APPENDIX B

State of Nevada Applicable State Implementation Plan

REGULATORY ELEMENTS: Air Pollution
B-1

State of Nevada Applicable State Implementation Plan1

REGULATORY ELEMENTS: Air Pollution

Through and including 9/27/2012 final FR actions

January 28, 1972 - September 27, 2012

Last revised 11/01/2012

EXPLANATION: 

Gray = Provision proposed for rescission by EPA 12/18/06 (71FR75690 re excess emissions), but not finalized.

Definitions

445B.001 Definitions.

445.431 Acid mist defined.

445B.002 Act defined.

445B.003 Adjacent properties defined

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

445B.004 Administrator defined.

445B.005 Affected facility defined.

445B.006 Affected source defined.

445B.007 Affected state defined.

445B.009 Air-conditioning equipment defined.

445.436 Air contaminant defined.

445B.011 Air pollution defined.

445B.013 Allowable emissions defined. 

445B.014 Alteration defined.

445B.015 Alternative method defined.

445B.016 Alternative operating scenarios defined. 

445B.018 Ambient air defined.

445B.019 Applicable requirements defined. 

445B.022 Atmosphere defined.

445.445 Barite defined.

445.447 Barite grinding mill defined.

445B.029 Best available retrofit technology. 

445B.030 British thermal units defined.

445.458 Calcine defined.

445B.035 Class I-B application defined.

445B.036 Class I source defined. 

445B.037 Class II source defined. 

445B.038 Class III source defined.

445.464 Coal defined.

445.470 Colemanite defined.

445.471 Colemanite processing plant defined.

445B.042 Combustible refuse defined

445B.0423 Commence defined.

445B.0425 Commission defined.

445B.044 Construction defined.

 

1

This includes the regulatory elements of the Nevada ASIP applicable to the NDEP’s jurisdiction to the best of the 

NDEP’s knowledge; it may vary somewhat from the U.S. EPA version. A proposed updated/replacement ASIP was 

submitted to EPA on February 16, 2005 with revisions on January 12, 2006, December 8, 2006, June 26, 2007, 

August 20, 2007, January 24, 2011, November 9, 2011 and May 21, 2012. This “Current” ASIP incorporates all of 

EPA’s final actions on NDEP’s submittals through September 27, 2012: the 3/27/06, 12/11/06, 4/20/07, 5/8/07, 

4/9/08, 4/16/08, 3/26/12 and 9/27/2012 FR actions and the 1/3, 5/8, 6/13, 11/2/07and 4/16/08 rescissions.
B-2

445B.046 Contiguous property defined

445B.047 Continuous monitoring system defined.

445.482 Converter defined.

445B.051 Day defined.

445B.053 Director defined.

445B.054 Dispersion technique defined. 

445.492 Dryer defined.

Art. 1.60 Effective date. 

445B.055 Effective date of the program defined.

445B.056 Emergency defined.

445B.058 Emission defined.

445B.059 Emission unit defined.

445B.060 Enforceable defined.

445B.061 EPA defined.

445B.062 Equivalent method defined.

445B.063 Excess emissions defined.

445B.064 Excessive concentration defined. 

Art. 1.73 Existing source.

445B.066 Existing stationary source defined.

445B.068 Facility defined.

445B.069 Federally enforceable defined.

445B.070 Federally enforceable emissions cap defined.

445.512 Floating roof defined.

445.513 Fossil fuel defined.

445B.072 Fuel defined.

445B.073 Fuel-burning equipment defined.

445B.075 Fugitive dust defined.

445B.077 Fugitive emissions defined.

445B.080 Garbage defined.

445B.082 General permit defined. 

445B.083 Good engineering practice stack height defined. 

445B.084 Hazardous air pollutant defined.

445B.086 Incinerator defined.

445B.087 Increment defined

445.536 Lead defined.

445B.091 Local air pollution control agency defined.

Art. 1-Definitions: No. 2-LAER

Lowest achievable emission rate.

445B.093 Major modification defined.

445B.094 Major source defined. 

445B.0945 Major stationary source defined. 

445B.095 Malfunction defined.

445B.097 Maximum allowable throughput defined.

445B.099 Modification defined.

445B.103 Monitoring device defined.

445B.104 Motor vehicle defined.

445B.106 Multiple-chamber incinerator defined.

445B.107 Nearby defined.

Art. 1.114 New source. 

445B.108 New stationary source defined. 

445B.109 Nitrogen oxides defined.

445B.112 Nonattainment area defined.

