, 

inclusive, except for the standards for ambient air established in NAC 445B.22097; 

 (b) Provided in the applicable implementation plan approved or adopted by the EPA pursuant 

to 42 U.S.C. §§ 7401 to 7515, inclusive; 

 (c) For a hazardous air pollutant adopted pursuant to 42 U.S.C. § 7412, including any 

requirement regarding the prevention of accidental releases; 

 (d) For a program to control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o, 

inclusive; 

 (e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. 

§ 7413(a)(3) or 7661c(b); 

 (f) For solid waste incineration units adopted pursuant to 42 U.S.C. § 7429; 

 (g) For consumer and commercial products or tank vessels adopted pursuant to 42 U.S.C. 

§ 7511b; and 

 (h) For the protection of stratospheric ozone adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, 

inclusive, unless the Administrator determines that such provisions are not required in an 

operating permit; 

 2. A new source performance standard adopted pursuant to 42 U.S.C. § 7411; 

 3. Any term or condition of any permit issued pursuant to the requirements of 42 U.S.C. 

§§ 7401 to 7515, inclusive, including provisions regarding the prevention of significant 

deterioration of air quality and new source review; and 

 4. Any national ambient air quality standard or requirement regarding increments or 

visibility adopted pursuant to 42 U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a 

temporary source for which the owner or operator has applied for and obtained an operating 

permit pursuant to NAC 445B.287 to 445B.3497, inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

R105-97, 3-5-98) 

NAC 445B.021 “Area source” defined. “Area source” means any stationary source of 

hazardous air pollutants that is not a major source. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.4425) 

NAC 445B.022 “Atmosphere” defined. “Atmosphere” means all the air surrounding the 

earth and external to buildings and structures. 

 [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 

12-4-76; A and renumbered as § 1.13, 8-28-79]—(Substituted in revision for NAC 445.444) 

NAC 445B.028 “Best available control technology” defined. For a stationary source 

that is subject to the provisions of 40 C.F.R. § 52.21, “best available control technology” has the 

meaning ascribed to it in 40 C.F.R. § 52.21, as incorporated by reference in NAC 445B.221. 

 [Environmental Comm’n, Air Quality Reg. Art. 1 part § 1, eff. 8-28-79]—(NAC A 10-22-87; 

9-19-90; 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96) 

NAC 445B.030 “British thermal units” defined. “British thermal units (Btu)” means 

that quantity of heat required to raise the temperature of one pound of water from 60 degrees 

Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7 pounds per square 

inch (29.92 inches of mercury). 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-8
 [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 

12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.457) 

NAC 445B.035 “Class I-B application” defined. “Class I-B application” means an 

application for a Class I operating permit that is required for any new stationary source or 

significant modification to an existing stationary source which is subject to the requirements of 

42 U.S.C. §§ 7661 to 7661f, inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96) 

NAC 445B.036 “Class I source” defined. “Class I source” means any stationary source: 

 1. Which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive; 

 2. For which the owner or operator has proposed the construction of a major modification; or 

 3. Which is a major stationary source.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96) 

NAC 445B.037 “Class II source” defined. “Class II source” means any stationary source 

which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive, but which is 

otherwise subject to the requirements of NAC 445B.001 to 445B.3497, inclusive. The term does 

not include a stationary source that is operating under a Class III operating permit issued 

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

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

R040-01, 10-25-2001) 

NAC 445B.038 “Class III source” defined. “Class III source” means a stationary source 

which is subject to the requirements set forth in NAC 445B.001 to 445B.3497, inclusive, and: 

 1. Which emits or has the potential to emit, individually or in combination, a total of not 

more than 5 tons per year of PM10, NOx, SO2, VOC and H2S; 

 2. Which emits less than 1,000 pounds of lead per year; 

 3. Which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive; 

 4. Which is not subject to the requirements of 40 C.F.R. Part 60; 

 5. Which is not subject to the requirements of 40 C.F.R. Part 61; 

 6. Which is not a temporary source; 

 7. Which is not located at or a part of another stationary source; and 

 8. Whose owner or operator: 

 (a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63; or 

 (b) Is not required to obtain an operating permit to operate the stationary source solely to 

comply with NAC 445B.22037 relating to surface area disturbances. 

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001) 

 NAC 445B.041 “Clean unit” defined. “Clean unit” means a clean unit as defined in 40 

C.F.R. § 52.21(b)(42) that has been designated by the Director pursuant to 40 C.F.R. § 52.21(y) 

and authorized in an operating permit to construct pursuant to NAC 445B.001 to 445B.3497, 

inclusive. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.042 “Combustible refuse” defined. “Combustible refuse” means any waste 

material which can be consumed by combustion. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-9
 [Environmental Comm’n, Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35, 

12-4-76]—(Substituted in revision for NAC 445.472) 

NAC 445B.0425 “Commission” defined. “Commission” has the meaning ascribed to it in 

NRS 445B.120. 

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

NAC 445B.044 “Construction” defined. “Construction” means any physical change or 

change in the method of operation of an emission unit, including, without limitation, the 

fabrication, erection, installation or modification of an emission unit. 

 [Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 3-5-

98) 

NAC 445B.046 “Contiguous property” defined. “Contiguous property” means any 

property under single or joint ownership or operatorship which is in physical contact, touching, 

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

otherwise contiguous property. 

 [Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43, 

12-4-76]—(Substituted in revision for NAC 445.479) 

NAC 445B.047 “Continuous monitoring system” defined. “Continuous monitoring 

system” means the equipment required for monitoring emissions which is used to sample and, if 

applicable, condition, to analyze, and to provide a permanent record of emissions or process 

parameters. 

 [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77]—(Substituted in 

revision for NAC 445.480) 

NAC 445B.051 “Day” defined. “Day” means a 24-hour period which begins at 

midnight. 

 [Environmental Comm’n, Air Quality Reg. § 1.51, eff. 12-4-76]—(NAC A 10-22-87)—

(Substituted in revision for NAC 445.486) 

NAC 445B.053 “Director” defined. “Director” means the director of the state 

department of conservation and natural resources or his designee or a person designated by or 

pursuant to a county or city ordinance or regional agreement or regulation to enforce local air 

pollution control ordinances and regulations. 

 [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 

12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.488) 

 Sec. 2. (eff. 11-01-05) “Dispersion technique” defined. 

 1. “Dispersion technique” means any technique that attempts to affect the concentration of 

a pollutant in the ambient air by: 

 (a) Using that portion of a stack which exceeds good engineering practice stack height; 

 (b) Varying the rate of emission of a pollutant according to atmospheric conditions or 

ambient concentrations of that pollutant; or 

 (c) Increasing final exhaust gas plume rise by manipulating source process parameters, 

exhaust gas parameters or stack parameters, combining exhaust gases from several existing 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-10
stacks into one stack or other selective handling of exhaust gas streams so as to increase the 

exhaust gas plume rise. 

 2. The term does not include: 

 (a) The reheating of a gas stream, following use of a pollution control system, for the 

purpose of returning the gas to the temperature at which it was originally discharged from the 

facility generating the gas stream. 

 (b) The merging of exhaust gas streams where: 

(1) The source owner or operator demonstrates that the facility was originally designed 

and constructed with such merged gas streams; 

(2) After July 8, 1985 such merging is part of a change in operation at the facility that 

includes the installation of pollution controls and is accompanied by a net reduction in the 

allowable emissions of a pollutant. This exclusion from the definition of “dispersion 

techniques” applies only to the emission limitation for the pollutant affected by such a change 

in operation; or 

(3) Before July 8, 1985, such merging was part of a change in operation at the facility 

that included the installation of emissions control equipment or was carried out for sound 

economic or engineering reasons. Where there was an increase in the emission limitation or, 

in the event that no emission limitation was in existence before the merging, an increase in the 

quantity of pollutants actually emitted prior to the merging, the Director shall presume that 

merging was significantly motivated by an intent to gain emissions credit for greater 

dispersion. Absent a demonstration by the source owner or operator that merging was not 

significantly motivated by such intent, the Director shall deny credit for the effects of such 

merging in calculating the allowable emissions for the source. 

 (c) Smoke management in agricultural or silvicultural prescribed burning programs. 

 (d) Episodic restrictions on residential woodburning and open burning. 

 (e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas 

plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not 

exceed 5,000 tons per year. 

NAC 445B.055 “Effective date of the program” defined. “Effective date of the 

program” means the date on which the Administrator approves the program. 

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

NAC 445.4915) 

NAC 445B.056 “Emergency” defined. “Emergency” means any situation arising from a 

sudden and reasonably unforeseeable event beyond the control of the owner or operator, 

including an act of God, that requires immediate corrective action to restore normal operation, 

and that causes the source to exceed an emission limitation contained in the operating permit 

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

with emission limitations because of the improper design of the source, the lack of preventative 

maintenance, the careless or improper operation of the source, or any error by the operator. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.4955) 

NAC 445B.058 “Emission” defined. 

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas 

stream which contains, or may contain, a regulated air pollutant. 

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

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-11
 [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65, 

12-4-76]—(NAC A by R105-97, 3-5-98) 

NAC 445B.059 “Emission unit” defined. “Emission unit” means a part of a stationary 

source which emits or has the potential to emit any regulated air pollutant. 

 [Environmental Comm’n, Air Quality Reg. § 1.57.5, eff. 10-16-80]—(NAC A 10-22-87; 

3-29-94, eff. 11-15-94; 10-30-95) 

NAC 445B.060 “Enforceable” defined. “Enforceable” means enforceable under federal, 

state or local law. 

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

NAC 445.5005) 

NAC 445B.061 “EPA” defined. “EPA” means the United States Environmental 

Protection Agency. 

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

NAC 445.5008) 

NAC 445B.062 “Equivalent method” defined. “Equivalent method” means any method 

of sampling and analyzing for a regulated air pollutant which has been demonstrated to the 

director’s satisfaction to have a consistent and quantitatively known relationship to the reference 

method under specified conditions. 

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

NAC 445B.063 “Excess emissions” defined. “Excess emissions” means any emission 

which exceeds any applicable emission limitation prescribed by NAC 445B.001 to 445B.3497, 

inclusive, and sections 2 to 5, inclusive, of this regulation, or that is contained in an operating 

permit. The averaging time and test procedures for determining excess emissions must be as 

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

preclude the use, including the exclusive use, of any credible evidence or information relevant to 

the determination of whether a source would have been in compliance with the applicable 

requirements if the appropriate performance or compliance test or procedure had been performed 

to determine excess emissions. 

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 1, eff. 8-29-79]—(NAC A 10-22-87; 12-

13-93)—(Substituted in revision for NAC 445.504) 

 Sec. 3. (eff. 11-01-05) “Excessive concentration” defined. “Excessive concentration” 

means, for the purpose of determining good engineering practice stack height: 

 1. For sources seeking credit for stack height exceeding that established under paragraph 

(b) of subsection 1 of section 4 of this regulation, a maximum ground-level concentration due 

to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced 

by nearby structures or nearby terrain features which individually is at least 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 an ambient air quality standard. For sources subject to 40 C.F.R.§ 

52.21, 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 40 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-12
percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects and greater than a prevention of significant deterioration 

increment. The allowable emission rate to be used in making demonstrations pursuant to NAC 

445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation must be 

prescribed by the new source performance standard that 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 Director, an alternative emission rate must be established 

in consultation with the source owner or operator. 

 2. For sources seeking credit after October 11, 1983, for increases in existing stack heights 

up to the heights established under paragraph (b) of subsection 1 of section 4 of this 

regulation, either: 

 (a) A maximum ground-level concentration due in whole or part to downwash, wakes or 

eddy effects as provided in subsection 1, except that the emission rate specified by any 

applicable state limit or, in the absence of such a limit, the actual emission rate, must be used; 

or 

 (b) The actual presence of a local nuisance caused by the existing stack, as determined by 

the Director. 

 3. For sources seeking credit after January 12, 1979, for a stack height determined under 

paragraph (b) of subsection 1 of section 4 of this regulation, where the Director requires the 

use of a field study or fluid model to verify good engineering practice 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 

paragraph (b) of subsection 1 of section 4 of this regulation, a maximum ground-level 

concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 

percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes, or eddy effects. 

NAC 445B.066 “Existing stationary source” defined. “Existing stationary source” 

means: 

 1. For stationary sources subject to 42 U.S.C. § 7412, any stationary source other than a new 

stationary source. 

 2. For all other stationary sources, a stationary source which was constructed, or for which 

the owner or operator submitted a complete application for an operating permit, before the 

effective date of the program. 

 [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73, 

12-4-76]—(NAC A 12-13-93; 10-30-95) 

NAC 445B.068 “Facility” defined. “Facility” includes any groups of activities which 

emit regulated air pollutants, are located on one or more contiguous properties, and are owned, 

operated or controlled by the same person. 

 [Environmental Comm’n, Air Quality Reg. § 1.64, eff. 5-7-80]—(NAC A 10-30-95) 

NAC 445B.069 “Federally enforceable” defined. “Federally enforceable” means 

enforceable by the Administrator pursuant to any provision of 42 U.S.C. §§ 7401 to 7671q, 

inclusive, 40 C.F.R. §§ 52.21 and 51.160 to 51.166, inclusive, or 40 C.F.R. Part 70, or by other 

persons pursuant to 42 U.S.C. § 7604. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-13
 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 

11-15-94)—(Substituted in revision for NAC 445.5095) 

NAC 445B.070 “Federally enforceable emissions cap” defined. “Federally enforceable 

emissions cap” means a condition of an operating permit containing an emission limitation that 

the holder of the operating permit requested and the director approved and which is independent 

of any applicable requirement or requirements. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.5105) 

NAC 445B.072 “Fuel” defined. “Fuel” means any form of combustible matter, solid, 

liquid, vapor or gas which is used to generate energy. 

 [Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 

12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.516) 

NAC 445B.073 “Fuel-burning equipment” defined. “Fuel-burning equipment” means: 

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

combustion of fuel in which heat is transferred from the products of combustion indirectly for 

the production of useful heat or power. 

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

of fuel in which heat is transferred from the products of combustion directly for the production of 

useful heat or power. 

 [Environmental Comm’n, Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as 

§ 1.85, 12-4-76]—(NAC A 9-19-90)—(Substituted in revision for NAC 445.517) 

NAC 445B.075 “Fugitive dust” defined. “Fugitive dust” means emissions of solid, 

airborne particulate matter which could not reasonably pass through a stack, chimney, vent or a 

functionally equivalent opening. 

 [Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 

12-4-76; A and renumbered as § 1.75, 10-16-80]—(NAC A 3-29-94, eff. 11-15-94)—

(Substituted in revision for NAC 445.520) 

NAC 445B.077 “Fugitive emissions” defined. “Fugitive emissions” means emissions of 

any regulated air pollutants, including fugitive dust, which could not reasonably pass through a 

stack, chimney, vent or a functionally equivalent opening. 

 [Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 

11-15-94; 10-30-95) 

NAC 445B.080 “Garbage” defined. “Garbage” means putrescible animal or vegetable 

refuse. 

 [Environmental Comm’n, Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89, 

12-4-76]—(Substituted in revision for NAC 445.525) 

NAC 445B.082 “General permit” defined. “General permit” means an operating permit 

issued by the director to cover numerous similar stationary sources. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

 Sec. 4. (eff 11-01-05) “Good engineering practice stack height” defined.

 1. “Good engineering practice stack height” means the stack height that is the greater of: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-14
 (a) Two-hundred thirteen feet, measured from the ground level elevation at the base of the 

stack; 

 (b) A height determined as follows: 

 (1) For stacks that commenced construction on or before January 12, 1979, and for 

which the owner or operator had obtained all applicable permits or approvals required 

pursuant to 40 C.F.R. Parts 51 and 52 and NAC 445B.001 to 445B.3497, inclusive, and 

sections 2 to 5, inclusive, of this regulation, the height determined by the use of the equation 

Hg = 2.5H, so long as the owner or operator produces evidence that this equation was actually 

relied on in establishing an emission limitation; and 

 (2) For all other stacks, the height determined by use of the equation Hg = H + 1.5L, 

¬ except that the Director may require the use of a field study or fluid model to verify good 

engineering practice stack height for the source; or 

 (c) The height demonstrated by a fluid model or a field study approved by the Director, 

which ensures that the emissions from a stack do not result in excessive concentrations of any 

air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source 

itself, nearby structures or nearby terrain features. 

2. For the purposes of this section: 

Hg = good engineering practice stack height, measured from the ground-level elevation at 

the base of the stack; 

H = height of nearby structures measured from the ground-level elevation at the base of 

the stack; and 

L = lesser dimension, height or projected width, of nearby structures. 

NAC 445B.084 “Hazardous air pollutant” defined. “Hazardous air pollutant” has the 

meaning ascribed to it in NRS 445B.140. 

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

NAC 445.5305) 

NAC 445B.086 “Incinerator” defined. “Incinerator” means an engineered apparatus 

capable of withstanding heat and designed to efficiently reduce solid, semisolid, liquid or 

gaseous waste at specified rates and from which the residues contain little or no combustible 

material. 

 [Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98, 

12-4-76]—(Substituted in revision for NAC 445.533) 

NAC 445B.087 “Increment” defined. “Increment” has the meaning ascribed to it in 

40 C.F.R. § 52.21, as adopted in NAC 445B.221. 

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

NAC 445.5335) 

NAC 445B.091 “Local air pollution control agency” defined. “Local air pollution 

control agency” means any city, county or district air pollution control agency approved by the 

commission. 

 [Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 

12-4-76; A and renumbered as § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537) 

 NAC 445B.093 “Major modification” defined. “Major modification” has the meaning 

ascribed to it in 40 C.F.R. § 52.21. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-15
 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.094 “Major source” defined. 

 1. Except as otherwise provided in subsection 3, “major source” means any stationary 

source that: 

 (a) Is located on one or more contiguous or adjacent properties; 

 (b) Is under the common control of the same person or persons; 

 (c) Belongs to a single major industrial grouping as described in the Standard Industrial 

Classification Manual, as incorporated by reference in NAC 445B.221; and 

 (d) Meets one of the following conditions: 

 (1) Is located in a nonattainment area and is required to obtain an operating permit 

pursuant to 42 U.S.C. §§ 7501 to 7515, inclusive; 

 (2) Directly emits or has the potential to emit: 

 (I) One hundred tons per year or more of any regulated air pollutant, excluding 

particulate matter more than 10 microns in diameter; or 

 (II) Ten tons per year or more of a hazardous air pollutant or 25 tons per year or more 

of any combination of hazardous air pollutants or a lesser quantity as established by the 

Commission; or 

 (3) Is located in a particulate matter (PM10) “serious” nonattainment area and directly 

emits or has the potential to emit 70 tons per year or more of PM . 10

¬The Director shall consider fugitive emissions in determining whether a stationary source is 

major for any source category listed in 40 C.F.R. § 52.21(b)(1)(iii), as adopted by reference 

pursuant to NAC 445B.221, or whether a stationary source of a hazardous air pollutant is a major 

source. To determine whether a stationary source is a major source of hazardous air pollutants 

under 42 U.S.C. § 7412, emissions from any oil or gas exploration or production well, with its 

associated equipment, and emissions from any pipeline compressor or pump station must not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control. 

 2. In determining whether a stationary source is a major source, the Director shall not 

consider the emissions from mobile sources subject to regulation under Title II of the federal 

Clean Air Act, 42 U.S.C. §§ 7521 to 7590, inclusive, or from nonroad engines. 

 3. For the purposes of the program for the prevention of significant deterioration of air 

quality (PSD), the term “major source” is synonymous with the term “major stationary source” 

as that term is defined in 40 C.F.R. § 52.21(b)(1), as adopted by reference in NAC 445B.221. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 

11-15-94; 10-30-95; 5-3-96; R105-97, 3-5-98; R117-00, 6-1-2001) 

 NAC 445B.0945 “Major stationary source” defined. “Major stationary source” has the 

meaning ascribed to it in 40 C.F.R. §52.21(b)(1). 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.095 “Malfunction” defined. “Malfunction” means any sudden and 

unavoidable failure of air pollution control equipment or process equipment or of a process to 

operate in a normal or usual manner. Failures that are caused entirely or in part by poor 

maintenance, careless operation, or any other preventable upset condition or preventable 

equipment breakdown are not considered malfunctions. 

 [Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as 

§ 1.101, 8-28-79]—(Substituted in revision for NAC 445.542) 

NAC 445B.097 “Maximum allowable throughput” defined. “Maximum allowable 

throughput” means: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-16
 1. The maximum process weight allowed through a continuous or long-run steady-rate 

operation, per hour; or 

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

1-hour period. 

¬If any process, operation or the design of any equipment permits more than one interpretation 

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

 (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for 

NAC 445.5435) 

NAC 445B.099 “Modification” defined. “Modification” means any physical change in, 

or change in the method of operation of a stationary source which: 

 1. Increases the amount of any regulated air pollutant, to which a standard applies, emitted 

into the atmosphere by that stationary source; or 

 2. Results in the emission of any regulated air pollutants, to which a standard applies, into 

the atmosphere if the regulated air pollutants were not previously emitted. 

 [Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as 

§ 1.95, 5-7-80]—(NAC A 10-30-95) 

NAC 445B.103 “Monitoring device” defined. “Monitoring device” means the total 

equipment used to measure and record emissions and process parameters which is required 

pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.601, inclusive, or 

as a condition of an operating permit. 

 [Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12-4-76]—(NAC A 3-29-94, eff. 

1-11-96; 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.548) 

NAC 445B.104 “Motor vehicle” defined. “Motor vehicle” has the meaning ascribed to it 

in NRS 485.050. 

