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P R O P O S E D N E V A D A A D M I N I S T R A T I V E C O D E ( N A C )

A S I P U P D A T E

, F E B R U A R Y 2 0 0 5 ncluding ermanent mendments dopted 0-05 I n c l u d i n g P e r m a n e n t A m e n d m e n t s A 1

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 Defi nition s........................................................................................................... .......................................... 6

445B.002 “Act” define d......................................................................................................... ....................................... 6 445B.003 “Adjacent prop erties” de fined. ........................................................................................ ........................... 6

445B.0035 “Administrative revision to a Class I operati ng permit” . ............................................................ ............ 6
445B.004 “Administr ator” de fined. .............................................................................................. ......................... 6

445B.005 “Affected fa cility” de fined........................................................................................... ................................ 6

445B.006 “Affected so urce” de fined............................................................................................. ............................... 6

445B.007 “Affected st ate” de fined.............................................................................................. ................................. 6 445B.009 “Air-conditioning equipment” define d.................................................................................. ..................... 7 445B.011 “Air pollu tion” de fined............................................................................................... ................................. 7

445B.013 “Allowable emi ssions” de fined......................................................................................... ........................... 7

445B.014 “Alterati on” defi ned. ................................................................................................. .................................. 7

445B.015 “Alternative method” de fined.......................................................................................... ........................... 7 445B.016 “Alternative operating scenarios” defi ned............................................................................. .................... 7

445B.018 “Ambient air” de fined. ................................................................................................ ................................ 7 445B.019 “Applicable re quirement” define d. ..................................................................................... ....................... 8

445B.021 “Area sour ce” defi ned. ................................................................................................ ................................ 8 445B.022 “Atmosph ere” defi ned. ................................................................................................. ............................... 8

445B.028 “Best available contro l technology ” defi ned. .......................................................................... ................... 8

445B.030 “British therm al units” define d. ...................................................................................... ........................... 8 445B.035 “Class I-B appl ication” define d. ...................................................................................... ........................... 9

445B.036 “Class I so urce” de fined. ............................................................................................. ................................ 9

445B.037 “Class II so urce” de fined............................................................................................. ................................ 9

445B.038 “Class III so urce” de fined. ........................................................................................... ............................... 9

445B.041 “Clean unit” de fined ................................................................................................ .................................. 9

445B.042 “Combustible refuse” de fined.......................................................................................... ........................... 9

445B.0425 “Commissi on” defi ned................................................................................................. ................................ 10

445B.044 “Constructio n” defi ned. .............................................................................................. ................................ 10 445B.046 “Contiguous pr operty” de fined......................................................................................... .......................... 10

445B.047 “Continuous monito ring system ” defi ned................................................................................ .................. 10 445B.051 “Day” define d......................................................................................................... ...................................... 10

445B.053 “Director ” defi ned. ................................................................................................... ................................... 10

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

445B.055 “Effective date of the program” defi ned. .............................................................................. ..................... 11 445B.056 “Emergen cy” defi ned................................................................................................... ................................ 11

445B.058 “Emission ” defi ned. ................................................................................................... .................................. 11

445B.059 “Emission unit” de fined............................................................................................... ................................ 12

This document is based on the January 2005 Legi slative 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-1445B.060 “Enforceabl e” defi ned. ................................................................................................ ................................ 12

445B.061 “EPA” define d......................................................................................................... ..................................... 12 445B.062 “Equivalent me thod” de fined........................................................................................... ........................... 12

445B.063 “Excess emi ssions” de fined............................................................................................ .............................. 12 Sec. 3. "Excessive concentration" defined. ............................................................................................................ 12 445B.066 “Existing stationa ry source” define d.................................................................................. ........................ 13

445B.068 “Facilit y” defined.................................................................................................... ..................................... 13 445B.069 “Federally enfo rceable” de fined. ...................................................................................... .......................... 14 445B.070 “Federally enforceable emissions cap” defi ned. ........................................................................ ................ 14

445B.072 “Fuel” defi ned.

....................................................................................................... ...................................... 14 445B.073 “Fuel-burning e quipment” define d. ..................................................................................... ...................... 14 445B.075 “Fugitive dust” de fined............................................................................................... ................................. 14 445B.077 “Fugitive emis sions” de fined.......................................................................................... ............................. 14 445B.080 “Garbage ” defi ned. .................................................................................................... .................................. 14 445B.082 “General pe rmit” de fined.............................................................................................. .............................. 14 Sec. 4. "Good engineering pr actice stack height" defined. .................................................................................... 14

445B.084 “Hazardous air pollutant” define d. .................................................................................... ........................ 15

445B.086 “Incinerato r” defi ned. ................................................................................................ ................................. 15

445B.087 “Incremen t” defi ned. .................................................................................................. ................................. 15 445B.091 “Local air pollution control agency” defi ned.......................................................................... ................... 15

445B.093 “Major modifica tion”defined. .................................................................................................. .................. 15 445B.094 “Major so urce” de fined. ............................................................................................... ............................... 16

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

445B.095 “Malfuncti on” defi ned................................................................................................. ................................ 16

445B.097 “Maximum allowable throughput” define d................................................................................ ............... 16

445B.099 “Modificat ion” de fined. ............................................................................................... ................................ 17 445B.103 “Monitoring device” de fined........................................................................................... ............................ 17

445B.104 “Motor vehi cle” de fined. .............................................................................................. ............................... 17 445B.106 “Multiple chamber incinerator” defi ned................................................................................ .................... 17 Sec. 5. "Nearby" defined.

.............................................................................................................................. .......... 17 445B.108 “New stationary source” defined. ...................................................................................... ......................... 18 445B.109 “Nitrogen oxi des” de fined. ............................................................................................ .............................. 18

445B.112 “Nonattainment area” de fined.......................................................................................... .......................... 18

445B.113 “Nonroad en gine” de fined.............................................................................................. ............................. 18

445B.1135 “Nonroad ve hicle” de fined. ........................................................................................... .............................. 18

445B.116 “Odor” defi ned........................................................................................................ ..................................... 18

445B.117 “Offset ” defi ned.

..................................................................................................... ..................................... 18 445B.119 “One-hour p eriod” de fined. ............................................................................................ ............................ 18 445B.121 “Opacity ” defi ned. .................................................................................................... ................................... 19 445B.122 “Open burni ng” defi ned................................................................................................ .............................. 19 445B.123 “Operating permit” de fined............................................................................................ ............................ 19 445B.124 “Operating permit to construct” defi ned............................................................................... .................... 19

445B.125 “Ore” define d. ........................................................................................................ ...................................... 19 445B.127 “Owner or op erator” de fined........................................................................................... ........................... 20

445B.129 “Particulate matter” de fined.......................................................................................... ............................. 20 445B.130 “Pathological wastes” de fined......................................................................................... ............................ 20

445B.134 “Person ” defi ned.

..................................................................................................... .................................... 20

445B.1345 “Plantwide applicability limitation” defined

. ........................................................................................... 20

445B.135 “PM 10 ” defined...................................................................................................................... ....................... 20

445B.136 “Pollution contro l project" de fined. ................................................................................. ......................... 20

445B.138 “Potential to emit” de fined........................................................................................... ............................... 20 445B.142 “Prevention of significant dete rioration of air quality” de fine d. ..................................................... ........ 21 445B.144 “Process equi pment” de fined. .......................................................................................... ........................... 21

445B.145 “Process we ight” de fined.............................................................................................. ............................... 21 445B.147 “Program ” defi ned..................................................................................................... .................................. 21

445B.151 “Reference condi tions” de fined........................................................................................ ........................... 21

445B.152 “Reference me thod” de fined. ........................................................................................... ........................... 21 445B.153 “Regulated air pollutant” define d. .................................................................................... ......................... 21 445B.154 “Renewal of an op erating permit ” defi ned. ............................................................................. .................. 22 445B.156 “Responsible official” define d........................................................................................ ............................. 22 445B.157 “Revision of an op erating permit ” defi ned. ............................................................................ ................... 22

445B.161 “Run” define d. ........................................................................................................ ..................................... 22

This document is based on the January 2005 Legi slative 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-2445B.163 “Salvage opera tion” de fined........................................................................................... ............................. 22

445B.167 “Shutdown ” defi ned.................................................................................................... ................................. 23 445B.168 “Single chamber in cinerator” define d.................................................................................. ...................... 23

445B.174 “Smoke ” defi ned.

...................................................................................................... ................................... 23

445B.176 “Solid wa ste” de fined................................................................................................. .................................. 23

445B.177 “Source” defi ned.

..................................................................................................... .................................... 23

445B.178 “Source reduc tion” de fined............................................................................................ ............................. 23 445B.179 “Special mobile equipment” define d. ................................................................................... ...................... 23 445B.180 “Stack” and “chimney” de fine d......................................................................................... ......................... 23

445B.182 “Standard ” defi ned.................................................................................................... .................................. 24

445B.185 “Start- up” defi ned. ................................................................................................... ................................... 24 445B.187 “Stationary source” de fined........................................................................................... ............................. 24 445B.194 “Temporary source” de fined. ........................................................................................... .......................... 24 445B.196 “Toxic regulated ai r pollutant” defi ned. .............................................................................. ...................... 24

445B.198 “Uncombined water” de fined............................................................................................ .......................... 24

445B.200 “Violati on” defi ned. .................................................................................................. ................................... 25 445B.202 “Volatile organic compounds” define d.................................................................................. ..................... 25

445B.205 “Waste” define d. ...................................................................................................... .................................... 25 445B.207 “Wet garb age” defi ned. ................................................................................................ ............................... 25

445B.209 “Year” defi ned. ....................................................................................................... ..................................... 25

445B.211 Abbrev iation s. ........................................................................................................ ...................................... 25

General Provisions

445B.22017 Visible emissions: Maxi mum opacity; de terminat ion ................................................................... ............ 26 445B.22017 Visible emissions: Maximum opacity; dete rmination. [Effective when conditions in note are fulfilled] ................................................................................................................. ......................... 26 445B.2202 Visible emissions: Exceptions for statio nary sources. [Effective through February 28, 2006] .......................................................................................................................... ............................ 27 445B.2202 Visible emissions: Exceptions for statio nary sources. [Effective March 1, 200 6]. .................................. 27 445B.2202 Visible emissions: Exceptions for stationa ry sources. [Effective when conditions in note

are fulf illed]. ................................................................................................................ ......................... 27 445B.22027 Emissions of particulate matter: M aximum allowable throug hput for calculating

emissions rates................................................................................................................ ...................... 28 445B.2203 Emissions of particulate matter: Fuel-burni ng equi pment.............................................................. ......... 28 445B.22033 Emissions of particulate matt er: Sources not ot herwise li mited. ..................................................... ........ 28 445B.22037 Emissions of particul ate matter: Fu gitive dust.