445B.113 Nonroad engine defined.

445B.1135 Nonroad vehicle defined.

445B.116 Odor defined.
B-3

445B.117 Offset defined. 

445B.119 One-hour period defined.

445B.121 Opacity defined.

445B.122 Open burning defined.

445B.123 Operating permit defined.

445B.124 Operating permit to construct defined. 

445B.125 Ore defined.

445B.127 Owner or operator defined.

445B.129 Particulate matter defined.

445B.130 Pathological wastes defined.

445B.134 Person defined.

445.565 Petroleum defined.

445B.1345 Plantwide applicability limitation defined. 

445B.135 PM (10) defined.

Art. 1.131 Point source.

445.570 Portland cement plant defined.

445B.138 Potential to emit defined. 

445.574 Precious metal defined.

445.575 Precious metal processing plant defined.

445B.142 Prevention of significant deterioration of air quality defined. 

445B.144 Process equipment defined.

445B.145 Process weight defined.

445.585 Process weight rate defined.

445B.147 Program defined.

445B.151 Reference conditions defined.

445B.152 Reference method defined.

445.592 Registration certificate defined.

445B.153 Regulated air pollutant defined.

445B.154 Renewal of an operating permit defined. 

445B.156 Responsible official defined.

445B.157 Revision of an operating permit defined. 

445.597 Roaster defined.

445B.161 Run defined.

445B.163 Salvage operation defined.

445B.167 Shutdown defined.

445B.168 Single-chamber incinerator defined.

Art. 1.171 Single source. 

445B.172 Six-minute period defined.

445.618 Slag defined.

445B.174 Smoke defined.

445B.176 Solid waste defined.

445B.177 Source defined.

445B.179 Special mobile equipment defined. 

445B.180 Stack and chimney defined.

445B.182 Standard defined.

445B.185 Start-up defined.

445B.187 Stationary source defined. 

445B.190 Stop order defined.

445.633 Submerged fill pipe defined.

445B.194 Temporary source defined. 

445B.198 Uncombined water defined.

445B.200 Violation defined.

445B.202 Volatile organic compound defined.

445B.205 Waste defined.

445B.207 Wet garbage defined.
B-4

445B.209 Year defined.

445B.211 Abbreviations.

General Provisions

445B.220 Severability.

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

445B.2202 Visible emissions: Exceptions for stationary sources.

Art. 16.3.3 Standard for opacity

Art. 16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which 

exhibit greater than 10 percent opacity

Art. 16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed . . .

445.729 Process weight rate for calculating emission rates.

445.730 Colemanite flotation processing plants.

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

rates.

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

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

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

Art. 7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the 

first barite grinding mill

445.808 1. This section applies to those systems of the facilities described in subsection 2 . . .

445.816 1. This section applies to those systems of the facilities described in subsection 2 . . .

Art. 8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds . . .

Art. 8.2.2 For purposes of Article 8, “sulfur emission” means . . .

445B.2204 Sulfur emission defined.

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

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

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

445B.22067 Open burning.

445B.2207 Incinerator burning.

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

produced by burning of fossil fuels.

445B.2209 Reduction of animal matter.

445B.22093 Organic solvents and other volatile compounds.

445B.22095 Emission limitation for BART. 

445B.22096 Control measures constituting BART; limitations on emissions.

445B.22097 Standards of quality for ambient air.

445B.225 Prohibited Conduct: Concealment of emissions.

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

modification of required equipment; modification of required procedure.

445B.229 Hazardous emissions: Order for reduction or discontinuance.

445B.230 Plan for reduction of emissions.

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

Art. 2.5 Scheduled maintenance, testing, and breakdown or upset

Art. 2.5.4 Breakdown or upset, determined by the Director to be unavoidable and not the result of 

careless or marginal operations, shall not be considered a violation of these regulations.

445B.250 Notification of planned construction or reconstruction.

445B.252 Testing and sampling.

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

445B.257 Monitoring systems: Location.

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

445B.259 Monitoring systems: Performance evaluations.

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

445B.261 Monitoring systems: Adjustments.
B-5

445B.262 Monitoring systems: Measurement of opacity.

445B.263 Monitoring systems: Frequency of operation.

445B.264 Monitoring systems: Recordation of data.

445B.265 Monitoring systems: Records; reports.

445B.267 Alternative monitoring procedures or requirements.

445B.275 Violations: Acts constituting; notice.

445B.277 Stop orders.