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

NAC 445B.106 “Multiple chamber incinerator” defined. “Multiple chamber 

incinerator” means any article, machine, equipment contrivance, structure or part of a structure 

used to dispose of combustible refuse by burning, which consists of three or more refractory 

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

by gas passage ports or ducts and employing adequate design parameters necessary for 

maximum combustion of the material to be burned. 

 [Environmental Comm’n, Air Quality Reg. § 1.39, eff. 11-7-75; renumbered as § 1.113, 

12-4-76]—(Substituted in revision for NAC 445.549) 

 Sec 5. (eff. 11-01-05) “Nearby” defined. “Nearby” means, as used in sections 3 and 4 of 

this regulation, with respect to a specific structure or terrain feature: 

 1. For the purposes of using the equations set forth in paragraph (b) of subsection 1 of 

section 4 of this regulation, that distance up to five times the lesser of the height or the width 

dimension of a structure, but not greater than one-half mile; and 

 2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of 

section 4 of this regulation, not greater than one-half mile, except that the portion of a terrain 

feature may be considered to be nearby which falls within a distance of up to 10 times the 

maximum height of the feature, not to exceed 2 miles if such feature achieves a height onehalf mile from the stack that is at least 40 percent of the good engineering practice stack 

height determined by using the equation set forth in subparagraph (2) of paragraph (b) of 

subsection 1 of section 4 of this regulation or 85 feet, whichever is greater, as measured from 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-17
the ground-level elevation at the base of the stack. The height of the structure or terrain 

feature is measured from the ground-level elevation at the base of the stack.

NAC 445B.108 “New stationary source” defined. “New stationary source” means: 

 1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary 

source for which the owner or operator commenced construction or reconstruction after the 

Administrator proposed regulations pursuant to 42 U.S.C. § 7412 which established an emission 

standard applicable to the stationary source. 

 2. For all other stationary sources, a stationary source or modification for which an owner or 

operator has not submitted a complete application for an operating permit before the effective 

date of the program. 

 [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 

12-4-76; A and renumbered as § 1.100, 5-7-80]—(NAC A 12-13-93; 10-30-95) 

NAC 445B.109 “Nitrogen oxides” defined. “Nitrogen oxides” means all oxides of 

nitrogen except nitrous oxide, as measured by test methods approved by the EPA. 

 [Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12-4-76]—(NAC A 3-29-94, eff. 

11-15-94)—(Substituted in revision for NAC 445.552) 

NAC 445B.112 “Nonattainment area” defined. “Nonattainment area” means, for any 

regulated air pollutant, an area: 

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

method determined by the Administrator to be reliable, to exceed any national standard of 

ambient air quality for the regulated air pollutant; 

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

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

 [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 

11-15-94; 10-30-95) 

NAC 445B.113 “Nonroad engine” defined. “Nonroad engine” has the meaning ascribed 

to it in 40 C.F.R. § 89.2, as that section existed on December 31, 1997. 

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

NAC 445B.1135 “Nonroad vehicle” defined. “Nonroad vehicle” has the meaning 

ascribed to it in 40 C.F.R. § 89.2, as that section existed on December 31, 1997. 

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

NAC 445B.116 “Odor” defined. “Odor” means a characteristic of a regulated air 

pollutant which makes it perceptible to the sense of smell. 

 [Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 

12-4-76]—(NAC A 10-30-95) 

NAC 445B.117 “Offset” defined. “Offset” means a reduction in emissions at an existing 

stationary source which is greater than a corresponding increase in emissions of the same 

regulated air pollutant at a new stationary source or a modification of a stationary source in the 

same nonattainment area. 

 (Added to NAC by Environmental Comm’n, eff. 3-29-94; A 10-30-95) 

NAC 445B.119 “One-hour period” defined. “One-hour period” means any 60-minute 

period. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-18
 [Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—

(Substituted in revision for NAC 445.556) 

NAC 445B.121 “Opacity” defined. “Opacity” means the property of a substance tending 

to obscure vision and measured in terms of percent obscuration. The relationship between 

opacity and Ringelmann number is approximately equal to the following in shades of white to 

gray. 

 Opacity Ringelmann 

 (Percent) Number 

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

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

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

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

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

 [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 

12-4-76]—(Substituted in revision for NAC 445.557) 

NAC 445B.122 “Open burning” defined. “Open burning” means any fire from which 

the products of combustion are emitted into the atmosphere without passing through a stack or 

chimney. 

 [Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 

12-4-76]—(Substituted in revision for NAC 445.558) 

NAC 445B.123 “Operating permit” defined. “Operating permit” has the meaning 

ascribed to it in NRS 445B.145. Unless otherwise specifically stated, the term includes a Class I, 

a Class II and a Class III operating permit and an operating permit to construct. 

 [Environmental Comm’n, Air Quality Reg. § 1.46, eff. 11-7-75; renumbered as § 1.122, 

12-4-76]—(NAC A 12-13-93; R040-01, 10-25-2001; R103-02, 12-17-2002) 

NAC 445B.124 “Operating permit to construct” defined. “Operating permit to 

construct” means an operating permit signed and issued by the director which: 

 1. Authorizes the construction and an initial period of operation of a proposed new Class I 

stationary source or modification to an existing Class I stationary source; 

 2. Includes the conditions which apply to the construction and the initial period of operation 

of the Class I stationary source or modification to an existing Class I stationary source; and 

 3. Includes the requirement that the holder of the operating permit to construct submit a 

complete application for a Class I operating permit or for a modification of an existing Class I 

operating permit within 12 months after the date of the initial start-up of the new or modified 

Class I stationary source. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.125 “Ore” defined. “Ore” means a natural combination of minerals from 

which a metal can be extracted. 

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted in revision 

for NAC 445.560) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-19
NAC 445B.127 “Owner or operator” defined. “Owner or operator” means any person 

who owns, leases, operates, controls or supervises an affected facility or a stationary source of 

which an affected facility is a part. 

 [Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision 

for NAC 445.561) 

NAC 445B.129 “Particulate matter” defined. “Particulate matter” means any material 

except uncombined water that exists in a finely divided form as a liquid or solid at reference 

conditions. 

 [Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 

12-4-76]—(Substituted in revision for NAC 445.562) 

NAC 445B.130 “Pathological wastes” defined. “Pathological wastes” means human 

and animal remains consisting of carcasses, organs and solid organic wastes from hospitals, 

laboratories, abattoirs, animal pounds and similar stationary sources. 

 [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 

12-4-76]—(NAC A 10-30-95) 

NAC 445B.134 “Person” defined. “Person” has the meaning ascribed to it in 

NRS 445B.150. 

 [Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 

12-4-76]—(Substituted in revision for NAC 445.564) 

 NAC 445B.1345 “Plantwide applicability limitation” defined. (NRS 445B.210) 

“Plantwide applicability limitation” means a plantwide applicability limitation as defined in 40 

C.F.R. § 52.21(aa)(2)(v) that has been approved by the Director and authorized in an operating 

permit to construct pursuant to NAC 445B.001 to 445B.3497, inclusive. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.135 “PM ” defined. 10 “PM10” means any particulate matter in the atmosphere 

with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by an 

approved reference method or equivalent method based on 40 C.F.R. Part 50, Appendix J and 

designated in accordance with 40 C.F.R. Part 53. 

 (Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted in revision for 

NAC 445.5655) 

 NAC 445B.136 “Pollution control project” defined. (NRS 445B.210) “Pollution control 

project” means a pollution control project as defined in 40 C.F.R. § 52.21(b)(32) that has been 

approved by the Director and authorized in an operating permit to construct pursuant to NAC 

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

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.138 “Potential to emit” defined. “Potential to emit” means the maximum 

capacity of a stationary source to emit a regulated air pollutant under its physical and operational 

design. Any physical or operational limitation on the capacity of a stationary source to emit a 

regulated air pollutant, including equipment for the control of air pollution and any restrictions 

on the hours of operation of the stationary source or on the type or amount of material 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-20
combusted, stored or processed, may be treated as part of its design for the purposes of 

determining its potential to emit if the limitation is enforceable by the director. 

 [Environmental Comm’n, Air Quality Reg. part § 1.115.5, eff. 10-16-80]—(NAC A 12-13-93; 

10-30-95; 5-3-96) 

NAC 445B.142 “Prevention of significant deterioration of air quality” defined. “Prevention of significant deterioration of air quality” has the meaning ascribed to it in 40 C.F.R. 

§ 52.21. 

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

NAC 445.5795) 

NAC 445B.144 “Process equipment” defined. “Process equipment” means any 

equipment used for storing, handling, transporting, processing or changing any material, 

excluding that equipment specifically defined in NAC 445B.001 to 445B.601, inclusive, as 

fuel-burning equipment or incinerators. 

 [Environmental Comm’n, Air Quality Reg. § 1.52, eff. 11-7-75; renumbered as § 1.140, 

12-4-76]—(Substituted in revision for NAC 445.581) 

NAC 445B.145 “Process weight” defined. “Process weight” means the total weight of 

all materials introduced into an emission unit including solid fuels, but excluding liquids and 

gases used solely as fuels and air introduced for purposes of combustion of the fuel. 

 [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 

12-4-76; A and renumbered as § 1.140, 8-28-79]—(NAC A 10-30-95) 

NAC 445B.147 “Program” defined. “Program” means the program for issuing 

operating permits to Class I sources which the Administrator has approved as complying with the 

requirements of 40 C.F.R. Part 70. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.5855) 

NAC 445B.151 “Reference conditions” defined. “Reference conditions” means that all 

measurements of ambient air quality are corrected to a reference temperature of 77°F (25°C) and 

to a reference pressure of 29.92 inches (760 millimeters, 1,013.2 millibars) of mercury. 

 [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as 

§ 1.147, 12-4-76; A and renumbered as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in 

revision for NAC 445.589) 

NAC 445B.152 “Reference method” defined. “Reference method” means any method 

of sampling and analyzing for a regulated air pollutant as described in Appendix A of 40 C.F.R. 

§ 60. 

 [Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as 

§ 1.145, 8-28-79]—(NAC A 10-30-95) 

NAC 445B.153 “Regulated air pollutant” defined. “Regulated air pollutant” means: 

 1. Nitrogen oxides or any volatile organic compounds; 

 2. Any pollutant subject to: 

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

pollutants identified by the Administrator; 

 (b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411; or 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-21
 (c) A standard established pursuant to NAC 445B.22097; 

 3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 

7671 to 7671q, inclusive; or 

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

hazardous air pollutant regulated under 42 U.S.C. § 7412 is not a regulated air pollutant unless 

the hazardous air pollutant is also regulated as a constituent or precursor of an air pollutant listed 

pursuant to 42 U.S.C. § 7408. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

NAC 445B.154 “Renewal of an operating permit” defined. “Renewal of an operating 

permit” means the process by which a holder of an operating permit applies for and the director 

reissues the operating permit at the end of its term. 

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

NAC 445.5915) 

NAC 445B.156 “Responsible official” defined. “Responsible official” means: 

 1. For a corporation: 

 (a) A president; 

 (b) A vice president in charge of a principal business function; 

 (c) A secretary; 

 (d) A treasurer; or 

 (e) An authorized representative of such a person who is responsible for the overall operation 

of the facility and who is designated in writing by an officer of the corporation and approved in 

advance by the director. 

 2. For a partnership or sole proprietorship, a general partner or the proprietor, respectively. 

 3. For a municipality or a state, federal or other public agency, a ranking elected official or a 

principal executive officer, including, for a federal agency, a chief executive officer who has 

responsibility for the overall operations of a principal geographic unit of the agency. 

 4. For an affected source, the designated representative or his alternate, as defined in 

42 U.S.C. § 7651a(26). 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.5925) 

NAC 445B.157 “Revision of an operating permit” defined. “Revision of an operating 

permit” means any modification of, or any administrative amendment or administrative revision

to, an operating permit. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in 

revision for NAC 445.5935) 

NAC 445B.161 “Run” defined. “Run” means the net period of time during which an 

emission sample is collected. Unless otherwise specified, a run may be either intermittent or 

continuous within the limits of good engineering practice. 

 [Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision 

for NAC 445.599) 

NAC 445B.163 “Salvage operation” defined. “Salvage operation” means any operation 

conducted in whole or in part for the salvaging or reclaiming of any product or material. 

 [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 

12-4-76]—(Substituted in revision for NAC 445.601) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-22
NAC 445B.167 “Shutdown” defined. “Shutdown” means the cessation of operation of 

an affected facility for any purpose. 

 [Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision 

for NAC 445.606) 

NAC 445B.168 “Single chamber incinerator” defined. “Single chamber incinerator” 

means an incinerator with one chamber that serves for ignition, combustion and ash removal of a 

design approved by the division of environmental protection of the state department of 

conservation and natural resources. 

 [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and 

renumbered as § 1.94.1, 8-28-79]—(Substituted in revision for NAC 445.612) 

NAC 445B.174 “Smoke” defined. “Smoke” means small particles consisting 

predominantly, but not exclusively, of carbon, ash or other combustible material, resulting from 

incomplete combustion. 

 [Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 

12-4-76]—(Substituted in revision for NAC 445.621) 

NAC 445B.176 “Solid waste” defined. “Solid waste” means refuse, more than 50 

percent of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, 

food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such 

as glass and rock. 

 [Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision 

for NAC 445.622) 

NAC 445B.177 “Source” defined. “Source” has the meaning ascribed to it in 

NRS 445B.155. 

 [Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 

12-4-76]—(NAC A 10-30-95) 

NAC 445B.178 “Source reduction” defined.

 1. “Source reduction” means any practice which reduces: 

 (a) The amount of a regulated air pollutant or pollutants, including fugitive emissions, 

emitted to the ambient air before the application of control equipment; and 

 (b) The hazards to public health and the environment associated with the emission of the 

regulated air pollutant or pollutants. 

 2. The term includes modifications of equipment or technology, modifications of procedure 

or process, reformulation or redesign of products, substitution of raw materials, and 

improvements in housekeeping, maintenance, training, or control of inventory. 

 3. The term does not include any practice which alters the physical, chemical or biological 

characteristics or the volume of the regulated air pollutant through a process or activity which is 

not integral to and necessary for the production of a product or the provision of a service. 

 (Added to NAC by Environmental Comm’n, eff. 3-29-94)—(Substituted in revision for 

NAC 445.6235) 

NAC 445B.179 “Special mobile equipment” defined. “Special mobile equipment” has 

the meaning ascribed to it in NRS 482.123. 

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

NAC 445B.180 “Stack” and “chimney” defined. “Stack” or “chimney” means any flue, 

conduit or duct which conducts a regulated air pollutant to the atmosphere. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-23
 [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 

12-4-76]—(NAC A 10-14-82; 3-29-94, eff. 11-15-94; 10-30-95) 

NAC 445B.182 “Standard” defined. “Standard” means a standard of performance that 

is proposed or promulgated by the Administrator or the director pursuant to NAC 445B.001 to 

445B.735, inclusive. 

 [Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 

11-15-94; 7-5-94) 

NAC 445B.185 “Start-up” defined. “Start-up” means the setting in operation of an 

affected facility for any purpose. 

 [Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision 

for NAC 445.627) 

NAC 445B.187 “Stationary source” defined. 

 1. “Stationary source” means all buildings, structures, facilities and installations, including 

temporary sources, which: 

 (a) Belong to the same major industrial groupings described in the Standard Industrial 

Classification Manual, as incorporated by reference in NAC 445B.221; 

 (b) Are located on one or more contiguous or adjacent properties; 

 (c) Are owned or operated by the same person or by persons under common control; and 

 (d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 

7671q, inclusive, or NAC 445B.001 to 445B.3497, inclusive. 

 2. Contracted operations that support the primary operations of the stationary source are part 

of the stationary source, except that temporary construction activities, including, without 

limitation, the construction of emission units, are not part of the stationary source. 

 3. The term does not include motor vehicles, special mobile equipment, nonroad engines 

and nonroad vehicles. 

 [Environmental Comm’n, Air Quality Reg. § 1.182, eff. 12-4-76]—(NAC A 3-29-94, eff. 

1-11-96; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001) 

NAC 445B.194 “Temporary source” defined. “Temporary source” means any building, 

structure, facility or installation which: 

 1. Emits or may emit any regulated air pollutant; 

 2. May be moved from one location to another; 

 3. Is located or operated in a location for a period of less than 12 months; and 

 4. Is not an affected source. 

 (Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R117-00, 6-1-2001) 

NAC 445B.196 “Toxic regulated air pollutant” defined. “Toxic regulated air 

pollutant” means a substance designated as such by the commission based upon the 

commission’s determination of the extent to which the substance presents a risk to the public 

health. 

 (Added to NAC by Environmental Comm’n, eff. 12-5-84; A 11-23-92; 10-29-93; 12-13-93; 

10-30-95) 

NAC 445B.198 “Uncombined water” defined. “Uncombined water” means visible mist 

or condensed water vapor. 

 [Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 

12-4-76; A and renumbered as § 1.200, 8-28-79]—(Substituted in revision for NAC 445.647) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-24
NAC 445B.200 “Violation” defined. “Violation” means a failure to comply with any of 

the provisions of NAC 445B.001 to 445B.3497, inclusive, any applicable requirement or any 

condition of an operating permit. 

 [Environmental Comm’n, Air Quality Reg. § 1.203, eff. 8-28-79]—(NAC A 10-22-87; 

12-13-93)—(Substituted in revision for NAC 445.649) 

NAC 445B.202 “Volatile organic compounds” defined. “Volatile organic compounds” 

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

NAC 445B.221. 

 [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11-7-75; renumbered as § 1.208, 

12-4-76; A and renumbered as § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—

(Substituted in revision for NAC 445.650) 

NAC 445B.205 “Waste” defined. “Waste” means useless, unneeded, or superfluous 

matter or discarded or excess material. 

 [Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 

12-4-76; A and renumbered as § 1.205, 8-28-79]—(Substituted in revision for NAC 445.651) 

NAC 445B.207 “Wet garbage” defined. “Wet garbage” means a combination of waste 

and garbage which contains more than 50 percent moisture. 

 [Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 

12-4-76; A and renumbered as § 1.207, 8-28-79]—(Substituted in revision for NAC 445.653) 

NAC 445B.209 “Year” defined. “Year” means any consecutive 365-day period. 

 (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for 

NAC 445.6535) 

NAC 445B.211 Abbreviations. The abbreviations used in NAC 445B.001 to 445B.3497, 

inclusive, have the following meanings: 

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

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

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

CO2.............................................................. carbon dioxide 

°F ................................................................. degree Fahrenheit 

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

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

lb.................................................................. pound 

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

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

O2................................................................. oxygen 

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

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

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

 [Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as 

§ 1.209, 8-28-79]—(NAC A 10-15-85; R105-97, 3-5-98; R040-01, 10-25-2001) 

General Provisions 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-25
 NAC 445B.22017 Visible emissions: Maximum opacity; determination. 

 1. Except as otherwise provided in this section and NAC 445B.2202 and 445B.22023, no 

owner or operator may cause or permit the discharge into the atmosphere from any emission unit 

which is of an opacity equal to or greater than 20 percent. Opacity must be determined by one of 

the following methods: 

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

Reference Method 9 in Appendix A of 40 C.F.R. Part 60. 

 (b) If a source uses a continuous monitoring system for the measurement of opacity, the data 

must be reduced to 6-minute averages as set forth in 40 C.F.R. § 60.13(h). 

 2. The provisions of this section and NAC 445B.2202 and 445B.22023 do not apply to that 

part of the opacity that consists of uncombined water. The burden of proof to establish the 

application of this exemption is upon the person seeking to come within the exemption. 

 3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the 

emission unit must be allowed one 6-minute period per hour of not more than 27 percent opacity 

as set forth in 40 C.F.R. § 60.42(a)(2) and 40 C.F.R. § 60.42a(b). 

 4. The continuous monitoring system for monitoring opacity at a facility must be operated 

and maintained by the owner or operator specified in the permit for the facility in accordance 

with NAC 445B.256 to 445B.267, inclusive. 

 [Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-

79]—(NAC A 9-19-90; 10-30-95; R118-00, 9-25-2000)—(Substituted in revision for NAC 

445B.354) 

NAC 445B.22017 [445.721] Visible emissions: Maximum opacity; determination. 

[Effective when conditions in note are fulfilled.]

 1. Except as otherwise provided in this section and NAC 445B.2202 , [and 445B.22023,] no 

owner or operator may cause or permit the discharge into the atmosphere from any emission unit 

which is of an opacity equal to or greater than 20 percent. Opacity must be determined by one of 

the following methods: 

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

Reference Method 9 in Appendix A of 40 C.F.R. Part 60. 

 (b) If a source uses a continuous monitoring system for the measurement of opacity, the data 

must be reduced to 6-minute averages as set forth in 40 C.F.R. § 60.13(h). 

 2. The provisions of this section and NAC 445B.2202 [and 445B.22023] do not apply to 

that part of the opacity that consists of uncombined water. The burden of proof to establish the 

application of this exemption is upon the person seeking to come within the exemption. 

 3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the 

emission unit must be allowed one 6-minute period per hour of not more than 27 percent opacity 

as set forth in 40 C.F.R. § 60.42(a)(2) and 40 C.F.R. § 60.42a(b). 

 4. The continuous monitoring system for monitoring opacity at a facility must be operated 

and maintained by the owner or operator specified in the permit for the facility in accordance 

with NAC 445B.256 to 445B.267, inclusive. 

NOTE. The following provision was adopted by the State Environmental Commission at its October 10, 2005 

Hearing. 