..................................................................... .................... 29

445B.2204 “Sulfur emi ssion” de fined............................................................................................ ................................ 29

445B.22043 Sulfur emissions: Calculat ion of total f eed sulf ur.................................................................. .................... 29

445B.22047 Sulfur emissions: Fu el-burning equipm ent............................................................................ .................... 29 445B.2205 Sulfur emissions: Other pr ocesses which em it sulfur.................................................................. .............. 30 445B.22067 Open burning

. ....................................................................................................... ....................................... 31

445B.2207 Incinera tor burni ng. ................................................................................................. ................................... 31 445B.22083 Construction, major modifica tion or relocation of plants to generate electricity using steam produced by burni ng of fossil fuels...................................................................................... .... 32

445B.2209 Reduction of animal ma tter........................................................................................... .............................. 32 445B.22093 Organic solvents and other volatile compo unds.

...................................................................... ................. 32 445B.22097 Standards of qua lity for ambi ent air. ............................................................................... .......................... 33 445B.227 Prohibited conduct: Operation of sou rce without required equipment; removal or modification of required equipment; modi fication of required procedure. .................................... 34

445B.230 Plan for reducti on of em ission s....................................................................................... ............................ 35 445B.250 Notification of planned co nstruction or re construc tion. ............................................................... ............ 35 445B.252 Testing and samp ling.................................................................................................. ................................. 35 445B.256 Monitoring systems: Calibration, opera tion and maintenance of equipm ent......................................... 36 445B.257 Monitoring sy stems: Lo cation.......................................................................................... ........................... 37 445B.258 Monitoring systems: Verifi cation of operati onal st atus. ............................................................... ............ 37 445B.259 Monitoring systems: Performance ev aluati ons.

.......................................................................... ............... 37 445B.260 Monitoring systems: Components cont racted for before Se ptember 11, 1974........................................ 37 445B.261 Monitoring syst ems: Adju stment s. ...................................................................................... ....................... 38 445B.262 Monitoring systems: Measurement of opacity............................................................................ ............... 38 445B.263 Monitoring systems: Frequency of operati on. ........................................................................... ................ 39 445B.264 Monitoring systems: Recordation of da ta. .............................................................................. ................... 39

This document is based on the January 2005 Legi slative 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-3445B.265 Monitoring system s: Records; repo rts. ................................................................................. ..................... 39 445B.267 Alternative monitoring procedures or requiremen ts. .................................................................... ........... 40

Operating Permits Generally

445B.287 Operating permits: General requirements; exception; restrictions on transf ers.................................... 41 445B.288 Operating permits: Exemptions from re quirements; insignific ant activiti es.......................................... 41 445B.295 Application: Ge neral requi rements..................................................................................... ....................... 43 445B.297 Application: Submission of application a nd supplementary or corre cted inform ation. ........................ 44 445B.298 Application: Offici al date of submi ttal............................................................................... ........................ 44 445B.305 Operating permits: Imposition of more stringent standard s for emissi ons............................................. 4 4 445B.308 Prerequisites and condi tions for issuance of operati ng permits: Environmental evaluation; compliance with control strategy; exemption from environmental

evaluati on..................................................................................................................... ......................... 44

445B.310 Environmental evaluati on: Applicable sour ces. ......................................................................... ............... 45

445B.311 Environmental evaluati on: Required informat ion........................................................................ ............ 46 445B.313 Method for determining he at input: Cla ss I sou rces.................................................................... ............. 47 445B.3135 Method for determining he at input: Class II sources. ................................................................. ............. 47 445B.314 Method for determining he at input: Class III sou rces.................................................................. ............ 48 445B.315 Contents of operating permits: Exception for operating permits to construct; required

conditions..................................................................................................................... ......................... 48 445B.318 Operating permits: Separate permit requi red for each source; form of application; issuance or denial of perm it; posting of permit. ............................................................................... . 49 445B.319 Operating permits: Ad ministrative amendm ent. .......................................................................... ............ 49 445B.325 Operating permits: Termination, reopeni ng and revision, revision, or revocation and

reissuance..................................................................................................................... ......................... 50 445B.326 Operating permits: Assertion of emerge ncy as affirmative defense to action for noncompliance.................................................................................................................. .................... 50 445B.331 Request for change of location of em ission unit....................................................................... .................. 50

Class I Operating Permits

445B.3361 General requireme nts................................................................................................. ................................. 51 445B.3363 Operating permit to construct: A pplicat ion. .......................................................................... ................... 52 445B.33633 Operating permit to construct for designation of clea n unit: App lication ............................................ .. 53 445B.33635 Operating permit to construct for approval of pollution control pr oject: Applic ation.......................... 54 445B.33637 Operating permit to construct for approval of plantwide applicability

limitation:A pplication......................................................................................................... ................. 54 445B.3364 Operating permit to construct: Review of application and determination of completeness by director; notice. ........................................................................................................... .................... 55 445B.3365 Operating permit to co nstruct: Required conditi ons. .................................................................. ............. 58 445B.33653 Operating permit to construct for desi gnation of clean unit: Required conditions and

informat ion .................................................................................................................... ....................... 59 445B.33656 Operating permit to construct for a pproval of plantwide applicability limitation: Required conditions and inform ation............................................................................................ ..... 60 445B.3366 Operating permit to cons truct: Expirati on; exte nsio n................................................................. ............. 61 445B.3368 Application: Additional requirements; excepti on. ..................................................................... ............... 62 445B.3375 Class I-B applicat ion: Filing requirem ent............................................................................ ...................... 64 445B.3395 Review of application and determination of completeness by director; notice; expiration of permit...................................................................................................................... .......................... 65 445B.340 Prerequisites to issuance, revision or renewa l of permit.............................................................. ............. 68 445B.342 Revision of permit: Exception when making certain changes; notifica tion of ch anges. ......................... 68

445B.3425 Minor revisio n of p ermit. ............................................................................................ ................................ 68 445B.344 Significant revi sion of permit........................................................................................ .............................. 70 445B.3441 Administrative revision of permit to incorp orate conditions of certain permits to construct

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

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

Class II Operating Permits

445B.3453 Application: Ge neral requi rements.................................................................................... ........................ 71 445B.3457 Application: Determination of completeness by director. .............................................................. .......... 71

This document is based on the January 2005 Legi slative 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-4445B.346 Required conten ts of p ermit........................................................................................... ............................. 73 445B.3465 Applicatio n for rev ision............................................................................................. .................................. 74

445B.3473 Renewal of permit. ................................................................................................... .................................... 74 445B.3477 Class II ge neral permit. ............................................................................................. .................................. 75

Class III Operating Permits

445B.3485 Application: Ge neral requi rements.................................................................................... ........................ 75 445B.3487 Application: Determination of completeness by director. .............................................................. .......... 76 445B.3489 Required conten ts of p ermit.......................................................................................... .............................. 76 445B.3493 Applicatio n for rev ision............................................................................................. .................................. 77
445B.3497 Renewal of permit. ................................................................................................... .................................... 77

This document is based on the January 2005 Legi slative 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-5AIR 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 Environm ental 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 ot her or in close proximity. (Added to NAC by Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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 operati ng permit to construct. (Added to NAC by Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.004 “Administrator” defined. “Administrator” means the Administrator of the United States Environmental Protection Agen cy or the Administrator’s representative or delegate. [Environmental Comm’n, Air Quality Re g. § 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 s ource, any apparatus to which a standard is applicable. [Environmental Comm’n, Air Quality Re g. § 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 re lating to acid rain set forth in 42 U.S.C. §§ 7651 to 7651o,
inclusive. (Added to NAC by Environm ental 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 Legi slative 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 e quipment” 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 desi gned maximum capacity or at its actual maximum capacity, whichever is greater, except as reduced by any federally enforc eable limitations on its
emissions which are established: 1. By Nevada laws or regulations; 2. By any applicable requirement; or 3. By conditions of the sta tionary 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 produc tion or emission, whichever is most stringent. [Environmental Comm’n, Air Quality Re g. § 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 chan ge of the design, capacity, process, arrangement, operating hours or control apparatu s that will affect the kind or am ount 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 b een demonstrated to the satisfact ion of the director that, in specific cases, it produces results adequate to determine compliance. [Environmental Comm’n, Air Quality Re g. § 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 a pproved by the director as a c ondition or as c onditions 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, struct ures, 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)—(Substitu ted in revision for NAC 445.441)

This document is based on the January 2005 Legi slative 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-7NAC 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 st andards for ambient air es tablished in NAC 445B.22097; (b) Provided in the applicable implementati on 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 a dopted pursuant to 42 U.S.C. § 7429; (g) For consumer and commercial products or ta nk 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 opera tor has applied for an d 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 bu ildings 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 require d to raise the temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a consta nt, absolute pressure of 14.7 pounds per square inch (29.92 inches of mercury).

This document is based on the January 2005 Legi slative 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)—(Substitute d 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 requ irements of 42 U.S.C. §§ 7661 to 7661f, inclusive, but which is otherwise subject to the re quirements of NAC 445B.001 to 445B .3497, inclusive. The term does not include a stationary sour ce that is operating under a Cl ass 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 fo rth 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 PM 10 , NO

x , SO 2 , VOC and H 2 S; 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 pa rt of another sta tionary source; and 8. Whose owner or operator: (a) Is not seeking a limitation on emissions to av oid the requirements of 40 C.F.R. Part 63; or (b) Is not required to obtain an operating perm it 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 Environmen tal 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 Legi slative 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, inst allation 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 righ t-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 monitori ng emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanent r ecord of emissions or process parameters. [Environmental Comm’n, Air Quality Reg. § 1.4 4, 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 Re g. § 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 design ee or a person designated by or pursuant to a county or city ordi nance 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]—(Substitute d 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, co mbining exhaust gases from several existing

This document is based on the January 2005 Legi slative 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-10stacks 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, foll owing 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 pollu tant. This exclusion from th e definition of “dispersion techniques” applies only to the emission limitation for the pollutant affect ed 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 emis sion limitation was in existence before the merging, an increase in the quantity of pollutants actually emitted prior to the merging, th e Director shall presume that merging was significantly motivated by an in tent 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 Direct or shall deny credit for the effects of such merging in calculating the allo wable 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 emission s 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 Ad ministrator approves the program. (Added to NAC by Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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. Th e 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 th e atmosphere a regulated air pollutant or a gas stream which contains, or may contain, a regulated air pollutant.
2. The term includes the mate rial passed to the atmosphere.