445.694 Emission discharge information.

445.699 Violations: Administrative fines.

445.764 Reduction of employees' pay because of use of system prohibited.

Operating Permits Generally

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

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

445B.295 Application: General requirements. 

445B.297 Application: Submission; certification; additional information.

445B.298 Application: Official date of submittal. 

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

445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with 

applicable state implementation plan.

Art. 13.1 General provisions for the review of new sources.

Art. 13.1.1 Prior to the issuance of any registration certificates in accordance with . . .

Art. 13.1.3 The Director shall not issue a registration certificate for any point source if: . . .

Art. 13.2 The following new single sources or modifications to an existing single source . . .

Art. 13.2.1 Any single source which can cause, allow or permit the emission of an air . . .

Art. 13.2.2 Any combination of single sources located at a single premise which can cause, . . .

445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack 

height.

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

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

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

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

conditions.

445B.318 Operating permits: Requirement for each source; form of application; issuance or denial; 

posting.

445B.319 Operating permits: Administrative amendment.

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

reissuance.

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

Class I Operating Permits

445B.3361 General requirements.

445B.3363 Operating permit to construct: Application.

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

Application.

445B.3364 Operating permit to construct: Action by Director on application; notice; public comment 

and hearing.

445B.3365 Operating permit to construct: Contents; noncompliance with conditions.

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

noncompliance with conditions.

445B.3366 Expiration and extension of operating permit to construct; expiration and renewal of 

plantwide applicability limitation.
B-6

445B.3368 Additional requirements for application; exception.

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

445B.3395 Action by Director on application; notice; public comment and hearing; objection by 

Administrator; expiration of permit.

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

445B.342 Certain changes authorized without revision of permit; notification of authorized changes.

445B.3425 Minor revision of permit.

445B.344 Significant revision of permit.

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

445B.3443 Renewal of permit.

445B.3447 Class I general permit.

Class II Operating Permits

445B.3453 Application: General requirements.

445B.3457 Action by Director on application; notice; public comment and hearing; expiration of 

permit.

445B.346 Required contents of permit.

445B.3465 Application for revision.

445B.3473 Renewal of permit.

445B.3477 Class II general permit.

Class III Operating Permits

445B.3485 Application: General requirements

445B.3487 Action by Director on application; expiration of permit.

445B.3489 Required contents of permit.

445B.3493 Application for revision.

445B.3497 Renewal of permit.
B-7

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

Definitions

445B.001

(Supersedes 

445.430)

Definitions. As used in NAC 445B.001 to 445B.3791, inclusive, unless the context otherwise requires, the words and terms 

defined in NAC 445B.002 to 445B.211, inclusive, have the meanings ascribed to them in those sections.

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

89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 

10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R189-05, 5-4-2006; R162-06, 9-18-2006; 

R154-06, 11-13-2006, eff. 1-1-2007)

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008

445.431 "Acid mist" defined.

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

Appendix A, or an equivalent or alternative method. 

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

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

49 FR 11626 

3/27/1984

445B.002

(Supersedes 

445.432)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B. 003 “Adjacent properties” defined. “Adjacent properties” means parcels of land that lie near each other or in close proximity.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4325)

77FR59321

9/27/2012

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

means a revision of an existing Class I operating permit that incorporates the relevant conditions of an operating permit to 

construct.

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

77FR59321

9/27/2012

445B.004

(Supersedes 

445.433)

“Administrator” defined. “Administrator” means the Administrator of the United States Environmental Protection Agency 

or the Administrator’s representative or delegate.

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

445.433)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.005

(Supersedes 

445.434)

“Affected facility” defined. “Affected facility” means, with reference to a stationary or temporary source, any apparatus to 

which a standard is applicable.

 [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.006 “Affected source” defined. “Affected source” means a stationary source subject to the requirements relating to acid rain set (c)(56)(i)(A)

 

2 Effective March 13, 2012 (77 FR 14862), EPA redesignated 40 CFR § 52.1470 as § 52.1490. Before this date, all of the CFR citations in this document pointed 

to § 52.1470. The March 13, 2012 action reformatted the Nevada SIP recordation into table format. State regulations approved into the Nevada SIP after this date 

appear in a table maintained by EPA at 40 CFR § 52.1470(c). In this document, for further information on SIP revisions made after March 13, 2012, we provide 

the Federal Register notice citation.
B-8

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 10-25-2001)

71FR15040

3/27/2006

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.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4346)

77FR59321

9/27/2012

445B.009

(Supersedes 

445B.435)

“Air-conditioning equipment” defined. “Air-conditioning equipment” means equipment utilized to heat or cool the interior 

of a building or structure.