The changes marked above in NAC 445B.22017 become effective: 

 (a) On April 1, 2006; 

 (b) Upon the expiration of an extended deadline for complying with the emission limitations in the consent 

decree set forth in Grand Canyon Trust, Inc. v. Southern California Edison Co., No. CV-S-98-00305-LDG (RJJ) (D. 

Nev. filed Dec. 17, 1999) if the extended deadline is: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-26
 (1) Either provided pursuant to the consent decree or provided in a judicial amendment of the consent 

decree; and 

(2) Set for a date that is later than April 1, 2006; or 

 (c) Upon the date on which this regulation is filed by the Legislative Counsel with the 

Secretary of State, 

¬whichever occurs later. 

 NAC 445B.2202 Visible emissions: Exceptions for stationary sources. [Effective 

through February 28, 2006.] NAC 445B.22017 and 445B.22023 do not apply to: 

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

 2. Smoke discharged in the course of training air pollution control inspectors to observe 

visible emissions, if the facility has written approval of the Commission; 

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

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

minutes to achieve operating temperatures; 

 [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; 

A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-

80]—(NAC A by R065-03, 10-30-2003) 

 NAC 445B.2202 Visible emissions: Exceptions for stationary sources. [Effective March 

1, 2006.] NAC 445B.22017 and 445B.22023 do not apply to: 

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

 2. Smoke discharged in the course of training air pollution control inspectors to observe 

visible emissions, if the facility has written approval of the Commission; 

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

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

minutes to achieve operating temperatures. 

 [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; 

A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-

80]—(NAC A by R065-03, 10-30-2003; R198-03, 4-26-2004, eff. 3-1-2006) 

 NAC 445B.2202 [Article 4.3, 4.3.1, .2, .3 and .5] Visible emissions: Exceptions for 

stationary sources. [Effective when conditions in note are fulfilled.] The provisions of NAC 

445B.22017 [and 445B.22023] do not apply to: 

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

 2. Smoke discharged in the course of training air pollution control inspectors to observe 

visible emissions, if the facility has written approval of the Commission; 

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

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

minutes to achieve operating temperatures. 

 [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; 

A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-

80]—(NAC A by R065-03, 10-30-2003; R198-03, 4-26-2004, eff. 3-1-2006) 

NOTE. The following provision was adopted by the State Environmental Commission at its October 10, 2005 

Hearing. 

The changes marked above in NAC 445B.2202 become effective: 

 (a) On April 1, 2006; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-27
 (b) Upon the expiration of an extended deadline for complying with the emission limitations in the consent 

decree set forth in Grand Canyon Trust, Inc. v. Southern California Edison Co., No. CV-S-98-00305-LDG (RJJ) (D. 

Nev. filed Dec. 17, 1999) if the extended deadline is: 

 (1) Either provided pursuant to the consent decree or provided in a judicial amendment of the consent 

decree; and 

(2) Set for a date that is later than April 1, 2006; or 

 (c) Upon the date on which this regulation is filed by the Legislative Counsel with the 

Secretary of State, 

¬whichever occurs later. 

NAC 445B.22027 [445.729] Emissions of particulate matter: Maximum allowable 

throughput for calculating emissions rates. For purposes of NAC 445B.22027 to 

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

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

 [Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A 

10-22-87; 12-26-91; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.360) 

NAC 445B.2203 [445.731] Emissions of particulate matter: Fuel-burning equipment. 

 1. No person may cause or permit the emission of PM10 resulting from the combustion of 

fuel in fuel-burning equipment in excess of the quantity set forth in the following formulas: 

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

or equal to 10 million Btu’s per hour, the allowable emission is 0.6 of a pound per million Btu’s 

of input of heat. 

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

million Btu’s per hour, the allowable emissions must be calculated using the following equation: 

Y = 1.02X-0.231

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

emission must be calculated using the following equation: 

Y = 17.0X-0.568

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

 (a) “X” means the maximum operating rate in million Btu’s per hour. 

 (b) “Y” means the allowable rate of emission in pounds per million Btu’s. 

 [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 

11-7-75; renumbered as § 7.1.2, 12-15-77]—(NAC A 10-15-85; 9-19-90; 12-26-91; 10-30-95; 

R022-99, 9-27-99)—(Substituted in revision for NAC 445B.362) 

NAC 445B.22033 [445.732] Emissions of particulate matter: Sources not otherwise 

limited. 

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

445B.22037, inclusive, shall not cause or permit PM10 to be discharged from any emission unit 

into the atmosphere in excess of the allowable emission determined by the use of the formula 

contained in subsection 2 or 3. 

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

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

E = 4.10P0.67

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-28
 3. When the maximum allowable throughput equals or exceeds 30 tons per hour, the 

maximum allowable weight discharged per hour must be determined by using the following 

equation: 

E = 55P0.11 - 40 

 4. For the purposes of subsections 2 and 3: 

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

 (b) “P” means the maximum allowable throughput in tons per hour. 

 [Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A 10-19-83; 

10-15-85; 10-22-87; 9-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision 

for NAC 445B.363) 

NAC 445B.22037 [445.734] Emissions of particulate matter: Fugitive dust.

 1. No person may cause or permit the handling, transporting or storing of any material in a 

manner which allows or may allow controllable particulate matter to become airborne. 

 2. Except as otherwise provided in subsection 4, no person may cause or permit the 

construction, repair, demolition, or use of unpaved or untreated areas without first putting into 

effect an ongoing program using the best practical methods to prevent particulate matter from 

becoming airborne. As used in this subsection, “best practical methods” includes, but is not 

limited to, paving, chemical stabilization, watering, phased construction and revegetation. 

 3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or 

more of land or its topsoil until he has obtained an operating permit for surface area disturbance 

to clear, excavate, or level the land or to deposit any foreign material to fill or cover the land. 

 4. The provisions of subsections 2 and 3 do not apply to: 

 (a) Agricultural activities occurring on agricultural land; or 

 (b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which 

occur on land which is not less than 5 acres or more than 20 acres. 

 [Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 

11-7-75; A 12-15-77]—(NAC A 9-19-90; 12-26-91; 12-13-93; 10-30-95)—(Substituted in 

revision for NAC 445B.365) 

NAC 445B.2204 [445.742] “Sulfur emission” defined. For purposes of NAC 445B.2204 

to 445B.22063, inclusive, “sulfur emission” means the sulfur portion of the sulfur compounds 

emitted. 

 [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 

12-4-76; A and renumbered as § 8.2.2, 12-15-77]—(Substituted in revision for NAC 445B.370) 

NAC 445B.22043 [445.743] Sulfur emissions: Calculation of total feed sulfur. For the 

purposes of NAC 445B.2204 to 445B.2205, inclusive, total feed sulfur must be calculated as the 

aggregate sulfur content of all fuels and other feed materials whose products of combustion and 

gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinter 

boxes, roasters, converters, or other similar devices are used for converting ores, concentrates, 

residues, or slag to the metal or the oxide of the metal either wholly or in part, the combined 

sulfur input of all units must be used to determine the allowable emission. 

 [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(Substituted in revision for 

NAC 445B.371) 

NAC 445B.22047 [Article 8.2, 8.2.1, 8.2.1.1, 8.2.1.2] Sulfur emissions: Fuel-burning 

equipment. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-29
 1. No person may cause or permit the emission of compounds of sulfur caused by the 

combustion of fuel in fuel-burning equipment in excess of the quantity calculated by the use of 

the formula in subsection 2 or 3. 

 2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per 

hour, the allowable emission must be calculated by the use of the following equation: 

Y = 0.7X 

For the purposes of this subsection: 

 (a) “X” means the maximum operating input of heat in millions of Btu’s per hour. 

 (b) “Y” means the allowable rate of emission of sulfur in pounds per hour. 

 3. Where an emission unit has a maximum input of heat equal to or greater than 250 million 

Btu’s per hour, the allowable emission of sulfur must be calculated by the use of the following 

equations: 

Liquid fuel Y = 0.4X 

Solid fuel Y = 0.6X 

 L (0.4X) + S (0.6X)

Combination Fuel Y= 

 L + S

For the purposes of this subsection: 

 (a) “X” means the maximum input of the operation in millions of Btu’s per hour. 

 (b) “Y” means the allowable rate of emissions of sulfur in pounds per hour. 

 (c) “L” means the percentage of total input of heat derived from liquid fuel. 

 (d) “S” means the percentage of total input of heat derived from solid fuel. 

 [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and 

renumbered as § 8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A 

and renumbered as § 8.2.3, 12-4-76; renumbered as § 8.2.1.2, 12-15-77; § 8.2.2.3, eff. 

11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; 

R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373) 

NAC 445B.2205 [§§1-4: 445.746] Sulfur emissions: Other processes which emit 

sulfur. 

 1. No person may cause or permit the emission of sulfur compounds where the sulfur 

originates in the material being processed, excluding hydrogen sulfide and sulfur from all solid, 

liquid or gaseous fuel, in excess of the quantity determined by the following equation: 

E = 0.292P0.904

when “E” is equal to or greater than 10 pounds per hour. When “E” is less than 10 pounds per 

hour, the gas stream concentration must not exceed 1,000 ppm by volume. 

 2. For the purposes of subsection 1: 

 (a) “E” means the allowable sulfur emission in pounds per hour. 

 (b) “P” means the total feed sulfur, excluding hydrogen sulfide, in pounds per hour. 

 3. When sulfur emissions are due to sulfur contributions from both the fuel and the material 

being processed, the allowable emissions must be the sum of those allowed by this section and 

NAC 445B.22047. 

 4. Incinerators used solely for the control of odor by the combustion of noxious sulfur 

containing compounds are exempt from the provisions of NAC 445B.2204 to 445B.2205, 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-30
inclusive, and are governed by the provisions of NAC 445B.22027 to 445B.22037, inclusive, and

445B.287 to 445B.3497, inclusive.

 [Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75]—(NAC A 9-5-84; 

9-19-90; 12-26-91; 12-13-93; 10-30-95; 5-3-96; R105-97, 3-5-98)—(Substituted in revision for 

NAC 445B.374) 

NAC 445B.22067 [Article 5.1-5.3] Open burning.

 1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage 

operations, except as specifically exempted, is prohibited. 

 2. Open burning: 

 (a) For the purpose of weed abatement, conservation, disease control, game or forest 

management, personnel training or elimination of hazards is allowed if: 

 (1) Approved in advance by the Director; or 

 (2) Authorized by an officer of the State of Nevada or its political subdivisions and 

concurred in by the Director. 

 (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if 

approved in advance by the Director. 

 (c) Is allowed for agricultural purposes and management except where prohibited by local 

ordinances or regulations. 

 (d) Is allowed at single-family residences located in all areas of the State except in and within 

1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, 

Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia 

City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and 

in those portions of Lyon county that are within 1 mile of the Carson City line. 

 (e) Is allowed at single-family residences located in and within 1 mile of the boundaries of 

Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, 

Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, 

Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of 

Lyon County that are within 1 mile of the Carson City line if: 

 (1) Authorized by an officer of the State of Nevada or its political subdivisions; 

 (2) Concurred in by the Director; and 

 (3) Not specifically prohibited by local ordinances or regulations. 

 (f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or 

cooking purposes. 

 3. All open burning must be attended and controlled at all times to eliminate fire hazards. 

 [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75; A 5-8-77]—(NAC A by 

R237-03, 4-15-2004) 

NAC 445B.2207 [445.754] Incinerator burning.

 1. Except as otherwise provided in subsection 6: 

 (a) Burning in any incinerator other than the multiple chamber type is prohibited. 

 (b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible 

emission which is of an opacity equal to or greater than 20 percent is prohibited. 

 2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture 

content material must be high temperature types with either grate or solid hearth construction, 

drying shelves for wet wastes and an auxiliary heating unit to ensure temperatures of 1400°F 

(760°C) for not less than 0.3 of a second. The hearth must be frequently cleaned at regular 

intervals to prevent buildup of residues and deposits. 

 3. The rated burning capacity, operating and maintenance procedures approved by the 

director must be posted conspicuously at or near the incinerator. 

 4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning 

capacity may not exceed 1.8 lb/ton of dry refuse charged. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-31
 5. Allowable PM10 emissions from incinerators equal to or greater than 2,000 lb per hour 

burning capacity must be calculated using the following equation: 

E = 0.6 (40.7 x 10-5C) 

For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM10

in pounds per hour and “C” means the rate of charge of dry refuse in pounds per hour. 

 6. Single chamber incinerators may be used at single-family residences, in all areas of the 

state, except in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, 

Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, 

McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside 

the limits of Carson City and in those portions of Lyon County that are within 1 mile of the 

Carson City line, unless otherwise prohibited by local ordinances or regulations. 

[Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-

31-77; §§ 6.4-6.6.2, eff. 11-7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004) 

 NAC 445B.22083 [Approved by EPA as SIP revision 9-27-04] Construction, major 

modification or relocation of plants to generate electricity using steam produced by 

burning of fossil fuels. 

 1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major 

modification to an existing plant or construct a new plant to generate electricity using steam 

produced by the burning of fossil fuels within: 

 (a) The Las Vegas Valley, Hydrographic Area 212; 

 (b) The El Dorado Valley, Hydrographic Area 167; 

 (c) The Ivanpah Valley, Hydrographic Areas 164 a and 164 b; or 

 (d) The city limits of Boulder City. 

 2. Fossil fuel-fired power generating units Numbers 1, 2 and 3 at Clark Station and fossil 

fuel-fired power generating unit Number 1 at Sunrise Station may be relocated to the Ivanpah 

Valley and must comply with the provisions of NAC 445B.001 to 445B.3497,inclusive, and 

sections 2 to 5, inclusive, of this regulation. 

 3. If an emission unit is relocated to Ivanpah Valley: 

 (a) The previously used emission unit must be deactivated and removed from the previous 

site when the relocated unit begins operation. 

 (b) Any credit for reduced emission is not available as an offset credit. 

 4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. 

§ 51.165, as adopted by reference in NAC 445B.221. 

 (Added to NAC by Environmental Comm’n, eff. 9-4-92; A 3-29-94)—(Substituted in revision 

for NAC 445B.389) 

NAC 445B.2209 [445.845] Reduction of animal matter.

 1. The operation of any machine, equipment or other contrivance for the reduction of animal 

matter is prohibited unless all gases, vapors and gas-entrained effluents are: 

 (a) Incinerated at temperatures of not less than 1400°F (760°C) for not less than 0.3 second; 

 2. This section does not apply to any machine, equipment or other contrivance used 

exclusively for the processing of food for human consumption. 

 [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in 

revision for NAC 445B.394) 

NAC 445B.22093 [§§1, 3, 4: 445.846; §2: Article 9.2.1, 9.2.1.1, 9.2.1.2] Organic solvents 

and other volatile compounds.

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-32
 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers 

and manure must be processed, stored, used and transported in such a manner and by such means 

as to minimize the tendency to evaporate, leak, escape or be otherwise discharged into the 

ambient air causing or contributing to air pollution. If methods of control are available and 

feasible effectively to reduce the contribution to air pollution from evaporation, leakage or 

discharge, as determined by the director, the installation and use of such methods, devices or 

equipment for control is mandatory. 

 2. No person may place, store or hold in any new reservoir, stationary tank or other 

container with a capacity equal to or greater than 40,000 gallons (150 kiloliters) any gasoline, 

petroleum distillate, or volatile organic compound having a vapor pressure of 1.5 lb/square inch 

absolute (1,055 kg/square meter) or greater under actual storage conditions unless the tank, 

reservoir or other container is a pressure tank maintaining working pressure sufficient at all times 

to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following 

devices properly installed, in good working order, and in operation: 

 (a) A floating roof which consists of a pontoon type or double-deck roof which rests on the 

surface of the liquid contents and is equipped with a seal to close the space between the roof eave 

and tank wall or a vapor balloon or a vapor dome designed in accordance with accepted 

standards of the petroleum industry. This control equipment is not permitted if the gasoline or 

petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) or 

greater under actual conditions. All gauging and sampling devices for tanks must be gastight 

except when gauging or sampling is taking place. 

 (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and 

vapors to the atmosphere. 

 3. Any tank for the storage of any other petroleum or volatile organic compound which is 

constructed or extensively remodeled on or after November 7, 1975, must be equipped with a 

submerged fill pipe for the control of emissions. 

 4. All facilities for dock loading of products consisting of petroleum or other volatile 

organic compounds having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square 

meter) or greater at loading pressure must have facilities for submerged filling by a submerged 

fill pipe for the control of emissions. 

 [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC A 10-19-83)—

(Substituted in revision for NAC 445B.395) 

NAC 445B.22097 [445.843] Standards of quality for ambient air. 

 1. The table contained in this section lists the minimum standards of quality for ambient air. 

NEVADA STANDARDSA NATIONAL STANDARDSB

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

Ozone 1 hour 0.12 ppm 

(235 μg/m3

) 

Ultraviolet absorption 0.12 ppm 

(235 μg/m3) 

Same as primary Chemiluminescence 

Ozone-Lake Tahoe 

Basin, #90 1 hour 0.10 ppm 

(195 μg/m3) 

Ultraviolet absorption -- -- -- 

Carbon monoxide 

less than 5,000′

above mean sea level 9 ppm 

(10,500 μg/m3) 

At or greater 

than 5,000′ above 

mean sea level 

8 hours 6 ppm 

(7,000 μg/m3) 

9 ppm 

(10 mg/m3

) 

Carbon monoxide at 

any elevation 1 hour 35 ppm 

(40,500 μg/m3) 

Nondispersive 

infrared photometry 

35 ppm 

(40 mg/m3) 

None Nondispersive 

infrared photometry 

Nitrogen dioxide Annual arithmetic 

mean 

0.053 ppm 

(100 μg/m3) 

Gas phase 

chemiluminescence 

0.053 ppm 

(100 μg/m3) 

Same as primary Gas phase 

chemiluminescence 

Annual arithmetic 

mean 

0.030 ppm 

(80 μg/m3) 

0.030 ppm 

24 hours 0.14 ppm 

(365 μg/m3) 

0.14 ppm None 

Sulfur dioxide 

3 hours 0.5 ppm 

(1,300 μg/m3) 

Ultraviolet 

fluorescence None 0.5 ppm 

Spectrophotometry 

(Pararosaniline 

method) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-33
NEVADA STANDARDSA NATIONAL STANDARDSB

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

Annual arithmetic 

mean 

50 μg/m3 50 μg/m3 Particulate matter 

as PM10

24 hours 150 μg/m3

High volume PM10

sampling 

150 μg/m3

Same as primary 

High volume 

PM10 sampling 

Lead (Pb) Quarterly arithmetic 

mean 

1.5 μg/m3

High volume 

sampling, acid 

extraction and atomic 

absorption 

spectrometry 

1.5 μg/m3 Same as primary 

High volume 

sampling, acid 

extraction and 

atomic absorption 

spectrometry 

Hydrogen sulfide 1 hour 0.08 ppm 

(112 μg/m3)

G Ultraviolet 

fluorescence -- -- -- 

Notes: 

Note A: The Director shall use the Nevada standards in considering whether to issue a permit for 

a stationary source and shall ensure that the stationary source will not cause the Nevada 

standards to be exceeded in areas where the general public has access. 

Note B: These standards, other than for ozone, particulate matter, and those based on annual 

averages, must not be exceeded more than once per year. The 1-hour ozone standard is attained 

when the expected number of days per calendar year with a maximum hourly average 

concentration above the standard is equal to or less than one. The PM10 24-hour standard is 

attained when the expected number of days per calendar year with a 24-hour average 

concentration above the standard, rounded to the nearest 10 μg/m3

, is equal to or less than one. 

The expected number of days per calendar year is generally based on an average of the number 

of times the standard has been exceeded per year for the last 3 years. The National standards are 

to be used in determinations of attainment or nonattainment.

Note C: Where applicable, concentration is expressed first in units in which it was adopted. All 

measurements of air quality that are expressed as mass per unit volume, such as micrograms per 

cubic meter, must be corrected to a reference temperature of 25°C and a reference pressure of 

760 mm of Hg (1,013.2 millibars); “ppm” in this table refers to parts per million by volume, or 

micromoles of regulated air pollutant per mole of gas; “μg/m3” refers to micrograms per cubic 

meter. 

Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference 

method or equivalent method designated in accordance with 40 C.F.R. Part 53 may be 

substituted. 

Note E: National primary standards are the levels of air quality necessary, with an adequate 

margin of safety, to protect the public health. 

Note F: National secondary standards are the levels of air quality necessary to protect the public 

welfare from any known or anticipated adverse effects of a regulated air pollutant. 

Note G: The ambient air quality standard for hydrogen sulfide does not include naturally 

occurring background concentrations. 

 2. These standards of quality for ambient air are minimum goals, and it is the intent of the 

commission in this section to protect the existing quality of Nevada’s air to the extent that it is 

economically and technically feasible. 

 [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as 

§ 12.1, 12-4-76; A 12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-

79]—(NAC A 10-19-83; 9-5-84; 12-26-91; 10-30-95; R103-02, 12-17-2002; R198-03, 4-26-

2004) 

NAC 445B.227 [445.664] Prohibited conduct: Operation of source without required 

equipment; removal or modification of required equipment; modification of required 

procedure. Except as otherwise provided in NAC 445B.001 to 445B.3497, inclusive, no 

person may: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-34
 1. Operate a stationary source of air pollution unless the control equipment for air pollution 

which is required by applicable requirements or conditions of the permit is installed and 

operating. 

 2. Disconnect, alter, modify or remove any of the control equipment for air pollution or 

modify any procedure required by an applicable requirement or condition of the permit. 