This document is based on the January 2005 Legi slative 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 potentia l to emit any regulated air pollutant. [Environmental Comm’n, Air Quality Re g. § 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 Environmen tal Comm’n, eff. 10-14-82)—(S ubstituted in revision for NAC 445.5005)

NAC 445B.061 “EPA” defined. “EPA” means the United States Environmental Protection Agency. (Added to NAC by Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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 po llutant 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 lim itation 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 conditi on or conditions of the operating pe rmit, except that this does not preclude the use, including the exclusive use, of a ny credible evidence or information relevant to

the determination of whether a source would ha ve been in compliance with the applicable requirements if the appropriate performance or co mpliance 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 re vision for NAC 445.504)

Sec. 3. (eff. 11-01-05) “Excessive concentration” defined. “Excessive concentration” means, for the purpose of determinin g 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 regu lation, 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 individu ally 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 to tal concentration due to emissions from all sources that is greater than an ambient air quality standard. Fo r 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 terrai n features which individu ally is at least 40

This document is based on the January 2005 Legi slative 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-12percent in excess of the maximum concentr ation 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 standar d that is applicable to the source category unless the owner or operator demonstrates that th is emission rate is infeasible. Where such demonstrations are approved by th e Director, an alternative emissi on rate must be established in consultation with the source owner or operator. 2. For sources seeking credit after Oct ober 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, excep t 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 nuisanc e 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 m odel to verify good engineering pr actice 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 concentr ation 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 statio nary 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 gr oups 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 Administrato r 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, incl usive, 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 Legi slative 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 th e 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)—(Substitute d 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 transferre d from the products of combustion indirectly for the production of useful heat or power. 2. Direct heat transfer fuel-burning equipm ent which is any device used for the combustion of fuel in which heat is transferred from the pr oducts of combustion direc tly 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)—(Substitu ted in revision for NAC 445.517)

NAC 445B.075 “Fugitive dust” defined. “Fugitive dust” means emissions of solid, airborne particulate matter which could not re asonably 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 f unctionally equi valent 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 num erous 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 Legi slative 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 th e ground level elevation at the base of the stack; (b) A height determined as follows: (1) For stacks that commenced constr uction on or before January 12, 1979, and for which the owner or operator had obtained a ll applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 an d 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

H

g = 2.5H, so long as the owner or operator produ ces evidence that this equation was actually relied on in establishing an emission limitation; and (2) For all other stacks, the heig ht determined by use of the equation H g = H + 1.5L,

¬ except that the Director may re quire 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 mode l 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:

H

g = good engineering practice stack height, measured from the ground-level elevation at the base of the stack; H = height of nearby structures measured fr om the ground-level elevation at the base of the stack; and L = lesser dimension, height or proj ected 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 Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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 c ontain 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 Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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 distri ct 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 Legi slative 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 Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.094 “Major source” defined. 1. Except as otherwise provided in subsec tion 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 indus trial 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 obt ain 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 hazar dous 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 (PM 10 ) “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 whethe r a stationary source of a hazar dous air pollutant is a major
source. To determine whether a st ationary source is a major sour ce 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 pi peline 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 sour ce is a major source, the Director shall not consider the emissions from mobile sources subj ect to regulation under Title II of the federal Clean Air Act, 42 U.S.C. §§ 7521 to 7590, in clusive, 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 synony mous 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; R 105-97, 3-5-98; R117-00, 6-1-2001)

NAC 445B.0945 “Major stationary source” defined. “Major stationa ry source” has the meaning ascribed to it in 40 C.F.R. §52.21(b)(1). (Added to NAC by Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.095 “Malfunction” defined. “Malfunction” means any sudden and unavoidable failure of air polluti on 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 Legi slative 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-161. 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 un it 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 Environmen tal Comm’n, eff. 10-22-87)—(S ubstituted in revision for NAC 445.5435)

NAC 445B.099 “Modification” defined. “Modification” means any physical change in, or change in the method of operati on 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 emissi ons and process paramete rs which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclus ive, or NAC 445B.001 to 445B.601, inclusive, or as a condition of an operating permit. [Environmental Comm’n, Air Quality Re g. § 1.110, eff. 12-4-76]—( NAC A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96)—(Subs tituted 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, m achine, equipment contrivance, st ructure 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 sp ecific 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 demonstratio ns under paragraph (c) of subsection 1 of section 4 of this regulation, not greater than on e-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 featur e 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 Legi slative 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-17the ground-level elevation at the base of the stack. The height of th e structure or terrain feature is measured from the ground-lev el 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 commen ced construction or re construction 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 s ources, a stationary source or m odification for which an owner or operator has not submitted a complete applicatio n 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 meas ured by test methods approved by the EPA. [Environmental Comm’n, Air Quality Re g. § 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 nona ttainment 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 characterist ic of a regulated air pollutant which makes it perceptib le 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 grea ter 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 Legi slative 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 obscura tion. The relationship between opacity and Ringelmann number is approximately e qual 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 pass ing 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 sp ecifically stated, the te rm includes a Class I, a Class II and a Class III operating perm it 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 sign ed 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 modi fication to an existing Class I stationary source;
2. Includes the conditions whic h 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 perm it or for a modification of an existing Class I operating permit within 12 months af ter 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 combin ation 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 Legi slative 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-19NAC 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, orga ns 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 applicabilit y limitation” defined. (NRS 445B.210) “Plantwide applicability limitation” means a plan twide 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 Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.135 “PM ” defined. 10 “PM 10 ” 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 Environmen tal Comm’n, eff. 12-26-91)—(S ubstituted 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 Environmen tal 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 regula ted air pollutant under its physical and operational design. Any physical or operational limitation on th e capacity of a stationary source to emit a regulated air pollutant, including equipment for th e control of air polluti on 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 Legi slative 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-20combusted, 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 deteri oration 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 Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted in revision for NAC 445.5795)

NAC 445B.144 “Process equipment” defined. “Process equipment” means any equipment used for storing, handling, transp orting, processing or ch anging any material, excluding that equipment specifically defi ned 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 introdu ced 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 Ad ministrator 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 co rrected 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 pollu tant 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 standa rd 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 Legi slative 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 subjec t to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or 4. Any pollutant that otherwise is s ubject to regulation under th e 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 pr ecursor of an ai r 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 Environmen tal Comm’n, eff. 12-13-93)—(S ubstituted 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 representativ e of such a person who is res ponsible 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 ot her public agency, a rankin g elected official or a principal executive officer, including, for a fede ral 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, th e designated representa tive or his alternat e, 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 salvag ing or reclaiming of any product or material. [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; re numbered as § 1.161, 12-4-76]—(Substituted in revision for NAC 445.601)

This document is based on the January 2005 Legi slative 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-22NAC 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 serv es for ignition, combustion and ash removal of a design approved by the division of environmenta l protection of the state department of
conservation and natural resources. [Environmental Comm’n, Air Quality Re g. § 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 t ype waste consisting of a mixtur e of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles a nd 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” mean s 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 hea lth and the environment associated with the emission of the regulated air pollutant or pollutants. 2. The term includes modifications of equipm ent or technology, modifications of procedure or process, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or cont rol of inventory. 3. The term does not include any practice whic h alters the physical, ch emical 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, e ff. 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 regula ted air pollutant to the atmosphere.

This document is based on the January 2005 Legi slative 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 th e Administrator or the direct or pursuant to NAC 445B.001 to 445B.735, inclusive. [Environmental Comm’n, Air Quality Re g. § 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 sett ing 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, st ructures, facilities and installations, including temporary sources, which: (a) Belong to the same major indu strial 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 regulat ed 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 stati onary source are part of the stationary source, except that tempor ary construction activitie s, 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 Re g. § 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 locati on 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 Environm ental 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 Legi slative 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-24NAC 445B.200 “Violation” defined. “Violation” means a failure to comply with any of the provisions of NAC 445B.001 to 445B.3497, inclusive, any appl icable 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 Environmen tal Comm’n, eff. 10-22-87)—(S ubstituted 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 availa ble control technology

Btu ............................................................... British thermal unit C.F.R. .......................................................... Code of Federal Regulations

CO 2 .............................................................. carbon dioxide

° F ................................................................. degree Fahrenheit Hg................................................................ mercury

H 2 S .............................................................. hydrogen sulfide lb.................................................................. pound

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

NO x .............................................................. nitrogen oxides

O 2 ................................................................. oxygen ppm.............................................................. parts per million

SO 2 .............................................................. 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; R 105-97, 3-5-98; R040-01, 10-25-2001)

General Provisions

This document is based on the January 2005 Legi slative 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-25NAC 445B.22017 Visible emissions: Maxi mum 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 discha rge 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 determin ed by a visual measurement, it must be determined as set forth in Reference Method 9 in Appendi x A of 40 C.F.R. Part 60. (b) If a source uses a continuous monitori ng 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 uncombine d water. The burden of proof to establish the application of this exemption is upon the pe rson 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 mo nitoring opacity at a fac ility must be operated and maintained by the owner or op erator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inclusive. [Environmental Comm’n, Air Qualit y 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)—(Substitu ted 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 discha rge 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 measur ement, it must be determined as set forth in Reference Method 9 in Appendi x A of 40 C.F.R. Part 60. (b) If a source uses a continuous monitoring sy stem 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 th is section and NAC 445B.2202 [ and 445B.22023 ] do not apply to that part of the opacity that c onsists of uncombined water. The burden of proof to establish the application of this exemption is upon the pe rson seeking to come within the exemption. 3. If the provisions of 40 C.F.R. Part 60, S ubpart 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 mon itoring opacity at a facility must be operated and maintained by the owner or op erator 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 Legi slative 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 decr ee 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 wh ich this regulation is filed by the Legislative Counsel with the Secretary of State,

¬ whichever occurs later.