 [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—(Substituted in 

revision for NAC 445.435)

(c)(56)(i)(A) 

71FR15040

3/27/2006

445.436 "Air contaminant" defined.

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

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

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

445B.011

(Supersedes 

445.437)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.013 “Allowable emissions” defined. “Allowable emissions” means the emissions from a stationary source at its designed 

maximum capacity or at its actual maximum capacity, whichever is greater, except as reduced by any federally enforceable 

limitations on its emissions which are established:

 1. By Nevada laws or regulations;

 2. By any applicable requirement; or

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

combusted or processed, the operating rates, the hours of operation, or any other factor limiting production or emission, 

whichever is most stringent.

 [Environmental Comm’n, Air Quality Reg. § 1.6.5, eff. 10-16-80]—(NAC A 10-22-87; 12-13-93; 10-30-95; R096-05, 10-

31-2005)

77FR59321

9/27/2012

445B.014 “Alteration” defined. “Alteration” means any addition to, or enlargement, replacement, modification or change of the design, 

capacity, process, arrangement, operating hours or control apparatus that will affect the kind or amount of regulated air 

pollutants emitted.

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

77FR59321

9/27/2012

445B.015

(Supersedes 

445.439)

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

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

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

 [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.016 “Alternative operating scenarios” defined. “Alternative operating scenarios” means two or more modes or types of 77FR59321
B-9

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

operation specifically identified by a stationary source in its application and approved by the Director as a condition or as

conditions of the source’s operating permit.

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

9/27/2012

445B.018

(Supersedes 

445.441)

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

facilities or installations to which the public has access.

 [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79]—(NAC A 10-22-

87)—(Substituted in revision for NAC 445.441)

(c)(56)(i)(A)

71FR15040

3/27/2006

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.3689, inclusive, except for the 

standards for ambient air established in NAC 445B.22097;

 (b) Provided in the applicable implementation plan approved or adopted by the EPA pursuant to 42 U.S.C. §§ 7401 to 

7515, inclusive;

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

of accidental releases;

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

 (e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 7661c(b);

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

 (g) For consumer and commercial products or tank vessels adopted pursuant to 42 U.S.C. § 7511b; and

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

Administrator determines that such provisions are not required in an operating permit;

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

 3. Any term or condition of any permit issued pursuant to the requirements of 42 U.S.C. §§ 7401 to 7515, inclusive, 

including provisions regarding the prevention of significant deterioration of air quality and new source review; and

 4. Any national ambient air quality standard or requirement regarding increments or visibility adopted pursuant to 42 

U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a temporary source for which the owner or operator has applied 

for and obtained an operating permit pursuant to NAC 445B.287 to 445B.3497, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R040-10, 

eff. 7-22-2010)

77FR59321

9/27/2012

445B.022

(Supersedes 

445.444)

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

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

1.13, 8-28-79]—(Substituted in revision for NAC 445.444)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.445 "Barite" defined.

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

(c)(25)(i)(A)
B-10

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

445.447 "Barite grinding mill" defined.

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

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

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

445B.029 “Best available retrofit technology” defined. “Best available retrofit technology” means an emission limitation based on the 

degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant

that is emitted by an existing stationary facility as defined in 40 C.F.R. § 51.301.

 (Added to NAC by Environmental Comm’n by R190-08, eff. 4-23-2009)

77FR17334

3/26/2012

445B.030

(Supersedes 

445.457)

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

of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7 pounds per 

square inch (29.92 inches of mercury).

 [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76]—(NAC A 10-22-

87)—(Substituted in revision for NAC 445.457)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.458 "Calcine" defined.

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

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

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

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)

77FR59321

9/27/2012

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; R125-04, 9-24-2004)

77FR59321

9/27/2012

445B.037 “Class II source” defined. “Class II source” means any stationary source which is not subject to the requirements of 42 

U.S.C. §§ 7661 to 7661f, inclusive, but which is otherwise subject to the requirements of NAC 445B.001 to 445B.3689, 

inclusive. The term does not include a stationary source that is operating under a Class III operating permit issued pursuant to 

NAC 445B.001 to 445B.3689, 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; 

R040-1-, eff. 7-22-2010)

77FR59321

9/27/2012

445B.038 “Class III source” defined. “Class III source” means a stationary source which is subject to the requirements set forth in 