 [Environmental Comm’n, Air Quality Reg. § 2.2.2, eff. 12-15-77]—(NAC A 10-14-82; 

10-15-85; 8-22-86; 10-22-87; 3-29-94, eff. 1-11-96; 10-30-95) 

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

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

more per year of a regulated air pollutant from a stationary source shall prepare and submit to the 

director a plan for reducing or eliminating that emission in accordance with the episode stages of 

alert, warning, and emergency as defined in the air quality plan for the State of Nevada. 

 2. Any person required to have an operating permit who is able to cause or permit the 

emission of less than 100 tons (90.7 metric tons) per year of a regulated air pollutant shall, upon 

written notice from the director, prepare and submit to the director a plan for reducing or 

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

as defined in the air quality plan for the State of Nevada. 

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

subsection 4 to all persons who are within the same classification of sources as defined in the 

Standard Industrial Classification Manual, 1987, and who are able to cause or permit the 

emission of less than 100 tons (90.7 metric tons) per year of a regulated air pollutant. 

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

addressed or if sent by registered or certified mail to the last known address of the person.

 [Environmental Comm’n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75]—(NAC A 10-30-95) 

NAC 445B.250 [Article 2.16.1, 2.16.1.1-.5] Notification of planned construction or 

reconstruction. Any owner or operator subject to the provisions of NAC 445B.001 to 

445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, shall furnish the Director 

written notification of: 

 1. The date that construction or reconstruction of an affected facility is commenced, 

postmarked no later than 30 days after such date. This requirement does not apply in the case of 

mass-produced facilities which are purchased in completed form. 

 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60 

days and not less than 30 days before such date. 

 3. The actual date of initial start-up of an affected facility, postmarked within 15 days after 

such date. 

 4. The date upon which demonstration of the continuous monitoring system performance 

commences in accordance with NAC 445B.256 to 445B.267, inclusive. Notification must be 

postmarked not less than 30 days before such date. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76]—(NAC R 12-13-

93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98) 

NAC 445B.252 [445.682] Testing and sampling.

 1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the 

approval or the continuance of an operating permit or similar class of permits, the director may 

either conduct or order the owner of any stationary source to conduct or have conducted such 

testing and sampling as the director determines necessary. Testing and sampling or either of 

them must be conducted and the results submitted to the director within 60 days after achieving 

the maximum rate of production at which the affected facility will be operated, but not later than 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-35
180 days after initial start-up of the facility and at such other times as may be required by the 

director. 

 2. Tests of performance must be conducted and data reduced in accordance with the 

methods and procedures of the test contained in each applicable subsection of this section unless 

the director: 

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

changes in methodology; or 

 (d) Waives the requirement for tests of performance because the owner or operator of a 

stationary source has demonstrated by other means to the director’s satisfaction that the affected 

facility is in compliance with the standard. 

 3. Tests of performance must be conducted under such conditions as the director specifies to 

the operator of the plant based on representative performance of the affected facility. The owner 

or operator shall make available to the director such records as may be necessary to determine 

the conditions of the test of performance. Operations during periods of start-up, shutdown and 

malfunction must not constitute representative conditions of a test of performance unless 

otherwise specified in the applicable standard. 

 4. The owner or operator of an affected facility shall give notice to the director 30 days 

before the test of performance to allow the director to have an observer present. A written testing 

procedure for the test of performance must be submitted to the director at least 30 days before 

the test of performance to allow the director to review the proposed testing procedures. 

 5. Each test of performance must consist of at least three separate runs using the applicable 

method for that test. Each run must be conducted for the time and under the conditions specified 

in the applicable standard. For the purpose of determining compliance with an applicable 

standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, 

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

other circumstances with less than three valid samples being obtained, compliance may be 

determined using the arithmetic mean of the results of the other two runs upon the director’s 

approval. 

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

electric power and other pertinent allied facilities as may be required and specified in writing by 

the director must be provided and paid for by the owner of the stationary source. 

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

truth and accuracy and as to their compliance with all provisions of these regulations, and copies 

of these results must be provided to the director no later than 60 days after the testing or 

sampling, or both. 

 9. Notwithstanding the provisions of subsection 2, the Director shall not approve an 

equivalent method or alternative method to determine compliance with a standard or emission 

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: 

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

Title 40 of the Code of Federal Regulations; or 

 (b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.6.1-2.6.4, eff. 11-7-65; A 12-4-76; §§ 2.6.5-

2.6.9, eff. 12-4-76]—(NAC A 10-15-85; 10-22-87; 10-30-95; R065-03, 10-30-2003) 

NAC 445B.256 [Article2.17.10, 2.17.10.1] Monitoring systems: Calibration, operation 

and maintenance of equipment. The owners or operators of all stationary sources identified 

in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to install, 

calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring 

the pollutants specified in Appendix P for the applicable source category. Those stationary 

sources must meet the basic requirements of Appendix P of 40 C.F.R. § 51(2.0 et seq.). 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 

10-30-95) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-36
NAC 445B.257 [Article 2.17.6, 2.17.7] Monitoring systems: Location.

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

representative measurements of emissions or process parameters from the affected facility are 

obtained. Additional procedures for location of continuous monitoring systems are contained in 

the applicable Performance Specifications of Appendix B of 40 C.F.R. § 60. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in 

revision for NAC 445.684) 

NAC 445B.258 [445.685] Monitoring systems: Verification of operational status.

 2. All continuous monitoring systems and monitoring devices must be installed and 

operational prior to conducting performance tests under NAC 445B.252. Verification of 

operational status must, as a minimum, consist of the following: 

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

completion of the conditioning period specified by applicable requirements in Appendix B of 

40 C.F.R. § 60. 

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

of operation. 

 (c) For monitoring devices referred to in NAC 445B.256 to 445B.267, inclusive, completion 

of the manufacturer’s written requirements or recommendations for checking the operation or 

calibration of the device. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(Substituted in 

revision for NAC 445.685) 

NAC 445B.259 [445.686] Monitoring systems: Performance evaluations.

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

and at such other times as may be required by the director under § 114 of the Act, the owner or 

operator of any affected facility shall conduct continuous evaluations of the performance of 

monitoring systems and furnish the director within 60 days thereof two or upon request more 

copies of a written report of the results of such tests. These evaluations must be conducted in 

accordance with the specifications and procedures provided in this section and NAC 445B.260. 

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

subsection must be evaluated in accordance with the requirements and procedures contained in 

the applicable performance specification of Appendix B of 40 C.F.R. § 60. Continuous 

monitoring systems for measuring: 

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

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

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

 (d) The oxygen content of carbon dioxide content of effluent gases must comply with 

Performance Specification 3. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(Substituted 

in revision for NAC 445.686) 

NAC 445B.260 [445.687] Monitoring systems: Components contracted for before 

September 11, 1974.

 1. Except as provided in subsection 2, an owner or operator who, prior to September 11, 

1974, entered into a binding contractual obligation to purchase specific continuous monitoring 

system components shall comply with the following requirements: 

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

measuring emission levels within ±20 percent with a confidence level of 95 percent. The 

Calibration Error Test and associated calculation procedures set forth in Performance 

Specification 1 in Appendix B of 40 C.F.R. § 60 must be used for demonstrating compliance 

with this specification. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-37
 (b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide 

must be capable of measuring emission levels within ±20 percent with a confidence level of 95 

percent. The Calibration Error Test, the Field Test for Accuracy (Relative), and associated 

operating and calculation procedures set forth in Performance Specification 2 in Appendix B of 

40 C.F.R. § 60 must be used for demonstrating compliance with this specification. 

 2. Owners or operators of all continuous monitoring systems installed on an affected facility 

prior to October 6, 1975, are not required to conduct tests under paragraphs (a) and (b) of 

subsection 1 unless requested by the director. 

 3. All continuous monitoring systems referred to in subsection 1 must be upgraded or 

replaced, if necessary, with new continuous monitoring systems, and such improved systems 

must be demonstrated to comply with applicable performance specifications under NAC 

445B.259 by September 11, 1979. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 

12-4-77]—(Substituted in revision for NAC 445.687) 

NAC 445B.261 [445.688] Monitoring systems: Adjustments. Owners or operators of all 

continuous monitoring systems installed in accordance with the provisions of NAC 445B.256 to 

445B.267, inclusive, shall check the zero and span drift at least once daily in accordance with the 

method prescribed by the manufacturer of the systems unless the manufacturer recommends 

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

and span must, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration 

drift limits of the applicable performance specifications in Appendix B of 40 C.F.R. § 60 are 

exceeded. 

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77]—

(Substituted in revision for NAC 445.688) 

NAC 445B.262 [445.689] Monitoring systems: Measurement of opacity. 

 1. For continuous 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 4 percent opacity. Unless 

otherwise approved by the director, the following procedures, as applicable, must be followed: 

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

must include introducing applicable zero and span gas mixtures into the measurement system as 

near the probe as is practical. Span and zero gases certified by their manufacturer to be traceable 

to National Institute of Standards and Technology reference gases must be used whenever these 

reference gases are available. The span and zero gas mixtures must be the same composition as 

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

span and zero gases must be reanalyzed by conducting triplicate analyses with Reference 

Methods 6 for 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 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. 

 (c) For continuous monitoring systems measuring opacity of emissions, minimum procedures 

include a method for producing a simulated zero opacity condition and an upscale (span) opacity 

condition using a certified neutral density filter or other related technique to produce a known 

obscuration of the light beam. These procedures must provide a system check of the analyzer 

internal optical surfaces and all electronic circuitry including the lamp and photodetector 

assembly. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-38
 2. Notwithstanding the provisions of subsection 1, the Director shall not approve an 

equivalent method or alternative method to determine compliance with a standard or emission 

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: 

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

Title 40 of the Code of Federal Regulations; or 

 (b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1, eff. 12-4-

76; A 12-15-77; §§ 2.17.4.2 & 2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003) 

NAC 445B.263 [455.690] Monitoring systems: Frequency of operation. Except for 

system breakdowns, repairs, calibration checks, and zero and span adjustments required by NAC 

445B.261, all continuous monitoring systems must be in continuous operation and meet 

minimum frequency of operation requirements as follows: 

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

measuring opacity of emissions must complete a minimum of one cycle of operation (sampling, 

analyzing and data recording) for each successive 10-second period. 

 2. All continuous monitoring systems referred to in NAC 445B.259 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. 

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

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

successive 1-hour period. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76]—(Substituted in 

revision for NAC 445.690) 

NAC 445B.264 [455.691] Monitoring systems: Recordation of data. 1. Owners 

or operators of all continuous monitoring systems for the measurement of opacity shall reduce all 

data to 6-minute averages and for systems other than opacity to 1-hour averages. 

 2. For systems other than opacity, 1-hour averages must be computed from four or more 

data points equally spaced over each 1-hour period. 

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

and span adjustments must not be included in the data averages computed under this section. An 

arithmetic or integrated average of all calibrated data must be used. The data output of all 

continuous monitoring systems may be recorded in reduced or nonreduced form, e.g., ppm 

pollutant and percent O or lb/million Btu of pollutant. 2

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

conversion procedures specified in NAC 445B.001 to 445B.3497, inclusive. After conversion 

into units of the standard, the data may be rounded to the same number of significant digits used 

in those sections to specify the applicable standard, e.g., rounded to the nearest 1 percent opacity. 

 5. As used in this section, “calibrated data” means data which is precise and accurate within 

a stated acceptance criteria for the instrument. 

 [Environmental Comm’n, Air Quality Reg. § 2.17.8, eff. 12-4-76]—(NAC A 10-22-87; 

R118-00, 9-25-2000) 

NAC 445B.265 [455.692] Monitoring systems: Records; reports.

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

inclusive, shall maintain records of the occurrence and duration of any start-up, shutdown or 

malfunction in the operation of an affected facility and any malfunction of the air pollution 

control equipment or any periods during which a continuous monitoring system or monitoring 

device is inoperative. 

 2. Each owner or operator required to install a continuous monitoring system shall submit a 

written report of excess emissions to the director for every calendar quarter. All quarterly reports 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-39
must be postmarked by the 30th day following the end of each calendar quarter and must include 

the following information: 

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

445B.267, inclusive, any conversion factors used, and the date and time of commencement and 

completion of each time period of excess emissions. 

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

shutdowns and malfunctions of the affected facility. 

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

preventative measures adopted. 

 (d) Specific identification of each period during which the continuous monitoring system was 

inoperative, except for zero and span checks, and the nature of any repairs or adjustments that 

were made. 

¬When no excess emissions have occurred and the continuous monitoring system has not been 

inoperative, repaired or adjusted, such information must be included in the report. 

 3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, 

inclusive, shall maintain a file of all measurements, including: 

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

measurements; 

 (b) All continuous monitoring system performance evaluations; 

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

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

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

permanent form suitable for inspection. 

¬The file must be retained for at least 2 years following the date of the measurements, 

maintenance, reports and records. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 

7-2-84)—(Substituted in revision for NAC 445.692) 

NAC 445B.267 [455.693] Alternative monitoring procedures or requirements. 

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

any monitoring procedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, 

but not limited to, the following: 

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

or monitoring device specified by those sections would not provide accurate measurements due 

to liquid water or other interferences caused by substances with the effluent gases. 

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

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

require additional measurements to correct for stack moisture conditions. 

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

when the owner or operator can demonstrate that installation at alternate locations will enable 

accurate and representative measurements. 

 (e) Alternative methods of converting regulated air pollutant concentration measurements to 

units of the standards. 

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

involve use of span gases or test cells. 

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

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

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

requirements in Performance Specification 1, Appendix B of 40 C.F.R. Part 60, but adequately 

demonstrate a definite and consistent relationship between their measurements and the 

measurements of opacity by a system complying with the requirements in Performance 

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

facility. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-40
 (i) 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. 

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

equivalent method or alternative method to determine compliance with a standard or emission 

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: 

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

Title 40 of the Code of Federal Regulations; or 

 (b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.9-2.17.9.7, eff. 12-4-76; § 2.17.9.8, eff. 

12-4-76; A 12-15-77]—(NAC A 10-30-95; R065-03, 10-30-2003)

Operating Permits Generally 

NAC 445B.287 [455.704] Operating permits: General requirements; exception; 

restrictions on transfers. 

 1. Except as otherwise provided in subsection 2 and in NAC 445B.288, an operating permit, 

operating permit to construct or permit to construct is required for each stationary source and: 

 (a) If a stationary source is a Class I source: 

 (1) A revision of the operating permit or the permit to construct is required pursuant to the 

requirements of NAC 445B.3425, 445B.344 or 445B.3441 before the stationary source may be 

modified; or 

 (2) A revision of the operating permit to construct is required pursuant to the requirements 

of paragraph (a) of subsection 1 of NAC 445B.3361 before the stationary source may be 

modified, 

¬as appropriate. 

 (b) If a stationary source is a Class II source, a revision of the operating permit or the permit 

to construct is required pursuant to the requirements of NAC 445B.3465 before the stationary 

source may be modified. 

 (c) If a stationary source is a Class III source, a revision of the operating permit is required 

pursuant to the requirements of NAC 445B.3493 before the stationary source may be modified. 

 3. An operating permit, operating permit to construct or permit to construct may not be 

transferred from one owner or piece of equipment to another. An owner or operator may 

apply for an administrative amendment reflecting a change of ownership or the name of the 

stationary source for the effective time remaining on the original operating permit pursuant to 

NAC 445B.319. 

 4. For the purposes of this section, “permit to construct” means a document issued and 

signed by the director before November 1, 1995, certifying that: 

 (a) Adequate empirical data for a stationary source has been received and constitutes 

approval of location; or 

 (b) All portions of NAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other 

provisions of NAC 445B.001 to 445B.3497, inclusive, have been complied with and constitute 

approval of location and for construction. 

 [Environmental Comm’n, Air Quality Reg. §§ 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; § 3.1.9, 

eff. 11-7-75; A 12-4-76]—(NAC A 7-29-82; 10-22-87; 12-15-88; 12-13-93; 10-30-95; R105-97, 

3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001; R103-02, 12-17-2002) 

NAC 445B.288 [455.705, .731] Operating permits: Exemptions from requirements; 

insignificant activities. 

 1. The following categories of sources are not required to obtain an operating permit: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-41
 (a) A source that would otherwise be required to obtain an operating permit solely because it 

is subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential 

Wood Heaters. 

 (b) A source that would otherwise be required to obtain an operating permit solely because it 

is subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, section 

61.145. 

 (c) Agricultural equipment used in the normal operation of a farm, other than agricultural 

equipment which is classified as, or located at, a source for which a permit is required under 

Title V of the Act or which is subject to any standard set forth in 40 C.F.R. Part 60 or 61. 

 2. The following emission units are considered to be insignificant activities unless the 

emission unit is otherwise subject to another specific applicable requirement, including, without 

limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63: 

 (a) Any equipment or other contrivance used exclusively for the processing of food for 

human consumption. 

 (b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour. 

 (c) An emission unit that has a maximum allowable throughput or batch load rate of less than 

50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a 

hazardous air pollutant. 

 (d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, 

that has a capacity of less than 40,000 gallons. 

 (e) Except as otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or 

fuel-burning equipment that, individually, has a rating which is: 

 (1) Less than 4,000,000 Btu’s per hour; or 

 (2) Equal to or greater than 4,000,000 Btu’s per hour if the equipment operates less than 

100 hours per calendar year. 

 (f) A portable internal combustion engine that has a rating for output which is: 

 (1) Less than 500 horsepower; or 

 (2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per 

calendar year. 

 (g) A stationary internal combustion engine that has a rating for output which is: 

 (1) Less than 250 horsepower; or 

 (2) Equal to or greater than 250 horsepower if the engine operates less than 100 hours per 

calendar year. 

 (h) An emergency generator. Except as otherwise provided in this paragraph, an emergency 

generator qualifies as an insignificant activity pursuant to this paragraph only if the emergency 

generator is an internal combustion engine that is used to generate electrical power to maintain 

essential operations during unplanned electrical power outages. An emergency generator that is 

owned or operated by a Class II source and whose potential to emit is calculated on the basis of 

less than 500 hours of operation does not qualify as an insignificant activity. 

 3. If an emission unit is considered an insignificant activity and is subject to a limitation on 

its hours of operation pursuant to subsection 2, the owner or operator of the emission unit shall 

maintain an operating log of the hours of operation of the emission unit. The operating log must 

be maintained at the site of the emission unit and made available to the director upon his request. 

The owner or operator shall retain the operating log for not less than 5 years. 

 4. The director may, upon written request and a satisfactory demonstration by an applicant, 

approve an emission unit as an insignificant activity if the emission unit is not otherwise subject 

to another specific applicable requirement, including, without limitation, any requirement or 

standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity, an 

emission unit must meet the following criteria: 

 (a) The operation of the emission unit, not considering controls or limits on production, type 

of materials processed, combusted or stored, or hours of operation, will not result in: 

 (1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds 

per year, as appropriate; 

 (2) Emissions of regulated air pollutants that exceed 4,000 pounds per year; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-42
 (3) Emissions of regulated air pollutants that exceed any other limitation on emissions 

pursuant to any other applicable requirement; or 

 (4) Emissions of regulated air pollutants that adversely impact public health or safety, or 

exceed any ambient air quality standards; and 

 (b) The emissions from the emission unit are not relied on to avoid any other applicable 

requirements. 

¬If there are multiple emission units, the director may, after considering the impact of the 

combined emissions of multiple emission units, determine whether to approve one or more of the 

specific emission units as an insignificant activity. 

 5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities, 

as determined pursuant to this section, must be included in any determination of whether a 

stationary source is a major source. 

 6. A stationary source is not required to obtain an operating permit pursuant to NAC 

445B.001 to 445B.3497, inclusive, for any emission unit determined to be an insignificant 

activity in accordance with this section, as long as the stationary source is not otherwise subject 

to any other requirement to obtain an operating permit under Title V of the Act. Such an 

exclusion from the requirements relating to permitting is not an exclusion or exemption from any 

other requirement set forth in NAC 445B.001 to 445B.3497, inclusive, relating to the operation 

of the emission unit determined to be an insignificant activity. 

 7. A stationary source which consists solely of insignificant activities as determined 

pursuant to this section and which is not otherwise subject to any other requirement to obtain an 

operating permit under Title V of the Act is not required to obtain an operating permit to operate 

as a stationary source. Such an exclusion from the requirements relating to permitting is not an 

exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3497, 

inclusive, relating to the operation of the stationary source or any insignificant activity that is a 

part of the stationary source. 

 [Environmental Comm’n, Air Quality Reg. § 3.1.8, eff. 11-7-75]—(NAC A 10-22-87; 

12-8-89; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R117-00, 

6-1-2001) 

NAC 445B.295 Application: General requirements. Except as otherwise provided in 

NAC 445B.33633, 445B.33635 and 445B.33637, an application for an operating permit must 

include: 

 1. Information to identify the applicant, including the name and address of the company or 

the name and address of the plant if different from that of the company, the name of the owner of 

the company and his agent, and the name and telephone number of the manager of the plant or 

another appropriate person to contact; 

 2. A description of the stationary source’s processes and products by Standard Industrial 

Classification Code, including any processes and products associated with an alternative 

operating scenario identified by the owner or operator; 

 3. A description of the fuels, fuel use and raw materials to be used and the rates of 

production and operating schedules for each emission unit which is a part of the stationary 

source; 

 4. An identification and a description of any equipment for the control of air pollution and 

any devices or activities for monitoring compliance with emission limitations; 

 5. Limitations on the operation of the stationary source or any standards for work practices 

which affect emissions for all regulated air pollutants at the stationary source; 

 6. An explanation of any proposed exemption from any applicable requirement; 

 7. The location of any records that the applicant must keep pursuant to the requirements of 

the operating permit, if the records are kept at a location other than the emitting facility; and 

 8. Other specific information that the director determines is necessary to carry out, enforce 

and determine the applicability of all legal requirements. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-43
 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

5-3-96; A by R117-00, 6-1-2001; R103-02, 12-17-2002) 

NAC 445B.297 Application: Submission of application and supplementary or 

corrected information.