NAC 445B.2202 Visible emissions: Exception s 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 ha s written approval of the Commission;

3. Emissions from an inci nerator as set fort h in NAC 445B.2207; 4. Emissions of stationary diesel-power ed 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, e ff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, e ff. 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 ha s written approval of the Commission;

3. Emissions from an incine rator as set forth in NAC 445B.2207; or 4. Emissions of stationary diesel-power ed 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, e ff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, e ff. 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 tr aining air pollution contro l inspectors to observe visible emissions, if the facility ha s written approval of the Commission;

3. Emissions from an incinera tor 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, e ff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18- 80]—(NAC A by R065-03, 10-30-2003; R 198-03, 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 Legi slative 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 decr ee 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 wh ich 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 thr oughput to be used to calculate allowable emission rates must be the maximum pr ocess 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)—(Subs tituted 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 PM 10 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 gr eater 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 paragra phs (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 sour ces not otherwise incl uded in NAC 445B.22027 to 445B.22037, inclusive, shall not cause or permit PM 10 to be discharged from any emission unit into the atmosphere in excess of the allowabl e 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 = 4.10P 0.67

This document is based on the January 2005 Legi slative 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-283. When the maximum allowable throughput equals or exceeds 30 tons per hour, the maximum allowable weight discharged per hou r must be determined by using the following equation:

E = 55P 0.11 - 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 allowa ble throughput in tons per hour. [Environmental Comm’n, Air Quality Re g. §§ 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 controllabl e particulate matter to become airborne. 2. Except as otherwise provided in subs ection 4, no person may cause or permit the construction, repair, demolition, or use of unpaved or untreated areas w ithout first putting into effect an ongoing program using the best practi cal 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, wate ring, phased construction and revegetation. 3. Except as otherwise provide d in subsection 4, no person may disturb or cover 5 acres or more of land or its topsoil until he has obtaine d an operating permit for surface area disturbance to clear, excavate, or level the land or to depos it any foreign material to fill or cover the land. 4. The provisions of subsect ions 2 and 3 do not apply to: (a) Agricultural activities occu rring 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 Re g. §§ 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; re numbered 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, tota l feed sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose prod ucts of combustion and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes, roasters, converters, or other similar devi ces 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 Legi slative 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-291. No person may cause or permit the em ission 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 calculate d 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 allowa ble 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 emi ssion of sulfur must be calcula ted by the use of the following equations:

Liquid fuel Y = 0.4X
Solid fuel Y = 0.6X L (0.4X) + S (0.6X)
C ombination 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 allowa ble rate of emissions of sulfur in pounds per hour. (c) “L” means the percentage of total input of heat deri ved 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; renum bered 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 emi ssion of sulfur compounds where the sulfur originates in the materi al being processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the qua ntity determined by the following equation:

E = 0.292P 0.904

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 su lfur emission in pounds per hour. (b) “P” means the total feed sulfur, ex cluding 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 em issions must be the sum of t hose allowed by this section and
NAC 445B.22047. 4. Incinerators used solely for the c ontrol 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 Legi slative 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-30inclusive, 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 Re g. §§ 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 elim ination 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 wa ste, as described in NAC 444.640, is allowed if approved in advance by the Director. (c) Is allowed for agricultural purposes a nd management except where prohibited by local ordinances or regulations. (d) Is allowed at single-family residences locate d in all areas of the St ate except in and within 1 mile of the boundaries of Babbitt, Battle Mounta in, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yeringt on, and inside the limits of Carson City and in those portions of Lyon county that are within 1 mile of th e Carson City line. (e) Is allowed at single-family residences lo cated in and within 1 m ile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McG ill, 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 Stat e 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 contro lled at all times to eliminate fire hazards. [Environmental Comm’n, Air Quality Re g. 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 pe riods totaling 1 minut e 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 ga rbage or high moisture content material must be high temperature types with either grate or solid hearth construction, drying shelves for wet wastes a nd 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 an d maintenance procedures approved by the director must be posted conspicuous ly at or near the incinerator.
4. Allowable PM 10 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 Legi slative 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-315. Allowable PM 10 emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity must be calculate d using the following equation:

E = 0.6 (40.7 x 10 -5 C)

For the purposes of th is subsection, “E” means the maximum allowable rate of emission of PM 10 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 boundari es 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 prohibi ted 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 ge nerate electricity usin g steam produced by burning of fossil fuels. 1. Except as otherwise provi ded 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 Valle y, Hydrographic Area 212; (b) The El Dorado Valley, Hydrographic Area 167; (c) The Ivanpah Valley, Hydrogr aphic Areas 164 a and 164 b; or (d) The city limits of Boulder City. 2. Fossil fuel-fired power generating un its Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit Number 1 at S unrise Station may be relocated to the Ivanpah Valley and must comply with the provi sions 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, “m ajor modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by refe rence 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-entrai ned effluents are: (a) Incinerated at temperat ures of not less than 1400 ° F (760 ° C) for not less than 0.3 second; 2. This section does not apply to any m achine, equipment or other contrivance used exclusively for the processing of food for human consumption. [Environmental Comm’n, Air Quality Re g. §§ 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 Legi slative 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-321. Solvents or other volatile compounds such as paints, acids, alkalies , pesticides, fertilizers and manure must be processed, st ored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, lea k, escape or be otherwis e discharged into the ambient air causing or contributin g 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 in stallation and use of su ch methods, devices or equipment for control is mandatory. 2. No person may place, store or hold in a ny new reservoir, stat ionary tank or other container with a capacity equal to or greater than 40,000 gallons (150 kilo liters) any gasoline, petroleum distillate, or volatile organic compound having a vapor pr essure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater un der 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 equi pped 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 ro of 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 e fficiency for preventing discharge of gases and vapors to the atmosphere. 3. Any tank for the storage of any other pe troleum or volatile organic compound which is constructed or extensively remodeled on or af ter November 7, 1975, must be equipped with a submerged fill pipe for the control of emissions. 4. All facilities for dock loading of produc ts consisting of petrol eum 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 ha ve 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 STANDARDS A NATIONAL STANDARDS B

POLLUTANT AVERAGING TIME CONCENTRATION C METHOD D PRIMARY C, E SECONDARY C, F METHOD D

Ozone 1 hour 0.12 ppm (235 μg/m 3 ) Ultraviolet absorption 0.12 ppm (235 μg/m 3 ) Same as primary Chemiluminescence

Ozone-Lake Tahoe Basin, #90 1 hour 0.10 ppm (195 μg/m 3 ) Ultraviolet absorption

-- -- --

Carbon monoxide less than 5,000 ′
above mean sea level 9 ppm (10,500 μg/m 3 ) At or greater than 5,000 ′ above
mean sea level 8 hours 6 ppm (7,000 μg/m 3 ) 9 ppm (10 mg/m 3 )

Carbon monoxide at any elevation 1 hour 35 ppm (40,500 μg/m 3 ) Nondispersive infrared photometry

35 ppm (40 mg/m 3 ) None Nondispersive infrared photometry

Nitrogen dioxide Annual arithmetic

mean 0.053 ppm (100 μg/m 3 ) Gas phase
chemiluminescence 0.053 ppm (100 μg/m 3 ) Same as prima ry Gas phase
chemiluminescence

Annual arithmetic

mean 0.030 ppm (80 μg/m 3 ) 0.030 ppm

24 hours 0.14 ppm (365 μg/m 3 ) 0.14 ppm None Sulfur dioxide

3 hours 0.5 ppm (1,300 μg/m 3 ) Ultraviolet
fluorescence None 0.5 ppm Spectrophotometry (Pararosaniline method)

This document is based on the January 2005 Legi slative 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-33NEVADA STANDARDS A NATIONAL STANDARDS B

POLLUTANT AVERAGING TIME CONCENTRATION C METHOD D PRIMARY C, E SECONDARY C, F METHOD D

Annual arithmetic

mean 50 μg/m 3 50 μg/m 3 Particulate matter
as PM 10

24 hours 150 μg/m 3 High volume PM 10 sampling

150 μg/m 3 Same as primary High volume

PM 10 sampling

Lead (Pb) Quarterly arithmetic

mean 1.5 μg/m 3 High volume sampling, acid
extraction and atomic absorption spectrometry 1.5 μg/m 3 Same as primary High volume sampling, acid
extraction and atomic absorption spectrometry Hydrogen sulfide 1 hour 0.08 ppm (112 μg/m 3 ) 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, a nd those based on annual averages, must not be exceeded more than once pe r year. The 1-hour ozone standard is attained when the expected number of days per cal endar year with a maximum hourly average

concentration above the standard is equal to or less than one. The PM 10 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average

concentration above the standar d, rounded to the nearest 10 μg/m 3 , 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 expr essed 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 tabl e refers to parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “μg/m 3 ” refers to micrograms per cubic

meter. Note D: Any reference method specified in accord ance 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 standa rds are the levels of air quality necessary to protect the public welfare from any known or anticipated adve rse effects of a regul ated 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; R 103-02, 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 re quired equipment; modifi cation 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 Legi slative 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-341. Operate a stationary source of air polluti on unless the control equipment for air pollution which is required by a pplicable 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 applicab le requirement or condition of the permit. [Environmental Comm’n, Air Quality Re g. § 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 perm it 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 em ission 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) pe r year of a regulated air pollutant shall, upon written notice from the director, prepare and s ubmit 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 pl an 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 ar e 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 register ed or certified mail to the la st known address of the person. [Environmental Comm’n, Air Quality Re g. §§ 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 constr uction 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 ar e purchased in completed form. 2. The anticipated date of initial start-up of an affected f acility, 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 Qualit y 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 owne r 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 operat ed, but not later than