NAC 445B.001 to 445B.3689, 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 

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B-11

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

PM10, NOx, SO2, VOC and H2S;

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

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

 4. Which does not exceed 750 horsepower and is not subject to the requirements of 40 C.F.R. Part 60 except for:

(a) A stationary compression ignition internal combustion engine subject to Subpart IIII; or

 (b) A stationary spark ignition internal combustion engine subject to Subpart JJJJ;

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

 6. Which is not subject to the requirements of 40 C.F.R. Part 63, except for a stationary reciprocating internal combustion 

engine subject to Subpart ZZZZ and which does not exceed 750 horsepower;

 7. Which is not a temporary source;

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

 9. Which does not operate a thermal unit that emits mercury, as defined in NAC 445B.3643; and

 10. Whose owner or operator:

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

 (b) Is not required to obtain an operating permit to operate the stationary source solely to comply with NAC 445B.22037 

relating to surface area disturbances.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R189-05, 5-4-2006; R142-07, 4-17-2008; 

R076-08, 8-26-2008; R040-10, 7-22-2010)

445.464 "Coal" defined.

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

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

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

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

445.470 "Colemanite" defined.

"Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca2B6Oll, 5H2O, and which is 

normally white or colorless.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 11-17-78]

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

445.471 "Colemanite processing plant" defined.

"Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the production of 

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

required and loading.

[Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 11-17-78]

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

445B.042

(Supersedes 

445.472)

“Combustible refuse” defined. “Combustible refuse” means any waste material which can be consumed by combustion.

 [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)

(c)(56)(i)(A)

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Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445B.0423 

(Supersedes 

Article

1.36)

“Commence” defined. “Commence,” as used in reference to construction or modification of a stationary source, means that 

the owner or operator has:

 1. Obtained all necessary preconstruction approvals or permits, including those required by federal air quality control laws 

and regulations, NAC 445B.001 to 445B.3689, inclusive, and air quality laws and regulations which are part of the applicable 

state implementation plan; and

 2. Taken affirmative steps toward construction or modification, in one of the following ways:

 (a) Has begun, or caused to begin, a continuous program of on-site construction of the source to be completed within a 

reasonable time, as demonstrated by the initiation of physical on-site construction activities on an emission unit which are of a 

permanent nature, which may include, without limitation, the installation of building supports and foundations, laying of 

underground pipework and the construction of permanent storage structures;

 (b) Has entered into binding agreements or contractual obligations, which cannot be cancelled or modified without 

substantial loss to the owner or operator, to undertake a program of construction of the source, to be completed within a 

reasonable time; or

 (c) For modification of a stationary source, has begun those on-site activities, other than preparatory activities, which mark 

the initiation of the modification.

(Added to NAC by Environmental Comm’n by R142-07, eff. 4-17-2008)

77FR59321

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445B.0425

(Supersedes 

Article

1.38)

“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)

(c)(56)(i)(A)

71FR15040

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445B.044 

(Supersedes 

Article

1.42)

“Construction” defined. “Construction” means any physical change or change in the method of operation of an emission unit, 

including, without limitation, the fabrication, erection, installation or modification of an emission unit.

 [Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 3-5-98; R096-05, 10-31-2005)

77FR59321

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445B.046 

(Supersedes 

Article

1.43)

“Contiguous property” defined. “Contiguous property” means any property under single or joint ownership or operatorship 

which is in physical contact, touching, near or adjoining. Public property or a public right-of-way shall not be deemed as a 

break in any otherwise contiguous property.

 [Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43, 12-4-76]—(Substituted in revision 

for NAC 445.479)

77FR59321

9/27/2012

445B.047

(Supersedes 

445.480)

“Continuous monitoring system” defined. “Continuous monitoring system” means the equipment required for monitoring 

emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanent record of emissions or 

process parameters.

 [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.480)

(c)(56)(i)(A)

71FR15040

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445.482 "Converter" defined. (c)(25)(i)(A)
B-13

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Text of Regulations and Articles: 

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CFR

52.1490

and or FR2

Article # NAC #

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

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

445B.051

(Supersedes 

445.486)

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

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

445.486)

(c)(56)(i)(A)

71FR15040

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445B.053

(Supersedes 

445.488)

“Director” defined. “Director” means the Director of the State Department of Conservation and Natural Resources or his 

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

local air pollution control ordinances and regulations.

 [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-77]—(Substituted 

in revision for NAC 445.488)

(c)(56)(i)(A)

71FR15040

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445B.054 “Dispersion technique” defined. 