 1. An applicant for an operating permit must: 

 (a) Submit an application to the director on the appropriate form provided by the director. A 

responsible official of the stationary source must certify that, based on information and belief 

formed after a reasonable inquiry, the statements in the application for the operating permit are 

true, accurate and complete. 

 (b) Submit supplementary facts or corrected information upon discovery. 

 (c) Provide any additional information that the director requests in writing within the time 

specified in the director’s request. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

 NAC 445B.298 [445.706] Application: Official date of submittal. Except as otherwise 

provided in NAC 445B.3364, 445B.3395, 445B.3457 or 3487,the official date of submittal of an 

application for:

 1. An operating permit;

 2. An operating permit to construct;

 3. A revision of an existing operating permit; or

 4. A revision of an existing operating permit to construct,

¬is the date on which the Director determines that the application is complete. 

 [Environmental Comm’n, Air Quality Reg. §§ 3.1.4 & 3.1.7, eff. 11-7-75]—(NAC A 10-22-

87; 9-19-90; 12-13-93; R105-97, 3-5-98; R198-03, 4-26-2004) 

 NAC 445B.305 Operating permits: Imposition of more stringent standards for 

emissions. The director may impose standards for emissions on a proposed stationary source 

that are more stringent than those found in NAC 445B.001 to 445B.3497, inclusive, as a 

condition of approving an operating permit for the proposed stationary source. 

 (Added to NAC by Environmental Comm’n, eff. 9-19-90; A 12-13-93, eff. 11-15-94; 

10-30-95) 

NAC 445B.308 [Article 13.1.1, 13.1.3-.7] Prerequisites and conditions for issuance of 

operating permits: Environmental evaluation; compliance with control strategy; exemption 

from environmental evaluation. 

 1. In any area designated as attainment or unclassifiable for a regulated air pollutant, before 

an operating permit or a revision of an operating permit may be issued: 

 (a) For a new or modified stationary source; 

 (b) For a pollution control project; 

 (c) For a plantwide applicability limitation; or 

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

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

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

necessary to make an independent air quality impact assessment. 

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

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

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

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-44
 (a) Will prevent the attainment and maintenance of the state or national ambient air quality 

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

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

 (b) Will cause a violation of the applicable control strategy contained in the approved air 

quality plan. 

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

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

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

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

provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221. 

 7. The Director may impose any reasonable conditions on his approval, including conditions 

requiring the owner or operator of the stationary source to: 

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

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

after operation has begun at the stationary source; and 

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

to 445B.3497, inclusive , and sections 2 to 5, inclusive, of this regulation.

 8. Where a proposed stationary source located on contiguous property is constructed or 

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

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

determining the applicability of those sections. 

 9. Approval and issuance of an operating permit or a revision of an operating permit for any 

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

other portion of the control strategy. 

 [Environmental Comm’n, Air Quality Reg. § 13.1.1, eff. 11-7-75; A 8-28-79; § 13.1.3, eff. 

11-7-75; A 8-28-79; 2-28-80; §§ 13.1.4-13.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 11-

23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R103-02, 

12-17-2002; R125-04, 9-24-2004) 

NAC 445B.310 [Article 13.3, 13.3.1-.3] Environmental evaluation: Applicable sources.

 1. An applicant for an operating permit, a revision to an operating permit or a request for a 

change of location, which is not subject to the provisions of 40 C.F.R. § 52.21, as adopted by 

reference in NAC 445B.221, must submit with the application an environmental evaluation for: 

 (a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a 

regulated air pollutant per year; 

 (b) A modification to an existing stationary source that meets the following criteria: 

 (1) The existing stationary source has the potential to emit greater than 25 tons of a 

regulated air pollutant per year; and 

 (2) The proposed modification has the potential to emit greater than 10 tons of a regulated 

air pollutant per year; 

 (c) The approval of a pollution control project, the approval of a plantwide applicability 

limitation or the approval to allow a plantwide applicability limitation to expire and not be 

renewed; or 

 (d) Upon written notice from the Director, any other source or combination of sources. 

2. An owner or operator of a Class II source may request an exemption from the requirement 

to submit an environmental evaluation with the application. Within 30 days after receipt of a 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-45
written request for an exemption, the Director shall grant or deny the request and notify the 

owner or operator in writing of his determination. If such an exemption is granted, the Director 

shall perform the environmental evaluation. 

 [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75; A 12-15-77; renumbered as § 

13.2, 8-28-79; § 13.3.1, eff. 11-7-75; A 12-15-77; renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 

11-7-75; A 12-15-77; renumbered as § 13.2.2, 8-28-79; § 13.3.3, eff. 11-7-75; renumbered as § 

13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; 

R125-04, 9-24-2004) 

NAC 445B.311 [Article 13.4, 13.4.1, 13.4.1.1-.2] Environmental evaluation: Required 

information. Except as otherwise provided in paragraph (c) of subsection 4: 

 1. An environmental evaluation which is required for a new or modified stationary source 

pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the Director must contain a 

careful and detailed assessment of the environmental aspects of the proposed stationary source 

and must also contain: 

 (a) The name and address of the applicant; 

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

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

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

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

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

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

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

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

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

site before construction or modification; and 

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

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

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

project. 

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

If the Director considers an analysis of a source based on a good engineering practice stack 

height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of section 4 of this 

regulation, the Director shall: 

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

paragraph (c) of subsection 1 of section 4 of this regulation; and 

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

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

445B.3395. 

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

concentration of each regulated air pollutant must include: 

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

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

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

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

not included in the “Guideline on Air Quality Models” if the Director determines that the 

modification or use is appropriate; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-46
(b) A narrative report describing: 

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

limitation: 

(I) Model options chosen; 

(II) Urban versus rural selection; 

(III) Background concentrations; 

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

(V) Emission discharge points; and 

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

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

information concerning: 

(I) The nearest significant terrain features; 

(II) The receptor grid or grids; and 

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

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

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

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

adopted by reference in NAC 445B.221: 

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

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

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

and which covers a period of not less than 1 year; 

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

Director for synthetic data; or 

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

site; or 

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

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

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

 [Environmental Comm’n, Air Quality Reg. § 13.4.1, eff. 11-7-75; A 12-15-77; renumbered as 

§ 13.3.1, 8-28-79; § 13.4.1.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1.1, 8-28-79; § 

13.4.1.4, eff. 11-7-75; renumbered as § 13.3.1.2, 8-28-79]—(NAC A 10-30-95; R103-02, 12-17-

2002) 

NAC 445B.313 Method for determining heat input: Class I sources. For the purposes 

of determining the effects of Class I sources on the quality of ambient air and determining the 

applicability of a federally enforceable standard or requirement to an emission unit, the heat 

input will be determined by using the appropriate method of the American Society for Testing 

and Materials (ASTM) contained in 40 C.F.R. Parts 51, 52, 60 and 61. 

 [Environmental Comm’n, Air Quality Reg. § 13.3.4, eff. 12-15-77; renumbered as § 13.2.4, 

8-28-79]—(NAC A 9-19-90; 3-29-94, eff. 1-11-96; 10-30-95; R040-01, 10-25-2001; R103-02, 

12-17-2002) 

NAC 445B.3135 Method for determining heat input: Class II sources. For the purposes 

of determining the effects of a Class II source on the quality of ambient air pursuant to NAC 

445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content of all combusted 

fuels, or the guaranteed maximum input of the manufacturer or designer of the equipment, 

whichever is greater. The total heat input of all fuel-burning units in a plant or on the premises 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-47
must be used to determine the maximum amount of a regulated air pollutant which may be 

emitted. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.314 Method for determining heat input: Class III sources. For the 

purposes of determining the effects of a Class III source on the quality of ambient air pursuant to 

NAC 445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content of all 

combusted fuels, or the guaranteed maximum input of the manufacturer or designer of the 

equipment, whichever is greater. The total heat input of all fuel-burning units in a plant or on the 

premises must be used to determine the maximum amount of a regulated air pollutant which may 

be emitted. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.315 Contents of operating permits: Exception for operating permits to 

construct; required conditions. 

 1. Notwithstanding any provision of this section to the contrary, the provisions of this 

section do not apply to operating permits to construct. 

 2. The director shall cite the legal authority for each condition contained in an operating 

permit. 

 3. An operating permit must contain the following conditions: 

 (a) The term of the operating permit is 5 years. 

 (b) The holder of the operating permit shall retain records of all required monitoring data and 

supporting information for 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 and all original strip-chart recordings for continuous monitoring 

instrumentation. 

 (c) Each of the conditions and requirements of the operating permit is severable and, if any 

are held invalid, the remaining conditions and requirements continue in effect. 

 (d) The holder of the operating permit shall comply with all conditions of the operating 

permit. Any noncompliance constitutes a violation and is a ground for: 

 (1) An action for noncompliance; 

 (2) Revising, revoking, reopening and revising, or terminating the operating permit by the 

director; or 

 (3) Denial of an application for a renewal of the operating permit by the director. 

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the 

operating permit is not a defense to noncompliance with any condition of the operating permit. 

 (f) The director may revise, revoke and reissue, reopen and revise, or terminate the operating 

permit for cause. 

 (g) The operating permit does not convey any property rights or any exclusive privilege. 

 (h) The holder of the operating permit shall provide the director, within a reasonable time, 

with any information that the director requests in writing to determine whether cause exists for 

revising, revoking and reissuing, reopening and revising, or terminating the operating permit, or 

to determine compliance with the conditions of the operating permit. 

 (i) The holder of the operating permit shall pay fees to the director in accordance with the 

provisions set forth in NAC 445B.327 and 445B.331. 

 (j) The holder of the operating permit shall allow the director or any authorized 

representative, upon presentation of credentials, to: 

 (1) Enter upon the premises of the holder of the operating permit where: 

 (I) The stationary source is located; 

 (II) Activity related to emissions is conducted; or 

 (III) Records are kept pursuant to the conditions of the operating permit; 

 (2) Have access to and copy, during normal business hours, any records that are kept 

pursuant to the conditions of the operating permit; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-48
 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, 

including any equipment for monitoring or controlling air pollution, that are regulated or 

required pursuant to the operating permit; and 

 (4) Sample or monitor, at reasonable times, substances or parameters to determine 

compliance with the conditions of the operating permit or applicable requirements. 

 (k) A responsible official of the stationary 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 operating permit are true, accurate and complete. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

R105-97, 3-5-98; R103-02, 12-17-2002) 

NAC 445B.318 [445.712; §2: 445.714]] Operating permits: Separate permit required 

for each source; form of application; issuance or denial of permit; posting of permit.

 1. A separate operating permit is required for each new or existing stationary source. 

 2. Application for the issuance of an operating permit or a replacement for a lost or 

damaged operating permit must be submitted in writing to the director on the exact form 

provided by him. 

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

other appropriate test and other relevant information that use of the stationary source will not 

result in any violation of the air quality regulations or the provisions of 40 C.F.R. § 52.21 or 

40 C.F.R. Parts 60 and 61, Prevention of Significant Deterioration, New Source Performance 

Standards and National Emission Standards for Hazardous Air Pollutants adopted by reference in 

NAC 445B.221. 

 4. A denial of an application for an operating permit must be accompanied by a statement of 

the reasons therefor, and if the director has relied in his decision upon information not contained 

in the application, the statement of reasons must identify and state the substance of such 

information. 

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

 [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 

11-7-75; § 3.4.7, eff. 11-7-75; A 8-28-79]—(NAC A 10-22-87; 12-15-88; 9-19-90; R 12-13-93, 

eff. 11-15-94; A 10-30-95) 

NAC 445B.319 Operating permits: Administrative amendment. 

 1. The holder of an operating permit may request or the director may initiate an 

administrative amendment of an operating permit to: 

 (a) Correct typographical errors; 

 (b) Identify a change in the name, address or telephone number of any person identified in 

the operating permit, or provide a similar minor administrative change at the stationary source; 

 (c) Require more frequent monitoring or reporting by the holder of the operating permit; 

 (d) Add the serial numbers of specific pieces of equipment which were not available at the 

time of the issuance of or revision of the operating permit; or 

 (e) Allow for a change in ownership or operational control of a stationary source if the 

director determines that no other change in the operating permit is necessary. A person who 

requests an administrative amendment pursuant to this paragraph must submit to the director a 

written agreement specifying a date for the transfer of responsibility for the operating permit and 

an agreement between the current and the new holder of the operating permit regarding insurance 

coverage and liability. 

 2. A holder of an operating permit must request an administrative amendment on an 

application provided by the director. The application must be accompanied by a fee in the 

amount specified in NAC 445B.327. 

 3. The director shall: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-49
 (a) Issue or deny an application for an administrative amendment within 30 days after receipt 

of the application. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 

11-15-94; 10-30-95; R105-97, 3-5-98; R019-99, 9-27-99) 

NAC 445B.325 Operating permits: Termination, reopening and revision, revision, or 

revocation and reissuance. 

 2. An operating permit may be terminated, reopened and revised, revised, or revoked and 

reissued if: 

 (a) The director or the Administrator determines that the operating permit contains a material 

mistake or is based on inaccurate statements; 

 (b) The director or the Administrator determines that the operating permit, as written, does 

not ensure compliance with all applicable requirements; or 

 (c) The director determines that there has been a violation of any of the provisions of NAC 

445B.001 to 445B.3497, inclusive, any applicable requirement, or any condition contained in the 

operating permit. 

 5. If the director reopens an operating permit, he shall revise only those portions of the 

operating permit for which cause exists. 

 6. The reopening of an operating permit pursuant to this section must comply with all of the 

relevant requirements for the issuance or revision of a permit, including the requirements related 

to the content of the permit and the requirements for notice, public participation and comment, 

and a review by any affected states. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 

10-30-95, eff. 1-11-96; R105-97, 3-5-98) 

NAC 445B.326 Operating permits: Assertion of emergency as affirmative defense to 

action for noncompliance.

 1. A holder of an operating permit may assert an affirmative defense to an action brought 

for noncompliance with a technology-based emission limitation contained in the operating 

permit if the holder of the operating permit demonstrates through signed, contemporaneous 

operating logs or other relevant evidence, that: 

 (a) An emergency occurred and the holder of the operating permit can identify the cause of 

the emergency; 

 (b) The facility was being properly operated at the time of the emergency; 

 (c) During the emergency, the holder of the operating permit took all reasonable steps to 

minimize excess emissions; and 

 (d) The holder of the operating permit submitted notice of the emergency to the director 

within 2 working days after the emergency. The notice must contain a description of the 

emergency, any steps taken to mitigate emissions, and any corrective actions taken to restore 

the normal operation of the facility. 

 2. In any action for noncompliance, the holder of an operating permit who asserts the 

affirmative defense of an emergency has the burden of proof. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96)—(Substituted in revision for NAC 445.7133) 

NAC 445B.331 [445.716] Request for change of location of emission unit. A request for 

a change of the location of an emission unit must be made in writing to the director and 

submitted with the fee for each operating permit as follows: 

 1. For a Class I source, at least 10 days in advance of each change of location. 

 2. For a Class II source, at least 10 days before the commencement of the operation of the 

emission unit at the new location. An owner or operator must not operate the emission unit at the 

new location until the director approves the location. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-50
 (Added to NAC by Environmental Comm’n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93; 

12-13-93, eff. 7-1-94; 10-30-95; 5-3-96; R019-99, 9-27-99; R117-00, 6-1-2001; R103-02, 

12-17-2002) 

Class I Operating Permits 

 NAC 445B.3361 General requirements. 

 1. To establish a new Class I stationary source or modify an existing Class I stationary 

source, the owner or operator of a proposed new Class I stationary source or the existing Class I 

stationary source must: 

 (a) Apply for and obtain a new or revised operating permit to construct pursuant to NAC 

445B.001 to 445B.3497, inclusive; or 

 (b) Apply for and obtain a new or revised Class I operating permit pursuant to NAC 445B.001 

to 445B.3497, inclusive. 

 2. To obtain a designation for an emission unit as a clean unit, the owner or operator of a 

Class I stationary source must apply for and obtain a Class I operating permit to construct for the 

designation of a clean unit pursuant to NAC 445B.001 to 445B.3497, inclusive. 

 3. To obtain the approval of a pollution control project as specified in 40 C.F.R. § 

52.21(z)(1), the owner or operator of a Class I stationary source must apply for and obtain a 

Class I operating permit to construct for the approval of a pollution control project pursuant to 

NAC 445B.001 to 445B.3497, inclusive, before the owner or operator begins actual construction 

of the pollution control project. 

 4. To establish a plantwide applicability limitation, the owner or operator of a Class I 

stationary source must apply for and obtain a Class I operating permit to construct for the 

approval of the plantwide applicability limitation pursuant to NAC 445B.001 to 445B.3497, 

inclusive. To revise or renew a Class I operating permit to construct for the approval of a 

plantwide applicability limitation, the owner or operator of a Class I stationary source must apply 

for and obtain a revised or renewed Class I operating permit to construct for the approval of a 

plantwide applicability limitation pursuant to NAC 445B.001 to 445B.3497, inclusive. 

 5. Except as otherwise provided in subsection 7, if an owner or operator obtains an operating 

permit to construct, the owner or operator is not required to obtain an operating permit or revised 

operating permit before commencing initial construction, start-up and operation of the proposed 

new Class I stationary source or the modification to the existing Class I stationary source. 

 6. Except as otherwise provided in this subsection and subsection 7, if an owner or operator 

has a valid operating permit to construct, the owner or operator may continue to operate a new 

Class I stationary source or modifications to an existing Class I stationary source under that 

operating permit to construct if the owner or operator submits a complete application for a Class 

I operating permit within 12 months after the date of initial start-up of the new Class I stationary 

source or modifications to the existing Class I stationary source. The provisions of this 

subsection do not apply to: 

 (a) A Class I operating permit to construct for the designation of a clean unit. A Class I 

operating permit to construct for the designation of a clean unit must be incorporated into the 

Class I operating permit pursuant to 40 C.F.R. § 52.21(y)(8). 

 (b) A Class I operating permit for the approval of a pollution control project. 

 (c) A Class I operating permit to construct for the approval of a plantwide applicability 

limitation. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-51
 7. If the conditions of an existing Class I operating permit would prohibit the construction or 

change in operation of the existing Class I stationary source and the owner or operator is not 

seeking to revise the Class I operating permit at the Class I stationary source pursuant to 

paragraph (b) of subsection 1, the owner or operator must concurrently: 

 (a) Obtain a Class I operating permit to construct for the construction or change in operation 

of the existing Class I stationary source; and 

 (b) Obtain an administrative revision to an operating permit to incorporate the conditions of 

the Class I operating permit to construct into the existing Class I operating permit pursuant to 

NAC 445B.3441 before commencing with the construction or change in operation of the existing 

Class I stationary source. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-

24-2004) 

NAC 445B.3363 [445.707, 712] Operating permit to construct: Application. 

 1. Except as otherwise provided in NAC 445B.33633, 445B.33635 and 445B.33637, in 

addition to the information required pursuant to NAC 445B.295, an application for a Class I 

operating permit to construct or for a revision of a Class I operating permit to construct must 

include: 

 (a) Descriptions of all emissions of any regulated pollutants for which the source is defined as 

a major source. 

 (b) A description of all emissions of regulated air pollutants from all emission units. 

 (c) An identification and a description of all points of emissions and all activities which may 

generate emissions of the regulated air pollutants described pursuant to paragraph (a) in 

sufficient detail to establish the basis for the applicability of standards and fees. 

 (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation 

pursuant to an applicable requirement. The emission rates must be described in tons per year and 

in such terms as are necessary to establish compliance using the applicable standard reference 

test method. 

 (e) Any other information required by any applicable requirement. 

 (f) The calculations on which the information described in this subsection are based. 

 (g) Citations to and a description of all applicable requirements. 

 (h) A reference to any applicable test method used for determining compliance with each 

applicable requirement. 

 2. Except as otherwise provided in NAC 445B.33633, 445B.33635 and 445B.33637, in 

addition to the information required pursuant to NAC 445B.295 and 445B.3368, an application 

for a Class I operating permit to construct must contain: 

 (a) For a proposed new major stationary source, a proposed major modification to an existing 

stationary source or a major modification at an existing major stationary source: 

 (1) All information required pursuant to 40 C.F.R. § 52.21; 

 (2) A description of all emissions of each regulated pollutant for which the source is a 

major stationary source or that will increase by a significant amount as a result of the major 

modification; 

 (3) A description of all emissions of each regulated pollutant associated with the major 

modification; 

 (4) A description of each hydrographic area that may be triggered for increment 

consumption; and 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-52
 (5)Any other information that the Director determines is necessary to process the 

application. 

 (b) For a proposed new major source or a proposed modification which is not a major 

modification: 

 (1) All information required by NAC 445B.308 to 445B.313, inclusive; 

 (2) Any other information that the Director determines is necessary to process the 

application; and 

 (3) For stationary sources subject to the provisions regarding new source review set forth 

in 42 U.S.C. §§ 7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503. 