This document is based on the January 2005 Legi slative 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-35180 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 pe rformance 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 th e 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 faci lity shall give notice to the director 30 days before the test of performance to allow the direct or to have an observer pr esent. A written testing procedure for the test of performance must be s ubmitted 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 mu st consist of at least three separate runs using the applicable
method for that test. Each run must be conducte d for the time and under th e 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 por tion of the sampling train, extrem e meteorological conditions or
other circumstances with less than three va lid samples being obtained, compliance may be determined using the arithmetic mean of the results of the ot her two runs upon the director’s approval. 7. The cost of all testing and sampling a nd the cost of all sampling holes, scaffolding, electric power and other pertinent allied facilitie s 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 te sting and sampling must be certified as to their truth and accuracy and as to th eir compliance with all provisions of these regulations, and copies of these results must be provide d to the director no later than 60 days after the testing or sampling, or both. 9. Notwithstanding the provisions of subsect ion 2, the Director sh all not approve an equivalent method or alternative method to dete rmine 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 tes ting 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 a ll stationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amende d 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 cate gory. 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 Legi slative 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-36NAC 445B.257 [Article 2.17.6, 2.17.7] Monitoring systems: Location. 1. All continuous monitoring systems or mon itoring devices must be installed so that representative measurements of emissions or pro cess parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems are contained in the applicable Performance Specificati ons 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: Verifica tion of operational status. 2. All continuous monitoring systems and monitoring devices must be installed and operational prior to conducting performan ce tests under NAC 445B.252. Verification of operational status must, as a mini mum, consist of the following: (a) For continuous monitoring systems refe rred to in subsect ion 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 Re g. §§ 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 unde r NAC 445B.252 or within 30 days thereafter and at such other times as may be required by th e director under § 114 of the Act, the owner or operator of any affected facili ty shall conduct continuous evalua tions of the performance of monitoring systems and furnish the director wi thin 60 days thereof two or upon request more copies of a written report of the results of su ch tests. These evaluations must be conducted in accordance with the specificati ons and procedures provided in this section and NAC 445B.260. 2. Except as provided in NAC 445B.260, conti nuous 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 co mply with Performance Specification 2. (c) Sulfur dioxide emissions must comply with Performance Specification 2. (d) The oxygen content of carbon dioxide cont ent 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 ow ner or operator who, prior to September 11, 1974, entered into a binding contractual obligati on to purchase specific continuous monitoring system components shall comply with the following requirements: (a) Continuous monitoring systems for measuri ng 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 calcula tion 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 Legi slative 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 measur ement 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 demonstr ating compliance with this specification. 2. Owners or operators of all continuous monito ring systems installed on an affected facility prior to October 6, 1975, are not required to c onduct tests under paragraphs (a) and (b) of subsection 1 unless requ ested by the director. 3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessary, with new continuous m onitoring systems, and such improved systems must be demonstrated to comply with app licable performance specifications under NAC 445B.259 by September 11, 1979. [Environmental Comm’n, Air Qualit y 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 acco rdance with the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span dr ift at least once daily in accordance with the method prescribed by the manufacturer of th e 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 when ever the 24-hour zero dr ift 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 cleane d before performing the zero or span drift adjustments, except that for systems using automa tic 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 gase s certified by their manufacturer to be traceable
to National Institute of Standard s 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 af ter the date of manufacture, span and zero gases must be reanalyzed by conducting triplicate analyses with Reference
Methods 6 for SO 2 , 7 for NO, and 3 for O 2 and CO 2 , respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer. (b) For nonextractive continuous monitoring sy stems measuring gases, minimum procedures include upscale checks using a certified calibrati on gas cell or test cell which is functionally equivalent to a known gas concentration. The zer o check may be performed by computing the zero value from upscale measurements or by mechanically produci ng a zero condition. (c) For continuous monitoring systems measuri ng 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 rela ted 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 ci rcuitry including the lamp and photodetector assembly.

This document is based on the January 2005 Legi slative 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-382. Notwithstanding the provisions of subsect ion 1, the Director sh all not approve an equivalent method or alternative method to dete rmine 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 tes ting 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 Re g. 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 monitori ng 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 referre d to in NAC 445B.259 fo r measuring oxides of nitrogen, sulfur dioxide, carbon dioxide or oxyge n must complete a minimum of one cycle of operation (sampling, analyzing and data reco rding) for each successive 15-minute period. 3. All continuous monitoring systems refe rred to in NAC 445B.260, except opacity, must complete a minimum of one cycle of operation (sam pling, analyzing and data recording) for each successive 1-hour period. [Environmental Comm’n, Air Quality Re g. §§ 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 cont inuous monitoring systems for the meas urement of opacity shall reduce all data to 6-minute averages and for system s other than opacity to 1-hour averages. 2. For systems other than opacity, 1-hour aver ages 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 th e data averages computed under this section. An arithmetic or integrated average of all calibrate d 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 rounde d 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 Re g. § 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 occu rrence and duration of any start-up, shutdown or malfunction in the operation of an affected facility and any ma lfunction 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 insta ll 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 Legi slative 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-39must 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 co mputed 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 malfunc tion, if known, the corrective action taken or preventative measures adopted. (d) Specific identification of each period duri ng which the continuous monitoring system was inoperative, except for zero and sp an checks, and the nature of a ny repairs or adjustments that
were made.

¬ When no excess emissions have occurred and th e continuous monitoring system has not been inoperative, repaired or adjusted, such in formation 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, m onitoring devices and performance testing
measurements; (b) All continuous monitoring sy stem 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 y ears following the date of the measurements, maintenance, reports and records. [Environmental Comm’n, Air Qualit y 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, in clusive, including, but not limited to, the following: (a) Alternative monitoring requirements when installation of a conti nuous monitoring system or monitoring device specified by those sections would not provide accurate measurements due to liquid water or other interferences cause d by substances with the effluent gases. (b) Alternative monitoring requirements when th e 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 concentr ation measurements to
units of the standards. (f) Alternative procedures for performing da ily checks of zero and sp an 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 provi sion of NAC 445B.256 to 445B.267, inclusive. (h) Alternative continuous m onitoring systems that do not meet the design or performance requirements in Performance Specification 1, Appe ndix B of 40 C.F.R. Part 60, but adequately
demonstrate a definite and consistent rela tionship 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 Legi slative 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 subsect ion 1, the Director sh all not approve an equivalent method or alternative method to dete rmine 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 tes ting 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 Qua lity 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 subsec tion 2 and in NAC 445B.288, an operating permit, operating permit to construct or permit to construc t is required for each st ationary 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 cons truct 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 requ irements 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 c onstruct 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 remain ing on the original operating permit pursuant to
NAC 445B.319. 4. For the purposes of this section, “perm it 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 co mplied 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; R 040-01, 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 Legi slative 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 require d 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, Na tional 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 consider ed to be insignificant activities unless the emission unit is otherwise subject to another sp ecific applicable requirement, including, without limitation, any requirement or standard se t 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 burni ng capacity that is le ss than 25 pounds per hour. (c) An emission unit that has a maximum allowabl e throughput or batch lo ad 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, indi vidually, 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 th an 500 horsepower if the engine operates less than 100 hours per calendar year. (g) A stationary internal combustion engi ne that has a rating for output which is: (1) Less than 250 horsepower; or (2) Equal to or greater th an 250 horsepower if the engine operates less than 100 hours per calendar year. (h) An emergency generator. Except as otherw ise provided in this pa ragraph, an emergency generator qualifies as an insignificant activity pu rsuant to this paragraph only if the emergency generator is an internal combusti on engine that is used to generate electrical power to maintain essential operations during unpla nned 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 qua lify as an insignificant activity. 3. If an emission unit is considered an insigni ficant activity and is subject to a limitation on its hours of operation pursuant to subsection 2, the owner or ope rator of the emission unit shall maintain an operating log of the hours of operati on of the emission unit. The operating log must
be maintained at the site of the emission unit an d 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 c onsidering controls or limits on production, type of materials processed, combusted or store d, or hours of operati on, will not result in: (1) Emissions of a hazardous air polluta nt that exceed 1 pound per hour or 1,000 pounds per year, as appropriate; (2) Emissions of regulated air po llutants that exceed 4,000 pounds per year;

This document is based on the January 2005 Legi slative 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 app licable 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 direct or may, after considering the impact of the combined emissions of multiple emission units, dete rmine 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 op erating 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 l ong as the stationary source is not otherwise subject to any other requirement to obtain an operati ng permit under Title V of the Act. Such an exclusion from the requirements re lating 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 sole ly of insignificant activities as determined pursuant to this section and whic h is not otherwise subj ect to any other requi rement 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 re quirement set forth in NAC 445B.001 to 445B.3497, inclusive, relating to the operation of the stationa ry 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, e ff. 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, in cluding 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 te lephone number of the manager of the plant or another appropriate person to contact; 2. A description of the sta tionary source’s processes and products by Standard Industrial Classification Code, including any processes a nd 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 emissi on unit which is a part of the stationary

source; 4. An identification and a description of a ny 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 stationa ry source or any standa rds for work practices which affect emissions for all regulated air pollutants at the stationary source; 6. An explanation of any proposed ex emption from any applicable requirement; 7. The location of any records that the applic ant 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 Legi slative 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 a pplication 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 sta tionary source must certify that, based on information and belief formed after a reasonable inquiry, the statements in the application fo r 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 exis ting operating permit; or 4. A revision of an existing operating permit to construct,

¬ is the date on which the Director determin es 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 applicabili ty limitation to expire and not be renewed,

¬ in accordance with NAC 445B.308 to 445B.314, incl usive, the applicant must submit to the Director an environmental evaluation and any ot her information the Director determines is necessary to make an independent air quality impact assessment. 2. The Director shall not issue an operati ng permit or a revision of an operating permit for any stationary source if the e nvironmental evaluation submitted by the applicant shows, or if the Director determines, in accordance with the provisi ons of this section, that the stationary source:

This document is based on the January 2005 Legi slative 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, on ly 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 stat ionary source or major modificatio n 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 a dopted by reference in NAC 445B.221. 7. The Director may impose any reasonabl e conditions on his approv al, including conditions requiring the owner or operator of the stationa ry 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 prope rty is constructed or modified in phases which indivi dually are not subject to review as provided in NAC 445B.308 to 445B.314, inclusive, all phases occurring since N ovember 7, 1975, must be added together for determining the applicabili ty 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 su bmit with the appli cation an environmental evaluation for: (a) A new stationary source which emits, or ha s the potential to emit, greater than 25 tons of a regulated air pollutant per year; (b) A modification to an existing stat ionary 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 pr oject, 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 Direct or, 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 Legi slative 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-45written request for an exemption, the Dir ector 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 modi fied stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the Dir ector must contain a

careful and detailed assessment of the environmen tal aspects of the propos ed 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 stationa ry source, including the normal hours of operation of the facility and the general type s of activities to be performed; (d) A map showing the location of the stationary source and th e topography of the area, including existing principal street s, roads and highways within 3 miles of the stationary source; (e) A site plan showing the location and height of bu ildings on the site; (f) Any additional information or docum entation 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 ai r and meteorological cond itions at the proposed

site before constructi on or modification; and (g) A dispersion analysis of each regulated air pollutant. 2. Where approval is sought for stationa ry 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 c onsider good engineering pr actice stack height. If the Director considers an analysis of a source based on a good engi neering 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 fo r a public hearing on such demonstration study in accordance with the requirements for a Class I operating pe rmit set forth in subsections 7, 9 and 10 of NAC