 3. Except as otherwise provided in NAC 445B.33633, 445B.33635 and 445B.33637, in 

addition to the information required in subsections 1 and 2, an application for a Class I operating 

permit to construct for a modification at an existing major stationary source that is not a major 

modification must contain: 

 (a) All applicable information required to make the determinations pursuant to 40 C.F.R. § 

52.21(a)(2); 

 (b) A description of the project or modification including all emission units; 

 (c) A description of the applicable procedures used to determine that the project or 

modification is not a major modification pursuant to the provisions in 40 C.F.R. § 52.21(a)(2); 

 (d) All calculations associated with the procedures required to make the determinations 

pursuant to 40 C.F.R. § 52.21(a)(2), including detailed information for expected and highest 

projections of any business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); 

 (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and 

 (f) Detailed information used to demonstrate that emissions increases associated with any 

increased utilization that an emission unit could have accommodated during the baseline 

emission period is unrelated to the proposed project or modification, including any increased 

utilization due to product demand growth, in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(c). 

¬ In lieu of paragraphs (d), (e) and (f), the application must contain information on the potential 

of the unit to emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d). 

 4. Except as otherwise provided in NAC 445B.33633, in addition to the information required 

pursuant to subsections 1, 2 and 3, an application for an operating permit to construct must 

include an environmental evaluation pursuant to NAC 445B.308, 445B.310 and 445B.311. 

 5. In addition to the information required pursuant to NAC 445B.33633, an application for a 

Class I operating permit to construct for a modification or project at an emission unit that has 

been designated as a clean unit must contain a demonstration that the modification or project will 

not cause the unit to lose its designation as a clean unit pursuant to 40 C.F.R. § 52.21(y)(9). 

 6. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21 as 

adopted by reference in NAC 445B.221. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-

24-2004) 

 NAC 445B.33633 Operating permit to construct for designation of clean unit: 

Application. 

 1. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application 

for a Class I operating permit to construct for the designation of a clean unit must contain: 

 (a) A description of the air pollution control technology used to meet the emissions levels that 

are comparable to the BACT level of emissions reduction; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-53
 (b) A demonstration that the control technology qualifies or requalifies as an air pollution 

control technology and that an investment to install the control technology was made under the 

criteria established in 40 C.F.R. § 52.21(y)(3); 

 (c) A demonstration and analysis that the control technology used is comparable to the BACT 

in accordance with 40 C.F.R. § 52.21(y)(4); 

 (d) The date on which the air pollution control technology was installed for the emission unit; 

 (e) The date on which the air pollution control technology for the emission unit was placed 

into service, if known; and 

 (f) Any other information that the Director determines is necessary to process the application. 

 2. Unless the Director determines otherwise, an application for a Class I operating permit to 

construct for the designation of a clean unit does not require an environmental evaluation 

pursuant to NAC 445B.308 to 445B.314, inclusive. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

 NAC 445B.33635 Operating permit to construct for approval of pollution control 

project: Application. In addition to the requirements set forth in subsection 1 of NAC 

445B.297, an application for a Class I operating permit to construct for the approval of a 

pollution control project must contain: 

 1. All the information required pursuant to 40 C.F.R. § 52.21(z)(3); and 

 2. Any other information that the Director determines is necessary to process the application. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

 NAC 445B.33637 Operating permit to construct for approval of plantwide applicability 

limitation: Application. 

 1. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application 

for a Class I operating permit to construct for the approval of a plantwide applicability limitation 

for a major stationary source must contain: 

 (a) All the information required pursuant to 40 C.F.R. § 52.21(aa)(3) and all the information 

necessary to establish the plantwide applicability limitation in accordance with the requirements 

of 40 C.F.R. § 52.21(aa)(4); 

 (b) A description of each pollutant for which the owner or operator is requesting a plantwide 

applicability limitation; 

 (c) For each pollutant described in paragraph (b), the proposed plantwide applicability 

limitation for the entire major stationary source; 

 (d) A monitoring plan that will be used to make an accurate determination of the plantwide 

emissions subject to the plantwide applicability limitation as specified in 40 C.F.R. § 

52.21(aa)(12). The monitoring plan must identify, without limitation: 

 (1) The monitoring approach proposed for each emission unit; 

 (2) The minimum performance requirements of each such approach; 

 (3) The basis for any emissions factors proposed; and 

 (4) Any emission unit for which the owner or operator cannot demonstrate a correlation 

between the monitored parameters and the plantwide applicability limitation at all operating 

points; 

 (e) If the owner or operator cannot demonstrate a correlation between the monitored 

parameters and the plantwide applicability limitation at all operating points as identified in 

paragraph (d) and the owner or operator requests to establish default values for determining 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-54
compliance with the plantwide applicability limitation, any proposed default values to be used 

for determining compliance with the plantwide applicability limitation based on the highest 

potential emissions potentially operated for each emission unit; 

 (f) A description of the calculation procedures that the source will use to convert monitored 

data into monthly emissions on a 12-month rolling period; 

 (g) A description of any emission units that were permanently shut down after the baseline 

actual emissions period and the associated emissions; 

 (h) A description of any emission units for which construction began after the baseline actual 

emissions period and the associated emissions; and 

 (i) Any other requirements or information that the Director determines is necessary to 

implement and enforce the plantwide applicability limitation. 

 2. An application for a Class I operating permit to construct to allow a plantwide applicability 

limitation to expire and not be renewed must contain: 

 (a) A description of the proposed distribution of the emissions allowed by the plantwide 

applicability limitation for each emission unit or group of emission units at the major stationary 

source; and 

 (b) A description of the proposed methods for complying with the distribution of the 

allowable emissions provided in paragraph (a). 

 3. In addition to the information required pursuant to subsection 1, an application for a Class 

I operating permit to construct for the renewal of a plantwide applicability limitation must 

contain the information required pursuant to 40 C.F.R. § 52.21(aa)(10) for each plantwide 

applicability limitation pollutant. 

 4. In addition to the information required pursuant to subsection 1, an application for a Class 

I operating permit to construct for increasing a plantwide applicability limitation must contain all 

the information required pursuant to 40 C.F.R. § 52.21(aa)(11) 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.3364 [445.707, 712] Operating permit to construct: Review of application 

and determination of completeness by director; notice. 

 1. Except for sources that are subject to the permitting requirements set forth in 40 C.F.R. § 

52.21, within 45 days after the date of receipt of an application for a Class I operating permit to 

construct or for the revision of a Class I operating permit to construct, the Director shall 

determine if the application is complete. If substantial additional information is required, the 

Director shall determine that the application is incomplete and return the application to the 

applicant. If substantial additional information is not required, the Director shall determine the 

application to be complete. Unless the Director determines that the application is incomplete 

within 45 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 Director determines that the application 

is complete or the 46th day after the date of receipt, whichever is earlier. Within 90 days after the 

official date of submittal, the Director shall make a preliminary determination to issue or deny a

Class I operating permit to construct or the revision of a Class I operating permit to construct.

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 

days after the date of receipt of an application for a Class I operating permit to construct or for 

the revision of a Class I operating permit to construct, the Director shall determine whether the 

application contains adequate information to process the application. The official date of 

submittal of the application shall be deemed to be 31 days after the date of receipt, unless the 

Director determines before that date that substantial additional information is required. If the 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-55
Director determines that substantial additional information is required, the Director shall return 

the application to the applicant. The Director shall require the applicant to submit a new 

application or the applicant may formally withdraw the application. Within 180 days after the 

official date of submittal, the Director shall make a preliminary determination to issue or deny an 

operating permit to construct or a revision of an operating permit to construct. For the purposes 

of 40 C.F.R. §52.21, the application shall be deemed to be complete on the date that the Director 

makes the preliminary determination to issue or deny a Class I operating permit to construct or a 

revision of an operating permit to construct.

 3. For the submittal of an application for a Class I operating permit to construct for the 

designation of a clean unit or a Class I operating permit to construct for the approval of a 

pollution control project, within 10 days after the date of receipt of such an application, the 

Director shall determine if the application is complete. If substantial additional information is 

required, the Director shall determine that the application is incomplete and return the 

application to the applicant. If substantial additional information is not required, the Director 

shall determine the application to be complete. Unless the Director determines that the 

application is incomplete within 10 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 Director 

determines that the application is complete or the 11th day after the date of receipt, whichever is 

earlier. Within 60 days after the official date of submittal, the Director shall make a preliminary 

determination to issue or deny the Class I operating permit to construct for the designation of a 

clean unit or Class I operating permit to construct for the approval of a pollution control project. 

 4. For the submittal of an application for a Class I operating permit to construct for the 

approval of a plantwide applicability limitation, within 30 days after the date of receipt of such 

an application, the Director shall determine if the application is complete. If substantial 

additional information is required, the Director shall determine that the application is incomplete 

and return the application to the applicant. If substantial additional information is not required, 

the Director shall determine the application to be complete. Unless the Director determines that 

the application is incomplete within 30 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 Director 

determines that the application is complete or the 31st day after the date of receipt, whichever is 

earlier. Within 120 days after the official date of submittal, the Director shall make a preliminary 

determination to issue or deny the Class I operating permit to construct for the approval of a 

plantwide applicability limitation. 

 5. If, after the official date of submittal, the Director discovers that additional information is 

required to act on an application, the Director may request additional information necessary to 

determine whether the proposed operation will comply with all of the requirements set forth in 

NAC 445B.001 to 445B.3497, inclusive. The applicant must provide in writing any additional 

information that the Director requests within the time specified in the request of the Director. 

Any delay in the submittal of the requested information will result in a corresponding delay in 

the action of the Director on the application submitted to the Director. 

 6. The Director’s review and preliminary intent to issue or deny an operating permit to 

construct or a revision of an operating permit to construct and the proposed conditions for the 

operating permit to construct must be made public and maintained on file with the Director 

during normal business hours at 333 West Nye Lane, Carson City, Nevada, and in the air quality 

region where the source is located for 30 days to enable public and EPA participation and 

comment. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-56
 7. The Director shall: 

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in 

the area in which the stationary source is located or in a state publication designed to give 

general public notice; 

 (b) Provide written notice to persons on a mailing list developed by the Director, including 

those persons who request in writing to be included on the list; 

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the 

public; 

 (d) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to 

construct and the proposed operating permit to construct to the Administrator; 

 (e) Establish a 30-day period for comment from the public and the EPA; and 

 (f) If the application is for an administrative revision to a Class I operating permit, provide 

written notice to each affected state. 

 8. In addition to the requirements set forth in subsection 7, the notice required for a Class I 

operating permit to construct or for a revision of a Class I operating permit to construct must 

identify:

 (a) The affected facility and the name and address of the applicant;

 (b) The name and address of the authority processing the Class I operating permit to 

construct;

 (c) The activity or activities involved in the Class I operating permit to construct and the 

change of emissions involved in any revision of the Class I operating permit to construct;

 (d) The name, address and telephone number of a person from whom interested persons may 

obtain additional information, including copies of the proposed conditions for the Class I 

operating permit to construct, the application, all relevant supporting materials and all other 

materials which are available to the authority that is processing the Class I operating permit to 

construct and which are relevant to the determination of the issuance of the Class I operating 

permit to construct; 

 (e) A brief description of the procedures for public comment and the time and place of any 

hearing that may be held, including a statement of the procedures to request a hearing; and

 (f) If applicable, a description of any revisions to a Class I operating permit resulting from an 

administrative revision to the Class I operating permit. 

 9. All comments concerning the Director’s review and the preliminary intent for the issuance 

or denial of a Class I operating permit to construct or of a revision of a Class I operating permit 

to construct must be submitted in writing to the Director within 30 days after the public 

announcement. The Director shall give notice of any public hearing at least 30 days before the 

date of the hearing. The Director shall keep a record of the names of any persons who made 

comments and of the issues raised during the process for public participation. 

 10. Except as otherwise provided in subsections 11, 12 and 13, within 180 days after the 

official date of submittal of an application for an operating permit to construct or for the revision 

of an operating permit to construct, the Director shall issue or deny the new Class I operating 

permit to construct or the new revision of a Class I operating permit to construct. The Director 

shall make his decision by taking into account:

 (a) Written comments from the public;

 (b) Comments made during public hearings concerning the application and the Director’s 

preliminary determination for issuance or denial;

 (c) Information submitted by proponents of the project; and

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-57
 (d) The effect of such a facility on the maintenance of the State and national ambient air 

quality standards contained in NAC 445B.22097 and the control strategy contained in the air 

quality plan.

 11. Except as otherwise provided in subsection 12, for sources subject to the permitting 

requirements set forth in 40 C.F.R.§ 52.21, within 12 months after the official date of submittal 

of an application for an operating permit to construct or for the revision of an operating permit to 

construct, the Director shall issue or deny the new Class I operating permit to construct or the 

new revision of a Class I operating permit to construct.

 12. The Director shall issue or deny a Class I operating permit to construct for the designation 

of a clean unit, for the approval of a pollution control project or for the approval of a plantwide 

applicability limitation within 30 days after the close of the period for public participation or 30 

days after the hearing, if a hearing is scheduled pursuant to this section, whichever occurs later. 

 13. The Director shall not issue an administrative revision to a Class I operating permit if the 

Administrator objects to the issuance of the administrative revision in writing within 45 days 

after the Administrator’s receipt of the proposed revision conditions for the Class I operating 

permit and the necessary supporting information. 

 14. Any person may petition the Administrator to request that the Administrator object to the 

issuance of an administrative revision to a Class I operating permit as provided in 40 C.F.R. § 

70.8(d). 

 15. If, on his own or pursuant to a request by a person pursuant to subsection 14, the 

Administrator objects to the issuance of an administrative revision to a Class I operating permit, 

the Director shall submit revised proposed conditions for the Class I operating permit in response 

to the objection within 90 days after the date on which he is notified of the objection. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-

26-2004; R125-04, 9-24-2004) 

NAC 445B.3365 Operating permit to construct: Required conditions. Except as 

otherwise provided in NAC 445B.33653 and 445B.33656: 

 1. The Director shall cite the legal authority for each condition contained in an operating 

permit to construct. 

 2. An operating permit to construct must contain the following conditions: 

 (a) The expiration date of the operating permit to construct must be defined as described in 

NAC 445B.3366. 

 (b) The holder of the operating permit to construct shall retain records of all required 

monitoring data and supporting information for 5 years after the date of the sample collection, 

measurement, report or analysis. Supporting information includes, without limitation, all records 

regarding calibration and maintenance of the monitoring equipment and all original strip-chart 

recordings for continuous monitoring instrumentation. 

 (c) Each of the conditions and requirements of the operating permit to construct is severable, 

and if any is held invalid, the remaining conditions and requirements continue in effect. 

 (d) The holder of the operating permit to construct shall comply with all conditions of the 

operating permit to construct. Any noncompliance constitutes a violation and is a ground for: 

 (1) An action for noncompliance; 

 (2) The revoking and reissuing, or the terminating, of the operating permit to construct by 

the Director; or 

 (3) The reopening or revising of the operating permit to construct by the holder of the 

operating permit to construct as directed by the Director. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-58
 (e) The need to halt or reduce activity to maintain compliance with the conditions of 

the operating permit to construct is not a defense to noncompliance with any condition of the 

operating permit to construct. 

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating 

permit to construct for cause. 

 (g) The operating permit to construct does not convey any property rights or any exclusive 

privilege. 

 (h) The holder of the operating permit to construct shall provide the Director, within a 

reasonable time, with any information that the Director requests in writing to determine whether 

cause exists for revoking or terminating the operating permit to construct, or to determine 

compliance with the conditions of the operating permit to construct. 

 (i) The holder of the operating permit to construct shall allow the Director or any authorized 

representative of the Director, upon presentation of credentials, to: 

 (1) Enter upon the premises of the holder of the operating permit to construct where: 

 (I) The stationary source is located; 

 (II) Activity related to emissions is conducted; or 

 (III) Records are kept pursuant to the conditions of the operating permit to construct; 

 (2) Have access to and copy, during normal business hours, any records that are kept 

pursuant to the conditions of the operating permit to construct; 

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, 

including any equipment for monitoring or controlling air pollution, that are regulated or 

required pursuant to the operating permit to construct; and 

 (4) Sample or monitor, at reasonable times, substances or parameters to determine 

compliance with the conditions of the operating permit to construct or applicable requirements. 

 (j) A responsible official of the stationary 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 operating permit to construct are true, accurate and complete. 

 3. An operating permit to construct must contain: 

 (a) All applicable requirements, emission limits and standards; 

 (b) Monitoring methods adequate to show compliance; 

 (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and 

 (d) Any other requirements deemed necessary by the Director. 

 4. In addition to the requirements established in subsections 1, 2 and 3, if the operating 

permit to construct is a Class I operating permit to construct for the approval of a pollution 

control project, the Class I operating permit to construct must contain the information set forth in 

40 C.F.R. § 52.21 (z)(6). 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-

24-2004) 

 NAC 445B.33653 Operating permit to construct for designation of clean unit: Required 

conditions and information. 

 1. The Director shall cite the legal authority for each condition contained in a Class I 

operating permit to construct for the designation of a clean unit. 

 2. A Class I operating permit to construct for the designation of a clean unit must contain the 

following conditions: 

 (a) The expiration date of the Class I operating permit to construct must be determined in 

accordance with subsection 5 of NAC 445B.3366. 

 (b) The holder of the Class I operating permit to construct shall retain records of all required 

monitoring data and supporting information for at least 5 years after the date of the sample 

collection, measurement, report or analysis. For the purposes of this paragraph, “supporting 

information” includes, without limitation, all records regarding calibration and maintenance of 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-59
the monitoring equipment and all original strip-chart recordings for continuous monitoring 

instrumentation. 

 (c) Each of the conditions and requirements of the Class I operating permit to construct is 

severable, and if any is held invalid, the remaining conditions and requirements continue in 

effect. 

 (d) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I 

operating permit to construct for cause. 

 (e) The Class I operating permit to construct does not convey any property right or exclusive 

privilege. 

 (f) A responsible official of the stationary 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 Class I operating permit to construct are true, accurate and 

complete. 

 3. In addition to the requirements set forth in subsections 1 and 2, a Class I operating permit 

to construct for the designation of a clean unit must contain: 

 (a) All applicable requirements, emission limits and standards; 

 (b) Monitoring methods adequate to show compliance; 

 (c) Adequate recordkeeping and reporting requirements determined necessary by the Director; 

and 

 (d) Any other requirements determined necessary by the Director. 

 4. In addition to the requirements established in subsections 1, 2 and 3, a Class I operating 

permit to construct for the designation of a clean unit must contain the information set forth in 40 

C.F.R. § 52.21(y)(8). 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

 NAC 445B.33656 Operating permit to construct for approval of plantwide applicability 

limitation: Required conditions and information. 

 1. The Director shall cite the legal authority for each condition contained in a Class I 

operating permit to construct for the approval of a plantwide applicability limitation. 

 2. A Class I operating permit to construct for the approval of a plantwide applicability 

limitation must contain the following conditions: 

 (a) The expiration date of the Class I operating permit to construct must be determined in 

accordance with subsection 6 of NAC 445B.3366. 

 (b) The holder of the Class I operating permit to construct shall retain records pursuant to 40 

C.F.R. § 52.21(aa)(13). 

 (c) Each of the conditions and requirements of the Class I operating permit to construct is 

severable, and if any is held invalid, the remaining conditions and requirements continue in 

effect. 

 (d) The holder of the Class I operating permit to construct shall comply with all conditions of 

the Class I operating permit to construct. Any noncompliance constitutes a violation and is a 

ground for: 

 (1) An action for noncompliance; 

 (2) The revoking and reissuing, or the terminating, of the Class I operating permit to 

construct by the Director; or 

 (3) The reopening or revising of the Class I operating permit to construct by the holder of 

the Class I operating permit to construct as directed by the Director. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-60
 (e) The need to halt or reduce activity to maintain compliance with the conditions of the Class 

I operating permit to construct is not a defense to noncompliance with any condition of the Class 

I operating permit to construct. 

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I 

operating permit to construct for cause. 

 (g) The Class I operating permit to construct does not convey any property right or exclusive 

privilege. 

 (h) The holder of the Class I operating permit to construct shall provide the Director, within a 

reasonable time, with any information that the Director requests in writing to determine whether 

cause exists for revoking or terminating the Class I operating permit to construct, or to determine 

compliance with the conditions of the Class I operating permit to construct. 

 (i) The holder of the Class I operating permit to construct shall allow the Director or any 

authorized representative of the Director, upon presentation of credentials, to: 

 (1) Enter upon the premises of the holder of the Class I operating permit to construct 

where: 

 (I) The stationary source is located; 

 (II) Activity related to emissions is conducted; or 

 (III) Records are kept pursuant to the conditions of the Class I operating permit to 

construct; 

 (2) Have access to and copy, during normal business hours, any records that are kept 

pursuant to the conditions of the Class I operating permit to construct; 

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, 

including any equipment for monitoring or controlling air pollution, that are regulated or 

required pursuant to the Class I operating permit to construct; and 

 (4) Sample or monitor, at reasonable times, substances or parameters to determine 

compliance with the conditions of the Class I operating permit to construct or applicable 

requirements. 

 (j) A responsible official of the stationary 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 Class I operating permit to construct are true, accurate and 

complete. 

 3. In addition to the requirements established in subsections 1 and 2, a Class I operating 

permit to construct for the approval of a plantwide applicability limitation must contain the 

information set forth in 40 C.F.R. § 52.21(aa)(7) as adopted by reference in NAC 445B.221. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.3366 [§6: 445.707] Operating permit to construct: Expiration; extension. 

 1. If construction will occur in one phase, an operating permit to construct for a new or 

modified stationary source expires if construction is not commenced within 18 months after the 

date of issuance thereof or construction of the facility is delayed for 18 months after initiated. 

The director may extend the date on which the construction may be commenced upon a showing 

that the extension is justified. 

 2. If construction will occur in more than one phase, the projected date of the 

commencement of construction of each phase of construction must be approved by the director. 

An operating permit to construct expires if the initial phase of construction is not commenced 

within 18 months after the projected date of the commencement of construction approved by the 

director. The director may extend only the date on which the initial phase of construction may be 

commenced upon a showing that the extension is justified. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-61
 3. An operating permit to construct issued to a new major stationary source or issued for a 

major modification to an existing stationary source that is subject to the permitting requirements 

set forth in 40 C.F.R. § 52.21 is subject to the expiration requirements established in 40 C.F.R. § 

52.21(r)(2). 

 4. Except as otherwise provided in this subsection, an operating permit to construct expires if 

a complete application for a Class I operating permit or modification of an existing Class I 

operating permit is not submitted within 12 months after the date of initial start-up. The 

provisions of this subsection do not apply to: 

 (a) A Class I operating permit to construct for the designation of a clean unit; 

 (b) A Class I operating permit for the approval of a pollution control project; or 

 (c) A Class I operating permit to construct for the approval of a plantwide applicability 

limitation. 

 5. An operating permit to construct for the designation of a clean unit expires pursuant to the 

expiration provision in 40 C.F.R. § 52.21(y)(6) or if the designation of the clean unit is lost for 

failing to comply with the provisions of 40 C.F.R. § 52.21(y)(9). 

 6. A plantwide applicability limitation expires at the end of the plantwide applicability 

limitation effective period in accordance with 40 C.F.R. § 52.21(aa)(9), unless the plantwide 

applicability limitation is renewed pursuant to subsection 3 of NAC 445B.33637. If the owner or 

operator is not going to renew the plantwide applicability limitation, the operating permit for the 

Class I stationary source must be revised to incorporate the redistribution of the emissions 

allowed by the plantwide applicability limitation that is expiring in accordance with subsection 2 

of NAC 445B.33637. For the purposes of this subsection, “plantwide applicability limitation 

effective period” means the “PAL effective period” as that term is defined in 40 C.F.R. § 

52.21(aa)(2)(vii). 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-

24-2004) 

NAC 445B.3368 Application: Additional requirements; exception. 

 1. The information otherwise required by this section is not required if the owner or operator 

applied for an operating permit to construct and no changes have been made to the facility. The 

information provided in the application for the operating permit to construct must be resubmitted 

as part of the Class I operating permit application. 

 2. In addition to the information required pursuant to NAC 445B.295, an application for a 

Class I operating permit must include: 

 (a) Descriptions of all emissions of any pollutants for which the source is major and all 

emissions of regulated air pollutants from all emission units. 

 (b) An identification and a description of all points of emissions and all activities which may 

generate emissions of the regulated air pollutants described pursuant to paragraph (a) in 

sufficient detail to establish the basis for the applicability of standards and fees. 

 (c) The emission rates of all regulated air pollutants that are subject to an emissions limitation 

pursuant to an applicable requirement. The emission rates must be described in tons per year and 

in such terms as are necessary to establish compliance using the applicable standard reference 

test method. 

 (d) Any other information required by any applicable requirement. 

 (e) The calculations on which the information in this subsection and subsection 1 are based. 

 (f) Citations to and a description of all applicable requirements. 

 (g) A reference to any applicable test method used for determining compliance with each 

applicable requirement. 

 (h) A compliance plan that contains the following: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-62
 (1) A description of the compliance status of the stationary source with respect to all 

applicable requirements. 

 (2) A description that includes the following: 

 (I) For the applicable requirements with which the stationary source is in compliance, a 

statement that the stationary source will continue to comply with those requirements. 

 (II) For the applicable requirements that may become effective during the term of the 

permit, a statement that the stationary source will comply with those requirements on a timely 

basis. 

 (III) For each applicable requirement with which the stationary source will not be in 

compliance at the time that a permit will be issued, a narrative description of how the stationary 

source will achieve compliance with each such requirement. 

 (3) Schedules of compliance as follows: 

 (I) For the applicable requirements with which the stationary source is in compliance, a 

statement that the stationary source will continue to comply with those requirements. 

 (II) For the applicable requirements that may become effective during the term of the 

permit, a statement that the stationary source will comply with those requirements on a timely 

basis, unless the applicable requirement expressly requires a more detailed schedule for 

compliance. 

 (III) For each applicable requirement with which the stationary source will not be in 

compliance at the time that a permit will be issued, a schedule of compliance for each applicable 

requirement. Such a schedule must include a schedule of remedial measures, including, without 

limitation, an enforceable sequence of actions with milestones, leading to compliance with the 

applicable requirements with which the stationary source is not in compliance. If the stationary 

source is subject to a judicial consent decree or an administrative order regarding its 

noncompliance, the schedule must resemble and be at least as stringent as any schedule 

contained in the decree or order. Such a schedule of compliance must be supplemental to, and 

must not sanction noncompliance with, the applicable requirements on which it is based. 

 (4) A schedule for the submission of certified progress reports at least once every 6 

months for a schedule of compliance to remedy a violation. Such progress reports must contain 

the following: 

 (I) Dates for performing activities or achieving milestones or compliance required in 

the schedule of compliance, and the dates when the activities, milestones or compliance occurred 

or were achieved; and 

 (II) An explanation as to why any dates in the schedule of compliance were not or will 

not be met, and any preventative or corrective measures adopted. 

¬The content requirements of the compliance plan specified in this paragraph apply and must be 

included in the acid rain portion of a compliance plan for an affected source, except as 

specifically superseded by regulations adopted pursuant to Title IV of the Act with regard to the 

schedule and methods the source will use to achieve compliance with the emissions limitations 

relating to acid rain. 

 (i) Requirements for compliance certification, including: 

 (1) A certification of compliance with all applicable requirements by a responsible 

official, consistent with this section and 42 U.S.C. § 7414(a)(3); 

 (2) A statement of methods used for determining compliance, including a description of 

monitoring, recordkeeping and reporting requirements, and methods of testing; 

 (3) A schedule for submission of certifications of compliance during the term of the 

permit to be submitted not less frequently than annually, or more frequently if so specified by the 

underlying applicable requirement or the permitting authority; and 

 (4) A statement indicating the status of compliance by the stationary source with any 

applicable enhanced monitoring and compliance certification requirements of the Act. 

 3. In addition to the information required pursuant to subsections 1 and 2, a Class I-B 

application for a Class I operating permit must contain: 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-63
 (a) For a proposed new major stationary source or a proposed major modification to an 

existing stationary source: 

 (1) All information required pursuant to 40 C.F.R. § 52.21; 

 (2) A description of all emissions of each regulated pollutant for which the source is a 

major stationary source or that will increase by a significant amount as a result of the major 

modification; 

 (3) A description of all emissions of each regulated pollutant associated with the major 

modification; 

 (4) A description of each hydrographic area that may be triggered for increment 

consumption; and 

 (5) Any other information that the Director determines is necessary to process the 

application. 

 (b) For a proposed new major source or a proposed significant revision to an existing 

stationary source: 

 (1) All information required by NAC 445B.308 to 445B.313, inclusive; 

 (2) Any other information that the Director determines is necessary to process the 

application; and 

 (3) For stationary sources subject to the provisions regarding new source review set forth 

in 42 U.S.C. §§ 7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503. 

 (c) For a proposed new major source or a proposed significant revision to an existing 

stationary source which is subject to the requirements of 42 U.S.C. § 7412 regarding hazardous 

air pollutants: 

 (1) All information required by NAC 445B.308 to 445B.313, inclusive; and 

 (2) Any other information that the Director determines is necessary to process the 

application. 

 (d) For a revision to a Class I operating permit for a modification at an existing major 

stationary source that is not a major modification: 

(1) All applicable information required to make the determinations pursuant to 40 C.F.R. 

§ 52.21(a)(2); 

(2) A description of the project or modification including all emission units; 

(3) A description of the applicable procedures used to determine that the project or 

modification is not a major modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2); 

(4) All calculations associated with the procedures required to make the determinations 

pursuant to 40 C.F.R. § 52.21(a)(2), including detailed information for expected and highest 

projections of any business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); 

(5) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and 

(6) Detailed information used to demonstrate that emissions increases associated with any 

increased utilization that an emission unit could have accommodated during the baseline 

emission period is unrelated to the proposed project or modification, including any increased 

utilization due to product demand growth, in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(c). 

¬In lieu of subparagraphs (4), (5) and (6), the application must contain information on the 

potential of the unit to emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d). 

 4. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21 as 

adopted by reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.3375 [Article 3.1.6] Class I-B application: Filing requirement. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-64
 1. Except as otherwise provided in subsection 7 of NAC 445B.3361, an owner or operator of 

a stationary source must file a Class I-B application, on a form provided by the Director, and 

obtain a Class I operating permit before commencing the construction, reconstruction or 

modification of: 

 (a) A Class I existing stationary source; 

 (b) A proposed modification for which a revision of an operating permit is requested pursuant 

to NAC 445B.3425 or 445B.344 to a Class I stationary source; 

 (c) A modification to a Class II source that results in total emissions of any regulated air 

pollutant above the thresholds defined in NAC 445B.094 for a major source; 

 (d) A proposed new Class I stationary source; 

 (e) A proposed new Class I stationary source subject to a standard, a limitation or any other 

requirement adopted pursuant to 42 U.S.C. § 7411 or 7412, unless the Class I stationary source is 

subject only to the requirements of 42 U.S.C. § 7412(r); or 

 (f) A proposed new stationary source which is included in a category of sources designated 

by the Administrator pursuant to 42 U.S.C. § 7661a(a). 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 

10-30-95, eff. 1-11-96; R105-97, 3-5-98; R117-00, 6-1-2001)—(Substituted in revision for 

NAC 445B.290) 

NAC 445B.3395 [445.707, 712] Review of application and determination of 

completeness by director; notice; expiration of permit. 

 1. Except for sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21 

and as otherwise provided in this subsection, within 60 days after the date on which an 

application for a Class I operating permit or for the significant revision of a Class I operating 

permit is received, the Director shall determine whether the application is complete. If 

substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine that the application is complete. Unless the Director 

determines that the application is incomplete within 60 days after the date of receipt, the official 

date of submittal shall be deemed to be the date on which the Director determines that the 

application is complete or 61 days after the date of receipt, whichever is earlier. 

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 

30 days after the date of receipt of an application for a Class I operating permit or for the 

revision of a Class I operating permit, the Director shall determine if the application contains 

adequate information to process the application. The official date of submittal of the application 

shall be deemed to be 31 days after the date of receipt, unless the Director determines before that 

date that substantial additional information is required. If the Director determines that substantial 

additional information is required, the Director shall return the application to the applicant. The 

Director shall require the applicant to submit a new application or the applicant may formally 

withdraw the application.

 3. If, after the official date of submittal, the Director discovers that additional information is 

required to act on the application, the Director may request such additional information that is 

necessary to determine whether the proposed operation will comply with all the requirements set 

forth in NAC 445B.001 to 445B.3497, inclusive. The applicant must provide in writing any 

additional information that the Director requests within the time specified in the request of the 

Director. Any delay in the submittal of the requested information will result in a corresponding 

delay in the action of the Director on the application submitted to the Director pursuant to 

subsection 1 or 2.

 4. Except as otherwise provided in this section, within 180 days after the official date of 

submittal of an application for a Class I operating permit or for the revision of a Class I operating 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-65
permit, the Director shall make a preliminary determination to issue or deny the Class I operating 

permit or the revision of the Class I operating permit. The Director shall give preliminary notice 

of his intent to issue or deny the Class I operating permit or the revision of the Class I operating 

permit within 180 days after the official date of submittal. 

 5. Within 10 working days after the receipt of an application for a minor revision of a 

Class I operating permit, the Director shall determine whether the application is complete. If 

substantial additional information is required, the Director shall determine the application to be 

incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine the application to be complete. Unless the Director 

determines that the application is incomplete within 10 working days after the date on which the 

Director receives the application, the official date of submittal is the date on which the Director 

determines that the application is complete or 11 working days after the date of receipt, 

whichever is earlier. 

 6. The Director’s review and preliminary intent to issue or deny a Class I operating permit 

or the revision of a Class I operating permit and the proposed conditions for the Class I operating 

permit must be made public and maintained on file with the Director during normal business 

hours at 333 West Nye Lane, Carson City, Nevada, and in the air quality region where the source 

is located for 30 days to enable public participation and comment and a review by any affected 

states. 

 7. The Director shall: 

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in 

the area in which the Class I stationary source is located or in a state publication designed to give 

general public notice; 

 (b) Provide written notice to: 

 (1) Persons on a mailing list developed by the Director, including those persons who 

request in writing to be included on the list; and 

 (2) Any affected state; 

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the 

public and affected states; 

 (d) Provide a copy of the Director’s review of the application, the Director’s preliminary 

intent to issue or deny the Class I operating permit or the revision of a Class I operating permit, 

and the proposed Class I operating permit to the Administrator; and 

 (e) Establish a 30-day period for public comment. 

 8. The provisions of subsections 6 and 7 do not apply to: 

 (a) An administrative amendment to a Class I operating permit made pursuant to NAC 

445B.319;

 (b) A change without revision to a Class I operating permit made pursuant to NAC 445B.342;

or 

 (c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425, if the 

Director determines that the minor revision does not result in a significant change in air quality at 

any location where the public is present on a regular basis. 

 9. The notice required for a Class I operating permit or for the revision of a Class I operating 

permit pursuant to subsection 7 must identify: 

 (a) The affected facility and the name and address of the applicant; 

 (b) The name and address of the authority processing the Class I operating permit; 

 (c) The activity or activities involved in the Class I operating permit and the emissions 

change involved in any revision of the Class I operating permit; 

 (d) The name, address and telephone number of a person from whom interested persons may 

obtain additional information, including copies of the proposed conditions for the Class I 

operating permit, the application, all relevant supporting materials and all other materials which 

are available to the authority that is processing the Class I operating permit and which are 

relevant to the determination of the issuance of the Class I operating permit; and 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-66
 (e) A brief description of the procedures for public comment and the time and place of any 

hearing that may be held, including a statement of the procedures to request a hearing. 

 10. All comments on the Director’s review and preliminary intent for the issuance or denial 

of a Class I operating permit or a revision of a Class I operating permit must be submitted in 

writing to the Director within 30 days after the public announcement. The Director shall give 

notice of any public hearing at least 30 days before the date of the hearing. The Director shall 

keep a record of the names of any persons who made comments and of the issues raised during 

the process for public participation. 

 11. Except as otherwise provided in subsection 12 and NAC 445B.319, 445B.342 and 

445B.3425, within 12 months after the official date of submittal of a Class I-B application, the 

Director shall issue or deny the application for a Class I-B operating permit or for a revision of 

the Class I-B operating permit. The Director shall make his decision by taking into account:

 (a) Written comments from the public, affected states and the Administrator;

 (b) Comments made during public hearings concerning the application and the Director’s 

preliminary determination for issuance or denial; 

 (c) Information submitted by proponents of the project; and

 (d) The effect of such a facility on the maintenance of the state and national ambient air 

quality standards contained in NAC 445B.22097 and the control strategy contained in the air 

quality plan. 

¬The Director shall send a copy of the final Class I-B operating permit to the Administrator. 

 12. For stationary sources subject to the provisions of 40 C.F.R. § 52.21 regarding the 

prevention of significant deterioration of air quality, adopted pursuant to NAC 445B.221, the 

Director shall issue or deny a Class I operating permit, or the revision or renewal of a Class I 

operating permit, within 12 months after the official date of submittal of an application for a new 

Class I operating permit or the revision of a Class I operating permit. The application shall be 

deemed to be complete for the purposes of 40 C.F.R. § 52.21 on the date that the Director makes 

the preliminary determination to issue or deny the Class I operating permit or the revision of the 

Class I operating permit.

 16. If construction will occur in one phase, a Class I operating permit or the revision of a 

Class I operating permit for a new or modified stationary source, other than a stationary source 

subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant 

deterioration of air quality, expires if construction is not commenced within 18 months after the 

date of issuance thereof or construction of the facility is delayed for 18 months after initiated. 

The Director may extend the date on which the construction may be commenced upon a showing 

that the extension is justified. 

 17. If construction will occur in more than one phase, the projected date of the 

commencement of construction of each phase of construction must be approved by the Director. 

A Class I operating permit or the revision of a Class I operating permit for a new or modified 

stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 

regarding the prevention of significant deterioration of air quality, expires if the initial phase of 

construction is not commenced within 18 months after the projected date of the commencement 

of construction approved by the Director. The Director may extend only the date on which the 

initial phase of construction may be commenced upon a showing that the extension is justified. 

 [Environmental Comm’n, Air Quality Reg. § 3.2.1, eff. 11-7-75; A 12-4-76; § 3.2.2, eff. 11-

7-75; A 12-15-77; 8-28-79; §§ 3.2.3 & 3.2.4, eff. 11-7-75; § 3.2.5, eff. 11-7-75; A 12-4-76; § 

3.2.6, eff. 11-7-75; + § 13.1.2, eff. 11-7-75; A 12-4-76; 8-28-79]—(NAC A 10-22-87; 12-15-88; 

12-8-89; 9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-30-95, 

eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-01, 10-25-2001; R103-02, 12-17-2002; 

R198-03, 4-26-2004) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-67
NAC 445B.340 Prerequisites to issuance, revision or renewal of permit. The Director 

may issue a Class I operating permit, or a revision of or a renewal of a Class I operating permit, 

if: 

 1. The Director has: 

 (a) Received a complete application for a Class I operating permit or for a revision of or a 

renewal of a Class I operating permit; 

 (b) Completed all requirements regarding public participation and comment pursuant to 

NAC 445B.3395; and 

 (c) Notified and responded to all comments from affected states; 

 2. The conditions of the operating permit provide for compliance with the requirements of 

NAC 445B.001 to 445B.3497, inclusive, and any other applicable requirements; 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

R105-97, 3-5-98)—(Substituted in revision for NAC 445B.306) 

NAC 445B.342 Revision of permit: Exception when making certain changes; 

notification of changes. 

 1. The owner or operator of a stationary source operating in compliance with an operating 

permit may make changes which contravene an express term of the operating permit without a 

revision of the operating permit if the changes do not: 

 (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, 

inclusive, or constitute a modification as that term is defined in NAC 445B.099; 

 (b) Violate any provision of NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, 

inclusive, of this regulation, or any other applicable requirement; or 

 (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit. 

 2. Any conditions of an operating permit that are requirements for monitoring, methods of 

testing, recordkeeping, reporting or compliance certification may not be changed pursuant to this 

section. 

 3. For each change made pursuant to this section, the holder of the operating permit shall 

provide a written notification to the Director and the Administrator at least 7 days before making 

the change. This notification must include: 

 (a) A detailed description of the change; 

 (b) The date on which the change will occur; 

 (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3497, 

inclusive, and sections 2 to 5, inclusive, of this regulation; 

 (d) Any condition of the operating permit which will no longer apply because of the change; 

 4. The holder of the operating permit, the Director and the Administrator, as appropriate, 

shall attach a copy of the written notification to his respective copy of the permit. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 

10-30-95, eff. 1-11-96; R105-97, 3-5-98; R040-01, 10-25-2001)—(Substituted in revision for 

NAC 445B.320) 

NAC 445B.3425 Minor revision of permit. 

 1. A minor revision may be made to a Class I operating permit if the revision: 

 (a) Does not violate any applicable requirement; 

 (b) Does not involve significant changes to the existing requirements for monitoring, 

reporting or recordkeeping; 

 (c) Does not require or change: 

 (1) A determination of an emission limitation or other standard on a case-by-case basis; 

 (2) A determination of the ambient impact for any temporary source; or 

 (3) A visibility or increment analysis; 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-68
 (d) Does not establish or change a condition of the operating permit for which there is no 

corresponding underlying applicable requirement and which was requested in order to avoid an 

applicable requirement, including: 

 (1) A federally enforceable emissions cap; or 

 (2) An alternative emission limitation pursuant to 42 U.S.C. § 7412(i)(5); 

 (e) Is not a modification pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive; 

 (f) Does not result in an increase in allowable emissions that exceeds any of the following 

specified thresholds: 

 (1) Carbon monoxide, 100 tons per year;

 (2) Nitrogen oxides, 40 tons per year; 

 (3) Sulfur dioxide, 40 tons per year; 

 (4) PM10, 15 tons per year; 

 (5) Ozone, 40 tons per year of volatile organic compounds; 

 (6) Sulfuric acid mist, 7 tons per year; and 

 (7) Hydrogen sulfide (H2S), 10 tons per year; and 

 (g) Is not a major modification at an existing major stationary source. 

2. An owner or operator must request a minor revision on an application form provided by 

the Director. The application must include: 

 (a) A description of the modification; 

 (b) A description of the emissions resulting from the modification; 

 (c) An identification of any new applicable requirements that will apply because of the 

modification; 

 (d) Suggested conditions of the operating permit; 

 (e) Certification by a responsible official of the stationary source that the proposed 

modification complies with the criteria for a minor revision set forth in subsection 1; and 

 (f) Any relevant information concerning the proposed change which is required by NAC 

445B.295 and 445B.3368. 

 3. The Director shall: 

 (a) Determine, in accordance with subsection 5 of NAC 445B.3395, whether the application 

for a minor revision is complete. 

 (b) Transmit the application to the Administrator within 10 working days after the official 

date of submittal of the application. 

 (c) Provide notice to any affected state within 10 working days after the official date of 

submittal of the application for a minor revision. 

 (d) Unless the application is for a minor revision described in subsection 8 of NAC 

445B.3395, enable public participation and comment and provide notice to the public concerning 

the application for a minor revision in the manner set forth in subsections 6 and 7 of NAC 

445B.3395.