445B.3395. 4. A dispersion analysis used to determ ine the location and estimated value of the highest

concentration of each regulated air pollutant must include: (a) A dispersion model based on the applic able 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, excep t 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 Legi slative 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 prem ises used in the anal ysis, including, without

limitation: (I) Model options chosen; (II) Urban versus rural selection; (III) Background c oncentrations; (IV) Characterization of emission sour ces as point, area or volume; (V) Emission discharge points; and (VI) Rate of emission from each emission unit; and (2) The geographic area cons idered in the analysis, including, without limitation, information concerning: (I) The nearest significant terrain features; (II) The receptor gr id or grids; and (III) Restrictions on public access to the stationary source; and (c) Valid meteorological information pursuant to the provisions of Appe ndix 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 referen ce in NAC 445B.221: (I) Is site-specific, if the information exis ts pursuant to subsection 1 of this section or subsection 7 of NAC 445B.308, and which cove rs a period of not less than 1 year; (II) Has been obtained from an off-site lo cation representative of the proposed site and which covers a period of not less than 1 year; (III) Represents the wors t-case meteorological conditions, as approved by the Director for synthetic data; or (IV) Has been obtained over the last 5 year s at the nearest National Weather Service site; or (2) For sources that are subject to the pe rmitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B .221, is representative of the sour ce site location and source emissions and which covers a period of not less than 1 year. [Environmental Comm’n, Air Quality Re g. § 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 appropria te 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 sour ce 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 th e 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 Legi slative 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-47must 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 i nput of the manufacturer or designer of the equipment, whichever is greater. The total heat in put of all fuel-burning units in a plant or on the premises must be used to determine the maximu m 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 se ction to the contrary, the provisions of this section do not apply to operating permits to construct. 2. The director shall cite the legal author ity 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 re tain records of all requi red 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 stri p-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 co mply with all conditions of the operating permit. Any noncompliance constitute s a violation and is a ground for: (1) An action for noncompliance; (2) Revising, revoking, reope ning and revising, or terminat ing the operating permit by the director; or (3) Denial of an application for a re newal 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 noncomplia nce 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 pr operty rights or any exclusive privilege. (h) The holder of the operating permit shall pr ovide 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 revi sing, 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 presenta tion 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 Legi slative 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 faci lities, practices, opera tions or equipment, including any equipment for monitoring or controlling air pollution, th at are regulated or required pursuant to the operating permit; and (4) Sample or monitor, at reasonable ti mes, 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 certif y 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: Sepa rate 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 ope rating 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 regul ations or the provisions of 40 C.F.R. § 52.21 or 40 C.F.R. Parts 60 and 61, Prevention of Signi ficant Deterioration, New Source Performance
Standards and National Emission Standards for H azardous Air Pollutants adopted by reference in
NAC 445B.221. 4. A denial of an application for an opera ting permit must be accompanied by a statement of the reasons therefor, and if the director has re lied in his decision upon information not contained in the application, the statement of reasons mu st identify and state the substance of such
information. 5. Operating permits must be posted conspi cuously at or near th e 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: Admi nistrative amendment. 1. The holder of an operating permit may re quest 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 a ny person identified in the operating permit, or provide a similar minor ad ministrative 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 wh ich 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 opera tional control of a sta tionary 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 hol der 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 appl ication 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 Legi slative 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 admini strative 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, re opening and revision, revision, or

revocation and reissuance. 2. An operating permit may be terminated, re opened and revised, revised, or revoked and
reissued if: (a) The director or the Administrator determin es that the operating permit contains a material mistake or is based on inaccurate statements; (b) The director or the Administrator determ ines that the operating permit, as written, does not ensure compliance with all applicable requirements; or (c) The director determines that there has b een a violation of any of the provisions of NAC 445B.001 to 445B.3497, inclusive, any applicable re quirement, or any condition contained in the operating permit. 5. If the director reopens an operating perm it, 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 revisi on of a permit, including the requirements related to the content of the permit and the requirement s 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 em ergency 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 em ission limitation contai ned in the operating permit if the holder of the op erating permit demonstrates th rough signed, contemporaneous operating logs or other relevant evidence, that: (a) An emergency occurred and the holder of th e 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 oper ating permit took all reasonable steps to minimize excess emissions; and (d) The holder of the operating permit submitte d notice of the emerge ncy to the director within 2 working days after the emergency. Th e notice must contain a description of the emergency, any steps taken to mitigate emissions, and any corrective actio ns 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 emer gency 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 loca tion 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 oper ator must not operate th e emission unit at the
new location until the direct or approves the location.

This document is based on the January 2005 Legi slative 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 Environm ental 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 ex isting 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 revi sed Class I operating permit pursuant to NAC 445B.001 to 445B.3497, inclusive. 2. To obtain a designation for an emissi on unit as a clean unit, th e owner or operator of a Class I stationary source must apply for and obt ain a Class I operating perm it 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 ap proval of a pollution cont rol project pursuant to NAC 445B.001 to 445B.3497, inclusive, before the ow ner or operator begins actual construction of the pollution control project. 4. To establish a plantwide applicabil ity 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 li mitation pursuant to NAC 445B.001 to 445B.3497, inclusive. To revise or renew a Class I oper ating permit to construct for the approval of a plantwide applicability li mitation, the owner or operator of a Cl ass I stationary source must apply

for and obtain a revised or rene wed Class I operating permit to c onstruct for the approval of a plantwide applicability li mitation pursuant to NAC 445B.001 to 445B.3497, inclusive. 5. Except as otherwise provided in subsec tion 7, if an owner or ope rator obtains an operating permit to construct, the owner or operator is no t required to obtain an op erating permit or revised operating permit before commencing initial constr uction, 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 c onstruct, 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 opera tor 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. Th e provisions of this subsection do not apply to: (a) A Class I operating permit to construc t 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 pursuan t to 40 C.F.R. § 52.21(y)(8). (b) A Class I operating permit for th e approval of a pollu tion control project. (c) A Class I operating permit to construc t for the approval of a plantwide applicability

limitation.

This document is based on the January 2005 Legi slative 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-517. If the conditions of an existing Class I operating permit would proh ibit the construction or change in operation of the existing Class I stat ionary 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 ow ner or operator must concurrently: (a) Obtain a Class I operating permit to c onstruct 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 th e existing Class I operating permit pursuant to NAC 445B.3441 before commencing with the construc tion or change in ope ration of the existing Class I stationary source. (Added to NAC by Environmental Co mm’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 inNAC 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 re gulated 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 emi ssions 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 co mpliance using the applicable standard reference

test method. (e) Any other information required by any applicable requirement. (f) The calculations on which the inform ation described in this subsection are based. (g) Citations to and a descri ption of all applic able 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 pursuan t 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 mo dification to an existing stationary source or a major modification at an existing major stationary source: (1) All information re quired 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 hydrogr aphic area that may be triggered for increment consumption; and

This document is based on the January 2005 Legi slative 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 sour ce 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 th e 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 require d in subsections 1 and 2, an a pplication 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 inform ation required to make the determinations pur suant to 40 C.F.R. § 52.21(a)(2); (b) A description of the project or modification includi ng all emission units; (c) A description of the applicable pro cedures 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 informa tion for expected and highest projections of any business act ivities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); (e) Calculations of emissions in acco rdance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and (f) Detailed information used to demonstr ate 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 pr oject or modification, in cluding any increased utilization due to product demand growth, in acc ordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

¬ In lieu of paragraphs (d), (e) and (f), the appl ication 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 applicat ion 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 require d pursuant to NAC 445B.33633, an application for a Class I operating permit to construct for a modifi cation or project at an emission unit that has been designated as a clean unit must contain a de monstration that the modi fication or project will

not cause the unit to lose its de signation as a clean unit pursuant to 40 C.F.R. § 52.21(y)(9). 6. As used in this section, “project” ha s 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 designat ion of clean unit: Application. 1. In addition to the requirements set fo rth 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 contro l 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 Legi slative 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 an alysis 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 co ntrol technology was installe d 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 th at the Director determines is nece ssary to process the application.

2. Unless the Director determines otherw ise, 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 Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.33635 Operating permit to construct for approv al of pollution control project: Application. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application for a Cl ass I operating permit to construct for the approval of a pollution control project must contain: 1. All the information required pu rsuant to 40 C.F.R. § 52.21(z)(3); and 2. Any other information th at the Director determines is nece ssary to process the application. (Added to NAC by Environmen tal 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 fo rth 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 wh ich the owner or operator is requesting a plantwide applicability limitation; (c) For each pollutant described in para graph (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 applicabil ity limitation as specified in 40 C.F.R. § 52.21(aa)(12). The monitoring plan mu st 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 th e owner or operator cannot demonstrate a correlation between the monitored parameters and the plan twide applicability limitation at all operating points; (e) If the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide applicability lim itation at all operating points as identified in paragraph (d) and the owner or op erator requests to establish default values for determining

This document is based on the January 2005 Legi slative 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-54compliance with the plantwide a pplicability 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 proce dures 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 th at were permanently shut down after the baseline actual emissions period and the associated emissions; (h) A description of any emission units fo r which construction began after the baseline actual emissions period and the a ssociated 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 distri bution of the emissions allowed by the plantwide applicability limitation for each emission unit or gr oup of emission units at the major stationary source; and (b) A description of the proposed met hods 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 pursu ant to 40 C.F.R. § 52.21(aa)(11) (Added to NAC by Environmen tal 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 wh ich the Director determines that the application is complete or the 46th day after the date of recei pt, 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 se t forth in 40 C.F.R. § 52.21, within 30 days after the date of recei pt 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 Legi slative 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-55Director 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 fo rmally 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 perm it to construct. For the purposes of 40 C.F.R. §52.21, the application sh all 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 Cl ass I operating permit to construct for the designation of a clean unit or a Class I operati ng 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 co mplete. If substantial additional information is required, the Director shall dete rmine that the application is incomplete and return the application to the applicant. If substantial addi tional 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 th e 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 construc t 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 applicabil ity limitation, within 30 days after the date of receipt of such an application, the Director sh all determine if the applicatio n 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 af ter 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 th e 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 comp ly with all of the re quirements set forth in NAC 445B.001 to 445B.3497, inclusive. The applican t must provide in writing any additional information that the Director requests within th e 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 a pplication 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 Legi slative 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-567. The Director shall: (a) Cause to be published a prominent adve rtisement in a newspaper of general circulation in the area in which the stationary source is loca ted or in a state publica tion 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 wri ting 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 th e operating permit to construct and the proposed ope rating 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 a nd the name and address of the applicant; (b) The name and address of the author ity processing the Class I operating permit to

construct; (c) The activity or activities involved in the Class I operating pe rmit 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 numb er 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, th e application, all relevant s upporting 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, in cluding a statement of the pro cedures to request a hearing ; and (f) If applicable, a desc ription of any revisions to a Class I operating pe rmit resulting from an

administrative revision to th e Class I operating permit. 9. All comments concerning the Director’s re view and the preliminary intent for the issuance or denial of a Class I operating permit to constr uct or of a revision of a Class I operating permit to construct must be submitted in writing to th e 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 provi ded 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 Direct or shall issue or deny the new Class I operating permit to construct or the new re vision of a Class I opera ting 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 Legi slative 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 offici al date of submittal of an application for an operating permit to constr uct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating perm it to construct or the new revision of a Class I operating permit to construct. 12. The Director shall issue or deny a Cla ss I operating permit to construct for the designation of a clean unit, for the approval of a pollution c ontrol 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 th is section, whichever occurs later.