 (e) Provide a 30-day period for comment by any affected state and the public, if applicable, 

concerning the application. 

 (f) Within 45 days after the official date of submittal of the application: 

 (1) Determine whether the proposed minor revision meets the criteria for a minor revision 

set forth in this section; 

 (2) Determine whether the proposed conditions of the operating permit are adequate; and 

 (3) If the Director determines that the proposed modification does not meet the criteria for 

a minor revision, deny the proposed revision and notify the applicant and the Administrator. 

 (g) If the Director determines that the applicant’s proposed conditions of the operating permit 

are not adequate, draft appropriate conditions for the operating permit. Proposed conditions 

drafted by the Director must be submitted to the Administrator for review. 

 (h) Notify the Administrator of any recommendations from an affected state which the 

Director does not accept. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-69
 4. The Director may issue the minor revision upon notification by the Administrator that the 

Administrator does not object to the minor revision. If the Administrator does not notify the 

Director within 45 days after the date on which the Administrator received the notification 

pursuant to this section or within 45 days after the date on which the Administrator receives the 

Director’s proposed conditions, whichever is later, the Administrator shall be deemed to have not 

objected to the minor revision. 

 5. If the Administrator objects to the minor revision, the Director shall: 

 (a) Deny the application for the minor revision; 

 (b) Determine whether the minor revision should be reviewed under the procedures for a 

significant revision; or 

 (c) Revise the proposed revision of the operating permit and forward it to the Administrator 

for review. 

 6. The Director shall take action pursuant to subsection 4 or 5 within 90 days after the official 

date of submittal of an application for a minor revision or within 15 days after the 

Administrator’s 45-day review period ends, whichever is later. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 

10-30-95, eff. 1-11-96; 5-3-96; R105-97, 3-5-98; R036-98, 4-17-98; R103-02, 12-17-2002; 

R198-03, 4-26-2004) 

NAC 445B.344 Significant revision of permit.

 1. The holder of an operating permit may request a significant revision of a Class I 

operating permit if it does not qualify as a change that may be made pursuant to NAC 445B.342, 

or as an administrative amendment or a minor revision. A significant revision includes, but is not 

limited to, a revision: 

 (a) Of an existing condition of the operating permit relating to monitoring or making the 

requirements for reporting or recordkeeping less stringent; 

 (b) Which requires or changes: 

 (1) A determination of an emission limitation on a case-by-case basis; 

 (2) A determination of ambient impact for any temporary source; or 

 (3) A visibility or increment analysis; 

 (c) Which would establish or change a condition of the operating permit and which is 

requested or assumed by the owner or operator of the stationary source in order to avoid any 

applicable requirement; 

 (d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part 60, as adopted pursuant to NAC 445B.221; 

or 

 (e) Subject to 42 U.S.C. § 7412. 

 2. An application for a significant revision must comply with the requirements for an 

application for a Class I operating permit set forth in NAC 445B.295, 445B.297 and 445B.3368, 

including public participation and comment and a review by any affected states and the 

Administrator pursuant to NAC 445B.3395. 

 3. An application for a significant revision must be accompanied by the fee set forth in 

NAC 445B.327. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 

10-30-95, eff. 1-11-96; R105-97, 3-5-98; R103-02, 12-17-2002) 

 NAC 445B.3441 Administrative revision of permit to incorporate conditions of certain 

permits to construct. 

 1. To modify a Class I stationary source in accordance with subsection 7 of NAC 445B.3361, 

the owner or operator of the Class I stationary source must submit an application for an 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-70
administrative revision to a Class I operating permit to incorporate the conditions of a Class I 

operating permit to construct into the existing Class I operating permit for the Class I stationary 

source. 

 2. The Director shall issue a revised Class I operating permit or deny the application for an 

administrative revision to a Class I operating permit within the timelines established for 

processing an application for a Class I operating permit to construct as specified in NAC 

445B.3364. 

 3. An application for an administrative revision to a Class I operating permit must comply 

with the requirements for an application for a Class I operating permit set forth in NAC 

445B.295, 445B.297 and 445B.3368, and the requirements relating to public participation and 

comment and a review by any affected states and the Administrator pursuant to NAC 445B.3395. 

 4. An application for an administrative revision to a Class I operating permit must be 

accompanied by the appropriate fee set forth in NAC 445B.327. 

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004) 

NAC 445B.3443 [445.713] Renewal of permit. 

 1. All Class I operating permits must be renewed 5 years after the date of issuance. 

 2. A complete application for the renewal of a Class I operating permit must be submitted to 

the Director on the form provided by the Director with the appropriate fee at least 240 days, but 

no earlier than 18 months, before the expiration date of the current Class I operating permit for 

stationary sources. 

 3. Applications for the renewal of a Class I operating permit must comply with 

all requirements for the issuance of an initial Class I operating permit as specified in 

NAC 445B.3395. 

 4. If an application for the renewal of a Class I operating permit is submitted in accordance 

with subsection 2, the stationary source may continue to operate under the conditions of the 

existing Class I operating permit until the Class I operating permit is renewed or the application 

for renewal is denied. If an application is not submitted in accordance with subsection 2, the 

stationary source may be required to cease operation when the Class I operating permit expires, 

and may not recommence the operation until the Class I operating permit is renewed. 

 5. The fee for the renewal of a Class I operating permit is as specified in NAC 445B.327. 

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

(NAC A 12-15-88; 12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R040-

01, 10-25-2001; R103-02, 12-17-2002; R198-03, 4-26-2004) 

Class II Operating Permits 

NAC 445B.3453 Application: General requirements.

 1. An owner or operator of any stationary source that is not subject to the requirements of 

NAC 445B.337 or 445B.3375 must submit an application for and obtain a Class II operating 

permit or, if applicable, a Class III operating permit pursuant to NAC 445B.3485. 

 2. For a proposed stationary source or a proposed modification to a stationary source that is 

not subject to the requirements of NAC 445B.337 or 445B.3375, an owner or operator must file 

an application and obtain a Class II operating permit or a revision to an existing Class II 

operating permit or, if applicable, a Class III operating permit or a revision to an existing 

Class III operating permit pursuant to NAC 445B.3485, before commencing construction of the 

proposed stationary source or the proposed modification. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.3457 [445.407] Application: Determination of completeness by Director. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-71
 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days 

after the date of receipt of an application for a Class II operating permit or for the revision of a 

Class II operating permit, the Director shall determine if the application is complete. If 

substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine the application to be complete. Unless the Director 

determines that the application is incomplete within 10 working 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 Director determines that the application is complete or 11 working days after the date 

of receipt, whichever is earlier. 

 2. If, after the official date of submittal, the Director discovers that additional information is 

required to act on the application, the Director may request additional information necessary to 

determine whether the proposed operation will comply with all of the requirements set forth in 

NAC 445B.001 to 445B.3497, inclusive. The applicant must provide in writing any additional 

information that the Director requests within the time specified in the request of the Director. 

Any delay in the submittal of the requested information will result in a corresponding delay in 

the action of the Director on the application submitted to the Director. 

 3. If notice to the public is not required pursuant to subsection 5, the Director shall issue or 

deny a Class II operating permit or the revision of a Class II operating permit within 60 days 

after the official date of submittal of the application for the Class II operating permit or for the 

revision of the Class II operating permit.

 4. If notice to the public is required pursuant to subsection 5, the Director shall:

 (a) Make a preliminary determination to issue or deny a Class II operating permit or the 

revision of a Class II operating permit within 60 days after the official date of submittal of the 

application for the Class II operating permit or for the revision of the Class II operating permit;

 (b) Take such action as is necessary to ensure compliance with the provisions of subsections 5 

to 7, inclusive, as applicable; and

 (c) Issue or deny the Class II operating permit or the revision of the Class II operating permit 

within the period set forth in subsection 8.

 5. If after review of an application for a Class II operating permit or for the revision of a 

Class II operating permit, the Director determines that the change to the stationary source results 

in a significant change in air quality at any location where the public is present on a regular 

basis: 

 (a) The Director’s preliminary determination to issue or deny the Class II operating permit or 

the revision of the Class II operating permit, and the proposed conditions for the Class II 

operating permit or the proposed conditions for the revision of the Class II operating permit 

must, within 10 working days after the Director makes that preliminary determination, be made 

public and maintained on file with the Director during normal business hours at 333 West Nye 

Lane, Carson City, Nevada, for 30 days to enable public participation and comment; and 

 (b) The Director shall:

 (1) Cause to be published a notice in a newspaper of general circulation in the area in 

which the Class II source is located;

 (2) Provide written notice to persons on a mailing list developed by the Director, including 

those persons who request in writing to be included on the list;

 (3) Provide notice by other means if necessary to ensure that adequate notice is given to 

the public; and

 (4) Establish a 30-day period for public participation.

 6. The notice required pursuant to paragraph (b) of subsection 5 must include:

 (a) The name of the affected facility and the name and address of the applicant;

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-72
 (b) The name and address of the state agency processing the Class II operating permit or the 

revision of the Class II operating permit;

 (c) The name, address and telephone number of a representative from the state agency that is 

processing the Class II operating permit or the revision of the Class II operating permit from 

whom interested persons may obtain additional information, including copies of:

 (1) The application;

 (2) The proposed conditions for the Class II operating permit or the proposed conditions 

for the revision of the Class II operating permit;

 (3) All relevant supporting materials; and

 (4) All other materials which are available to the state agency that is processing the Class 

II operating permit or the revision of the Class II operating permit and which are relevant to the 

determination of the issuance of the Class II operating permit or the revision of the Class II 

operating permit;

 (d) A description of the proposed new Class II source or the proposed modification to the 

existing Class II source and a summary of the emissions involved;

 (e) The date by which comments must be submitted to the Director;

 (f) A summary of the impact of the proposed new Class II source or the proposed 

modification to the existing Class II source on the quality of air; and

 (g) A brief description of the procedures for public participation and the time and place of any 

hearing that may be held, including a statement of the procedures to request a hearing.

 7. All comments concerning the applications for which notice to the public is required to be 

provided pursuant to this section must be submitted in writing to the Director within the time 

specified in the notice. The Director shall give notice of any public hearing scheduled pursuant to 

this section at least 30 days before the date of the hearing. The Director shall keep a record of the 

names of any persons who made comments and of the issues raised during the process for public 

participation.

 8. If an application for a Class II operating permit or for the revision of a Class II operating 

permit is submitted for a Class II source that is subject to the notice requirements set forth in 

subsection 5, the Director shall issue or deny the Class II operating permit or the revision of the 

Class II operating permit within 30 days after the close of the period for public participation or 

30 days after the hearing if a hearing is scheduled pursuant to this section, whichever occurs 

later. The Director shall make his decision by taking into account:

 (a) Written comments from the public;

 (b) The comments made during public hearings concerning the application and the Director’s 

preliminary determination for issuance or denial;

 (c) Information submitted by proponents of the project; and

 (d) The effect of such a facility on the maintenance of the State and national ambient air 

quality standards contained in NAC 445B.22097 and the control strategy contained in the air 

quality plan.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-

26-2004) 

NAC 445B.346 Required contents of permit. In addition to the conditions set forth in 

NAC 445B.315, Class II operating permits must contain, as applicable: 

 1. Emission limitations and standards, including those operational requirements and 

limitations that ensure compliance with the conditions of the operating permit. 

 2. All requirements for monitoring, testing and reporting that apply to the stationary source. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-73
 3. A requirement that the owner or operator of the stationary source promptly report any 

deviations from any requirements of the operating permit. 

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios 

identified by the owner or operator of the stationary source in his application and approved by 

the Director. Such terms and conditions must require the owner or operator to keep a 

contemporaneous log of changes from one alternative operating scenario to another. 

 5. A schedule of compliance for stationary sources that are not in compliance with any 

applicable requirement or NAC 445B.001 to 445B.3497, inclusive, at the time the operating 

permit is issued, including: 

 (a) Semiannual progress reports and a schedule of dates for achieving milestones; 

 (b) Prior notice of and explanations for missed deadlines; and 

 (c) Any preventive or corrective measures taken. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96)—(Substituted in revision for NAC 445B.317) 

NAC 445B.3465 Application for revision. 

 1. The owner or operator of a stationary source with a Class II operating permit may 

request, on an application form provided by the Director, a revision of the operating permit to 

allow for a modification to the stationary source. 

 2. An application for a revision of a Class II operating permit must include: 

 (a) The name and address of the owner or operator of the stationary source; 

 (b) The location of the stationary source; 

 (c) A description of: 

 (1) The existing emission units undergoing the modification and the applicable control 

systems; and 

 (2) The proposed modification to such emission units; 

 (d) The emission rates from the existing emission units of each regulated air pollutant to 

which a standard applies which exist at the time of the application before the modification and 

which would exist after the modification takes place; 

 (e) A description of any proposed new emission units and applicable control systems; 

 (f) The potential to emit of the proposed new emission units for each regulated air pollutant 

to which a standard applies; 

 (g) A description of the procedures and methods used to determine the emission rates; 

 (h) A discussion of all applicable requirements to which the new or modified operations will 

be subject; 

 (i) An explanation of any proposed exemption from any applicable requirement; 

 (j) An environmental evaluation conducted in accordance with NAC 445B.308, 445B.310, 

445B.311 and 445B.3135; and 

 (k) Any other information that the Director determines is necessary to process the application 

and issue a Class II operating permit pursuant to NAC 445B.001 to 445B.3497, inclusive , and 

sections 2 to 5, inclusive, of this regulation. 

 (Added to NAC by Environmental Comm’n by R105-97, eff. 3-5-98; NAC A by R103-02, 

12-17-2002) 

NAC 445B.3473 [445.713] Renewal of permit. 

 1. All Class II operating permits must be renewed 5 years after the date of issuance. 

 2. A complete application for renewal of a Class II operating permit must be submitted to 

the Director on the form provided by the Director with the appropriate fee at least 70 days before 

the expiration date of the current Class II operating permit. 

 3. An application for the renewal of a Class II operating permit must comply with 

all requirements for the issuance of an initial Class II operating permit as specified in 

NAC 445B.3457. 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-74
 4. If an application for the renewal of a Class II operating permit is submitted in accordance 

with subsection 2, the stationary source may continue to operate under the conditions of the 

existing Class II operating permit until the permit is renewed or the application for renewal is 

denied. If such an application is not submitted in accordance with subsection 2, the stationary 

source may be required to cease operation when the Class II operating permit expires and may 

not recommence the operation until the Class II operating permit is renewed. 

 5. The fee for the renewal of a Class II operating permit is as specified in NAC 445B.327. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-

26-2004) 

NAC 445B.3477 Class II general permit. 

 1. The Director may issue a Class II general permit covering numerous similar stationary 

sources. 

 2. A Class II general permit must set forth the criteria by which stationary sources may 

qualify for the Class II general permit. 

 3. After the effective date of a Class II general permit, the owner or operator of any 

stationary source that meets the criteria set forth in the Class II general permit may request 

authority to operate under the Class II general permit. The request must be in writing and must 

include all the information required by the Class II general permit. 

 4. The Director shall grant or deny authority to operate under a Class II general permit 

within 30 days after his receipt of a request for such authority. The Director’s decision to grant or 

deny an application for authority to operate under the terms of a Class II general permit is not 

subject to the requirements of NAC 445B.3457. 

 5. A person may challenge the provisions of a Class II general permit only at the time the 

Class II general permit is issued. The Director’s grant or denial of authority to operate under a 

Class II general permit to a stationary source or stationary sources does not provide an 

opportunity for an administrative review or a judicial review of the Class II general permit. 

 6. The Director shall not grant authority to operate under a Class II general permit to an 

affected source. 

 7. The term of a Class II general permit is 5 years. 

 8. The authority to operate under a Class II general permit expires after 5 years. An owner 

or operator of a stationary source operating under the authority of a Class II general permit shall 

apply to renew his authority to operate under the Class II general permit at least 30 days before 

his authorization expires. 

 9. A stationary source which obtains authorization to operate under a Class II general permit 

but is later determined not to qualify under the conditions of the Class II general permit may be 

subject to an action enforcing the prohibition against operating without a permit. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

Class III Operating Permits 

NAC 445B.3485 Application: General requirements. 

 1. If a stationary source operating under a Class II operating permit is a Class III source, as 

defined in NAC 445B.038, the owner or operator of the stationary source may submit an 

application with the appropriate fee and obtain a Class III operating permit for the stationary 

source. 

 2. If a new stationary source is a Class III source, as defined in NAC 445B.038, the owner 

or operator of the new stationary source may submit an application with the appropriate fee and 

obtain a Class III operating permit for the new stationary source. An operating permit must be 

obtained before commencing construction on a new stationary source. 

 3. An owner or operator of a proposed modification to a stationary source that meets the 

requirements for a Class III source, as that term is defined in NAC 445B.038, may submit an 

application for and obtain a Class III operating permit for the stationary source, proposed 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-75
stationary source or proposed modification to a stationary source. Such an owner or operator 

shall not commence construction of the proposed modification to the stationary source before 

filing an application for and obtaining a Class III operating permit. 

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; NAC A by 

R103-02, 12-17-2002) 

NAC 445B.3487 [445.707] Application: Determination of completeness by Director. 

 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days 

after the date of receipt of an application for a Class III operating permit or for the revision of a 

Class III operating permit, the Director shall determine if the application is complete. If 

substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine the application to be complete. Unless the Director 

determines that the application is incomplete within 10 working 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 Director determines that the application is complete or 11 working days after the date 

of receipt, whichever is earlier. The Director shall issue or deny a Class III operating permit or 

the revision of a Class III operating permit within 30 days after the submittal of the application. 

 2. If, after the official date of submittal, the Director discovers that additional information is 

required to act on the application, the Director may request additional information necessary to 

determine whether the proposed operation will comply with all of the requirements set forth in 

NAC 445B.001 to 445B.3497, inclusive. The applicant must provide in writing any additional 

information that the Director requests within the time specified in the request of the Director. 

Any delay in the submittal of the requested information will result in a corresponding delay in 

the action of the Director on the application submitted to the Director. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

NAC 445B.3489 Required contents of permit. In addition to the conditions set forth in 

NAC 445B.315, Class III operating permits must contain, as applicable: 

 1. Emission limitations and standards, including those operational requirements and 

limitations that ensure compliance with the conditions of the Class III operating permit. 

 2. All requirements for monitoring, testing and reporting that apply to the stationary source. 

 3. A requirement that the owner or operator of the stationary source promptly report any 

deviations from any requirements of the Class III operating permit. 

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios 

identified by the owner or operator of the stationary source in his application and approved by 

the Director. Such terms and conditions must require the owner or operator to keep a 

contemporaneous log of changes from one alternative operating scenario to another. 

 5. A schedule of compliance for stationary sources that are not in compliance with any 

applicable requirement or NAC 445B.001 to 445B.3497, inclusive, at the time the Class III 

operating permit is issued, including: 

 (a) Semiannual progress reports and a schedule of dates for achieving milestones; 

 (b) Prior notice of and explanations for missed deadlines; and 

 (c) Any preventive or corrective measures taken. 

 6. Requirements for compliance certification which reflect the terms and conditions of the 

Class III operating permit. A compliance certification must include: 

 (a) An identification of each term or condition of the Class III operating permit that is the 

basis of the certification; 

 (b) The status of the stationary source’s compliance with any applicable requirement; 

 (c) A statement of whether compliance was continuous or intermittent; 

 (d) The method used for determining compliance; and 

 (e) Any other facts that the Director deems necessary to determine compliance. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-76
NAC 445B.3493 Application for revision. 

 1. The owner or operator of a stationary source with a Class III operating permit may apply, 

on a form provided by the Director, for a revision of the operating permit. 

 2. An application for a revision of a Class III operating permit for a stationary source must 

include: 

 (a) The name and address of the owner or operator of the stationary source; 

 (b) The location of the stationary source; 

 (c) A description of: 

 (1) The existing emission units undergoing modification and the applicable control 

systems; and 

 (2) The proposed modifications to those emission units; 

 (d) A description of any proposed new emission units and applicable control systems; 

 (e) The potential to emit for each proposed new and existing emission unit for each regulated 

air pollutant to which a standard applies; and 

 (f) Any other information that the Director determines is necessary to process the application 

and issue a revised Class III operating permit in accordance with NAC 445B.001 to 445B.3497, 

inclusive. 

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001)—(Substituted in 

revision for NAC 445B.348) 

NAC 445B.3497 [445.713] Renewal of permit. 

 1. All Class III operating permits must be renewed 5 years after the date of issuance. 

 2. A complete application for renewal of a Class III operating permit must be submitted to 

the Director on the form provided by the Director with the appropriate fee at least 40 days before 

the expiration date of the current permit for the Class III source. 

 3. An application for the renewal of a Class III operating permit must comply with all 

requirements for the issuance of an initial Class III operating permit as specified in 

NAC 445B.3487. 

 4. If an application for the renewal of a Class III operating permit is submitted in 

accordance with subsection 2, the stationary source may continue to operate under the conditions 

of the existing Class III operating permit until the permit is renewed or the application for the 

renewal of the Class III operating permit is denied. If an application is not submitted in 

accordance with subsection 2, the stationary source may be required to cease operation when the 

Class III operating permit expires and may not recommence the operation until the Class III 

operating permit is renewed. 

 5. The fee for the renewal of a Class III operating permit is as specified in NAC 445B.327. 

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-

26-2004) 

This document is based on the January 2005 Legislative Counsel Bureau codification of Nevada Administrative Code Chapter 445B. 

Permanent amendments adopted 10/04/05 are incorporated, but the adoption action is not yet recorded in the historical notes at the 

end of each NAC section. 

 December 2005 

445B-77