13. The Director shall not issue an administ rative revision to a Cla ss I operating permit if the Administrator objects to the i ssuance of the administrative revi sion in writing within 45 days after the Administrator’s receipt of the propos ed revision conditions for the Class I operating permit and the necessary supporting information. 14. Any person may petition the Administrator to request that the Admini strator obj ect 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 re quest by a person pursuant to subsection 14, the Administrator objects to the issuance of an admi nistrative revision to a Class I operating permit,

the Director shall submit revised proposed conditions for the Cla ss I operating permit in response to the objection within 90 days after the da te on which he is notified of the objection. (Added to NAC by Environmental Co mm’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 author ity 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 co nstruct shall retain records of all required monitoring data and supporting info rmation for 5 years after the da te of the samp le collection, measurement, report or analys is. Supporting information includes , without limitati on, 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, th e remaining conditions and requirements continue in effect. (d) The holder of the operating permit to constr uct 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 termin ating, of the operating permit to construct by the Director; or (3) The reopening or revising of the operati ng 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 Legi slative 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 defe nse 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 prope rty rights or any exclusive privilege. (h) The holder of the operating permit to cons truct shall provide the Director, within a reasonable time, with any information that the Dir ector requests in writing to determine whether cause exists for revoking or term inating the operating permit to construct, or to determine compliance with the conditions of the operating permit to construct. (i) The holder of the operati ng 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 c onditions 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 faci lities, practices, opera tions or equipment, including any equipment for monitoring or controlling air pollution, th at are regulated or required pursuant to the operati ng permit to construct; and (4) Sample or monitor, at reasonable ti mes, substances or parameters to determine compliance with the conditions of the operating permit to construct or applicable requirements. ( j) A responsible official of th e stationary source shall certif y 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 ade quate to show compliance; (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and (d) Any other requirements deem ed necessary by the Director. 4. In addition to the requirements esta blished 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 Co mm’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 oper ating 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. Fo r the purposes of this paragraph, “supporting information” includes, without limitation, all re cords regarding calibrati on and maintenance of

This document is based on the January 2005 Legi slative 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-59the monitoring equipment and all original stri p-chart recordings for continuous monitoring

instrumentation. (c) Each of the conditions and requirement s of the Class I operating permit to construct is severable, and if any is held invalid, the re maining conditions and requirements continue in

effect. (d) The Director may revise, revoke and re issue, reopen and revise, or terminate the Class I operating permit to construct for cause. (e) The Class I operating permit to constr uct does not convey any prope rty 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 fort h in subsections 1 and 2, a Class I operating permit to construct for the designation of a clean unit must contain: (a) All applicable requirem ents, emission limits and standards; (b) Monitoring methods adequate to show compliance; (c) Adequate recordkeep ing and reporting requirements dete rmined necessary by the Director;

and (d) Any other requirements determined necessary by the Director. 4. In addition to the requirements establ ished in subsections 1, 2 and 3, a Class I operating permit to construct for the designa tion of a clean unit must contain the information set forth in 40 C.F.R. § 52.21(y)(8). (Added to NAC by Environmen tal Comm’n by R125-04, eff. 9-24-2004)

NAC 445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Required condi tions and information. 1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construct for the approva l of a plantwide a pplicability limitation. 2. A Class I operating permit to construc t for the approval of a plantwide applicability limitation must contain the following conditions: (a) The expiration date of the Class I oper ating permit to construct must be determined in

accordance with subsection 6 of NAC 445B.3366. (b) The holder of the Class I operating perm it to construct shall retain records pursuant to 40 C.F.R. § 52.21(aa)(13). (c) Each of the conditions and requirement s of the Class I operating permit to construct is severable, and if any is held invalid, the re maining 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 th e Class I operating permit to construct by the holder of the Class I operating permit to cons truct as directed by the Director.

This document is based on the January 2005 Legi slative 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 re duce activity to mainta in 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 re issue, reopen and revise, or terminate the Class I operating permit to construct for cause. (g) The Class I operating permit to constr uct does not convey any prope rty 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 Dir ector 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 pe rmit to construct shall allow the Director or any authorized representative of the Direct or, upon presentation of credentials, to: (1) Enter upon the premises of the holder of the Class I operating permit to construct

where: (I) Th e stationary source is located; (II) Activity related to emissions is conducted; or (III) Records are kept pursu ant 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 Cl ass 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, th at 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 stationa ry 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 esta blished in subsections 1 and 2, a Class I operating permit to construct for the approval of a plan twide applicability limita tion 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 Environmen tal 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 expire s if construction is not commen ced within 18 months after the
date of issuance thereof or construction of the f acility is delayed for 18 months after initiated. The director may extend the date on which th e construction may be co mmenced 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 proj ected 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 Legi slative 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-613. 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 su bject to the expiration requireme nts 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 subs ection 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 construc t for the approval of a plantwide applicability

limitation. 5. An operating permit to c onstruct for the designati on of a clean unit e xpires 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 provi sions of 40 C.F. R. § 52.21(y)(9). 6. A plantwide applicability limitation ex pires 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 app licability limitation, the operating permit for the Class I stationary source must be revised to incorporate the redistri bution of the emissions allowed by the plantwide applicability limitation th at is expiring in accordance with subsection 2 of NAC 445B.33637. For the purposes of this subs ection, “plantwide applicability limitation effective period” means the “PAL effective period” as that te rm is defined in 40 C.F.R. § 52.21(aa)(2)(vii). (Added to NAC by Environmental Co mm’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 op erating permit application. 2. In addition to the information require d pursuant to NAC 445B.295, an application for a Class I operating permit must include: (a) Descriptions of all emissions of any po llutants for which the source is major and all emissions of regulated air pollutants from all emission units. (b) An identification and a desc ription of all points of emissi ons and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in
sufficient detail to establish the basis fo r the applicability of standards and fees. (c) The emission rates of all regulated air pollu tants 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 co mpliance using the applicable standard reference
test method. (d) Any other information require d 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 met hod used for determining compliance with each applicable requirement. (h) A compliance plan that contains the following:

This document is based on the January 2005 Legi slative 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 whic h the stationary source is in compliance, a statement that the stationary source will c ontinue 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 whic h the stationary source is in compliance, a statement that the stationary source will c ontinue 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 e xpressly 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 issue d, a schedule of compliance for each applicable requirement. Such a schedule must include a sche dule of remedial measur es, 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 judici al consent decree or an admi nistrative order regarding its noncompliance, the schedule must resemble and be at least as stringe nt as any schedule
contained in the decree or orde r. Such a schedule of complian ce must be supplemental to, and must not sanction noncompliance with, the appl icable requirements on which it is based. (4) A schedule for the submission of certif ied progress reports at least once every 6 months for a schedule of compliance to remedy a violation. Such progre ss reports must contain the following: (I) Dates for performing activities or achie ving 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 paragr aph apply and must be included in the acid rain portion of a complianc e plan for an affected source, except as specifically superseded by regulations adopted pursuan t to Title IV of the Act with regard to the
schedule and methods the source will use to achi eve compliance with the emissions limitations relating to acid rain. (i) Requirements for complia nce certifica tion, including: (1) A certification of compliance with all applicable require ments by a responsible official, consistent with this section and 42 U.S.C. § 7414(a)(3); (2) A statement of methods used for determ ining compliance, includ ing a description of monitoring, recordkeeping and reporting re quirements, and methods of testing; (3) A schedule for submission of certificat ions of compliance dur ing the term of the permit to be submitted not less frequently than annua lly, 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 stationa ry source with any applicable enhanced monitoring and complia nce certification requirements of the Act. 3. In addition to the information requi red 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 Legi slative 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 re quired pursuant to 40 C.F.R. § 52.21; (2) A description of all emissions of each regul ated 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 hydrogr aphic area that may be triggered for increment consumption; and (5) Any other information that th e 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 th e 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 revi sion to an existing stationary source which is subject to the requi rements 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 th e Director determines is necessary to process the application. (d) For a revision to a Class I operati ng 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 procedur es 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 proc edures required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2), including detailed informa tion for expected and highest projections of any business act ivities 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 pr oject or modification, in cluding any increased utilization due to product demand growth, in acc ordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

¬ In lieu of subparagraphs (4), (5) and (6), th e application must cont ain 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” ha s 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 Legi slative 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-641. Except as otherwise provided in subs ection 7 of NAC 445B.3361, an owner or operator of a stationary source must file a Class I-B applicati on, on a form provided by the Director, and obtain a Class I operating permit before co mmencing the construction, reconstruction or

modification of: (a) A Class I existi ng 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 define d in NAC 445B.094 for a major source; (d) A proposed new Class I stationary source; (e) A proposed new Class I stationary source su bject to a standard, a limitation or any other requirement adopted pursuant to 42 U.S.C. § 74 11 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 operati ng permit or for the significant re vision of a Class I operating permit is received, the Director shall determ ine whether the application is complete. If substantial additional information is required, the Di rector 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 da te 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 appli cation for a Class I operating permit or for the revision of a Class I operating permit, the Direct or shall determine if the application contains adequate information to process the application. Th e 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 ma y request such additional information that is necessary to determine whether th e 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 requ ested 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 Legi slative 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-65permit, 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 da te 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 inte nt 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, a nd in the air quality region where the source is located for 30 days to enable public particip ation and comment and a review by any affected

states. 7. The Director shall: (a) Cause to be published a prominent advertisem ent 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, includi ng 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 Dire ctor’s review of the applica tion, the Director’s preliminary intent to issue or deny the Class I operating pe rmit 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 subsect ions 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 ope rating permit made pursuant to NAC 445B.342;

or (c) A minor revision of a Class I operati ng 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 activiti es 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 su pporting 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 i ssuance of the Class I operating permit; and

This document is based on the January 2005 Legi slative 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, incl uding a statement of the procedures to request a hearing. 10. All comments on the Director’s review and pr eliminary 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 th e public announcement. The Director shall give notice of any public hearing at l east 30 days before the date of the hearing. The Director shall keep a record of the names of any persons who made comments a nd 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 sh all make his decision by taking into account: (a) Written comments from the public, a ffected 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 faci lity on the maintenance of the s tate 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 Cl ass 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 ai r quality, adopted pursuant to NAC 445B.221, the Director shall issue or deny a Cl ass I operating permit, or the re vision 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 re vision 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 th e 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 stat ionary 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, expi res if construction is not commen ced within 18 months after the
date of issuance thereof or construction of the f acility is delayed for 18 months after initiated. The Director may extend the date on which th e construction may be commenced upon a showing that the extension is justified.
17. If construction will occur in more th an 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 sour ce subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of signifi cant 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 Di rector may extend only the date on which the initial phase of constr uction may be commenced upon a showing that the extension is justified. [Environmental Comm’n, Air Quality Re g. § 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 Legi slative 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-67NAC 445B.340 Prerequisites to issuance, revisi on 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 perm it or for a revision of or a renewal of a Class I operating permit; (b) Completed all requirements regarding pub lic participation and comment pursuant to NAC 445B.3395; and (c) Notified and responded to al l comments from affected states; 2. The conditions of the opera ting permit provide for complianc e with the requirements of NAC 445B.001 to 445B.3497, inclusive, and an y 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 s ource operating in compliance with an operating permit may make changes which contravene an e xpress term of the oper ating 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 se ction, the holder of the operating permit shall provide a written notification to the Director and the Administrator at leas t 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 de termined 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 Di rector and the Administ rator, as appropriate, shall attach a copy of the wr itten notification to his re spective 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 limitati on 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 Legi slative 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 fo r which there is no corresponding underlying applicable requirement a nd which was requested in order to avoid an applicable requirement, including: (1) A federally enforceable emissions cap; or (2) An alternative emission limitati on pursuant to 42 U.S.C. § 7412(i)(5); (e) Is not a modification pursuant to any pr ovision of 42 U.S.C. §§ 7401 to 7515, inclusive; (f) Does not result in an increase in a llowable 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) PM 10 , 15 tons per year; (5) Ozone, 40 tons pe r year of volatile organic compounds; (6) Sulfuric acid mist, 7 tons per year; and (7) Hydrogen sulfide (H 2 S), 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 responsib le official of the stationa ry 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 subsect ion 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 affect ed state within 10 wo rking days after the official date of submittal of the application for a minor revision. (d) Unless the application is for a minor re vision described in subsection 8 of NAC 445B.3395, enable public participati on and comment and provide notice to the public concerning the application for a minor revision in the ma nner 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 re vision meets the criteria for a minor revision set forth in this section; (2) Determine whether the proposed conditi ons 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 appli cant’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 reco mmendations from an affected state which the Director does not accept.

This document is based on the January 2005 Legi slative 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-694. The Director may issue the minor re vision upon notification by the Administrator that the Administrator does not object to the minor revi sion. If the Administrator does not notify the Director within 45 days after the date on whic h the Administrator received the notification pursuant to this section or with in 45 days after the date on wh ich 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 unde r the procedures for a significant revision; or (c) Revise the proposed re vision 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 peri od 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 cha nge that may be made pursuant to NAC 445B.342,
or as an administrative amendment or a minor re vision. A significant revisi on includes, but is not limited to, a revision: (a) Of an existing condition of the operati ng permit relating to monitoring or making the requirements for reporting or r ecordkeeping less stringent; (b) Which requires or changes: (1) A determination of an emissi on limitation on a case-by-case basis; (2) A determination of ambient im pact 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 si gnificant 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 participati on 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 cond itions 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 Cl ass I stationary source must submit an application for an

This document is based on the January 2005 Legi slative 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-70administrative revision to a Cl ass I operating permit to incorpor ate the conditions of a Class I operating permit to construct into the existing Cl ass I operating permit for the Class I stationary

source. 2. The Director shall issue a revised Cl ass 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 operati ng permit to construct as specified in NAC

445B.3364. 3. An application for an administrative revision to a Class I ope rating permit must comply with the requirements for an application for a Class I oper ating permit set forth in NAC 445B.295, 445B.297 and 445B.3368, and the requirement s 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 op erating permit must be accompanied by the appropriate fee set forth in NAC 445B.327. (Added to NAC by Environmen tal 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 f ee at least 240 days, but no earlier than 18 months, before th e expiration date of the current Class I operating permit for stationary sources. 3. Applications for the renewal of a Cla ss 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 opera tion 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 ope rating 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 so urce that is not subject to the requirements of
NAC 445B.337 or 445B.3375 must s ubmit an application for and obtain a Class II operating permit or, if applicable, a Class III operating permit pursu ant to NAC 445B.3485. 2. For a proposed stationary source or a propose d modification to a stationary source that is not subject to the requirements of NAC 445B.33 7 or 445B.3375, an owner or operator must file an application and obtain a Class II operating pe rmit or a revision to an existing Class II operating permit or, if applicable, a Class III operating permit or a revi sion to an existing Class III operating permit pursuant to NAC 44 5B.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 Legi slative 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-711. 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 opera ting permit or for the revision of a Class II operating permit, the Director shall de termine if the application is complete. If substantial additional information is required, the Di rector 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 with in 10 working days after the date of receipt of the application, the official date of submittal of th e 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 applicati on, the Director may request addi tional information necessary to determine whether the proposed ope ration will comply with all of the requirement s set forth in NAC 445B.001 to 445B.3497, inclusive. The applican t must provide in writing any additional information that the Director requests within th e time specified in the request of the Director. Any delay in the submittal of the requested in formation will result in a corresponding delay in the action of the Director on the app lication 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 requir ed 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 da ys after the official date of submittal of the application for the Class II operating permit or fo r the revision of the Class II operating permit; (b) Take such act ion as is necessary to ensure complian ce 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 opera ting 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 determinati on to issue or deny the Cl ass II operatin g 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 afte r the Director makes that prel iminary determination, be made public and maintained on file w ith the Director during normal business hours at 333 West Nye Lane, Carson City, Nevada, for 30 days to enable public particip ation and comment; and (b) The Director shall: (1) Cause to be published a notice in a newspaper of general ci rculation 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 wri ting to be included on the list; (3) Provide notice by other means if n ecessary 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 facili ty and the name and address of the applicant;

This document is based on the January 2005 Legi slative 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 ag ency processing the Clas s 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 avai lable to the state agency that is processing the Class II operating permit or the re vision of the Class II operating pe rmit and which are relevant to the determination of the issuance of the Class II op erating permit or the revision of the Class II operating permit; (d) A description of the proposed new Cl ass II source or the proposed modification to the existing Class II source and a summ ary 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 descri ption of the procedures fo r public participation and the time and place of any hearing that may be held, in cluding 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 subm itted in writing to the Director within the time specified in the notice. The Director shall give notice of any public hear ing scheduled pursuant to this section at least 30 days before the date of the hearing. The Dir ector 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 opera ting permit or for the revisi on 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 th e 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 hearin gs concerning the applic ation 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 Co mm’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 monito ring, testing and reporting that a pply to the stationary source.

This document is based on the January 2005 Legi slative 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-733. 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 reasonabl y anticipated alternative operating scenarios identified by the owner or operator of the stati onary 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 a lternative 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 sche dule of dates for achieving milestones; (b) Prior notice of and explan ations 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 revi sion 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 th e stationary source; (c) A description of: (1) The existing emission units undergoing th e modification and the applicable control systems; and (2) The proposed modification to such emission units; (d) The emission rates from th e 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 emi ssion units and applicab le control systems; (f ) The potential to emit of the proposed new em ission units for each regulated air pollutant to which a standard applies; (g) A description of the procedures and me thods used to determine the emission rates; (h) A discussion of all applicab le requirements to which the ne w or modified operations will be subject; (i) An explanation of any proposed exem ption from any applicable requirement; ( j) An environmental evaluation conduc ted in accordance w ith 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 pursu ant 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 th e 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 w ith 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 Cl ass 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 Legi slative 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-744. 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 submitte d 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 ope rating permit is as specified in NAC 445B.327. (Added to NAC by Environmental Co mm’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 genera l 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 owne r or operator of any stationary source that meets the criteria set fo rth 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 require d by the Class II general permit. 4. The Director shall grant or deny authority to operate unde r a Class II general permit within 30 days after his receipt of a request for su ch 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 requi rements of NAC 445B.3457. 5. A person may challenge the provisions of a Class II general perm it 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 j udicial 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 sour ce operating under the authority of a Class II general permit shall apply to renew his author ity to operate under the Class II gene ral permit at least 30 days before his authorization expires. 9. A stationary source which obtains authoriz ation 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 prohib ition against operatin g 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 ope rating under a Class II op erating permit is a Cl ass III source, as defined in NAC 445B.038, the owne r or operator of the stati onary 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 applicati on with the appropriate fee and obtain a Class III operating permit for the new stationary source. An operating permit must be obtained before commencing construc tion on a new stationary source. 3. An owner or operator of a proposed modi fication to a stationary source that meets the requirements for a Class III source, as that te rm 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 Legi slative 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-75stationary 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 obtaini ng 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 Di rector 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 th e 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 de ny a Class III operating permit or the revision of a Class III operati ng 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 applicati on, the Director may request addi tional information necessary to determine whether the proposed ope ration will comply with all of the requirement s set forth in NAC 445B.001 to 445B.3497, inclusive. The applican t must provide in writing any additional information that the Director requests within th e time specified in the request of the Director. Any delay in the submittal of the requested in formation will result in a corresponding delay in the action of the Director on the app lication 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 co nditions 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 co nditions of the Class III operating permit. 2. All requirements for monito ring, testing and reporting that a pply 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 reasonabl y anticipated alternative operating scenarios identified by the owner or operator of the stati onary 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 a lternative 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 sche dule of dates for achieving milestones; (b) Prior notice of and explan ations 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 comp liance certification must include: (a) An identification of each term or conditio n 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 complia nce 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 Legi slative 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-76NAC 445B.3493 Application for revision. 1. The owner or operator of a stationary s ource 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 revisi on of a Class III operating perm it for a stationary source must
include: (a) The name and address of the owner or operator of the stationary source; (b) The location of th e stationary source; (c) A description of: (1) The existing emission units undergoi ng modification and the applicable control systems; and (2) The proposed modifications to those emission units; (d) A description of any proposed new emi ssion units and applicab le control systems; (e) The potential to emit for each proposed ne w and existing emission unit for each regulated air pollutant to which a standard applies; and (f ) Any other information that the Director determ ines is necessary to process the application and issue a revised Class III operating perm it 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 w ith 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 Cl ass 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 de nied. If an application is not submitted in accordance with subsection 2, the stationary sour ce 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 sp ecified in NAC 445B.327. (Added to NAC by Environmental Co mm’n by R103-02, eff. 12-17-2002; A by R198-03, 4- 26-2004)

This document is based on the January 2005 Legi slative 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