 1. “Dispersion technique” means any technique that attempts to affect the concentration of a pollutant in the ambient air 

by:

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

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

pollutant; or 

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

parameters, combining exhaust gases from several existing stacks into one stack or other selective handling of exhaust gas 

streams so as to increase the exhaust gas plume rise.

 2. The term does not include: 

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

temperature at which it was originally discharged from the facility generating the gas stream.

 (b) The merging of exhaust gas streams where:

 (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such 

merged gas streams; 

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

pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the 

definition of “dispersion techniques” applies only to the emission limitation for the pollutant affected by such a change in 

operation; or 

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

emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the 

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

of pollutants actually emitted before the merging, the Director shall presume that merging was significantly motivated by an 

intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging 

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CFR

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and or FR2

Article # NAC #

was not significantly motivated by such an intent, the Director shall deny credit for the effects of such merging in calculating 

the allowable emissions for the source. 

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

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

 (e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas plume rise where the resulting 

allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

445.492 "Dryer" defined. 

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

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

facility.

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

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

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

NRS 233B.070.

(c)(14)(vii)

445B.055 “Effective date of the program” defined. “Effective date of the program” means the date on which the Administrator 

approves the program.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4915)

(c)(56)(i)(A)

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445B.056 “Emergency” defined. “Emergency” means any situation arising from a sudden and reasonably unforeseeable event beyond 

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

operation, and that causes the source to exceed an emission limitation contained in the operating permit which is based on a 

specific type of technology. The term does not include the failure to comply with emission limitations because of the improper 

design of the source, the lack of preventative maintenance, the careless or improper operation of the source, or any error by the 

operator.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4955)

(c)(56)(i)(A)

71FR15040

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445B.058

(Supersedes 

445.499)

“Emission” defined. 

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which contains, or may 

contain, a regulated air pollutant.

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

 [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)

(c)(56)(i)(A)

71FR15040

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445B.059

(Supersedes 

445.500)

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

regulated air pollutant.

 [Environmental Comm’n, Air Quality Reg. § 1.57.5, eff. 10-16-80]—(NAC A 10-22-87; 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

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445B.060 “Enforceable” defined. “Enforceable” means enforceable under federal, state or local law. (c)(56)(i)(A)
B-15

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (Added to NAC by Environmental Comm’n, eff. 10-14-82)—(Substituted in revision for NAC 445.5005) 71FR15040

3/27/2006

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

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

(c)(56)(i)(A)

71FR15040

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445B.062

(Supersedes 

445.501)

“Equivalent method” defined. “Equivalent method” means any method of sampling and analyzing for a regulated air 

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

to the reference method under specified conditions.

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

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.063

(Supersedes 

445.504)

“Excess emissions” defined. “Excess emissions” means any emission which exceeds any applicable emission limitation 

prescribed by NAC 445B.001 to 445B.3791, inclusive, or that is contained in an operating permit. The averaging time and test 

procedures for determining excess emissions must be as specified in the relevant condition or conditions of the operating 

permit, except that this does not preclude the use, including the exclusive use, of any credible evidence or information relevant 

to the determination of whether a source would have been in compliance with the applicable requirements if the appropriate 

performance or compliance test or procedure had been performed to determine excess emissions.

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 1, eff. 8-29-79]—(NAC A 10-22-87; 12-13-93; R096-05, 10-31-2005)

(c)(66)(i)(A)(3

)

73FR19144

04/09/2008

445B.064 “Excessive concentration” defined. “Excessive concentration” means, for the purpose of determining good engineering 

practice stack height:

 1. For sources seeking credit for stack height exceeding that established under paragraph (b) of subsection 1 of NAC 

445B.083, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes and 

eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the 

maximum concentration experienced in the absence of such downwash, wakes or eddy effects and which contributes to a total 

concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 40 

C.F.R. § 52.21, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from 

a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features 

which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission 

rate to be used in making demonstrations pursuant to NAC 445B.001 to 445B.3689, inclusive, must be prescribed by the new 

source performance standard that is applicable to the source category unless the owner or operator demonstrates that this 

emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate must be 

established in consultation with the source owner or operator.

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

under paragraph (b) of subsection 1 of NAC 445B.083, either:

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

77FR59321

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Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

subsection 1, except that the emission rate specified by any applicable state limit or, in the absence of such a limit, the actual 

emission rate, must be used; or 

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

 3. For sources seeking credit after January 12, 1979, for a stack height determined under paragraph (b) of subsection 1 of 

NAC 445B.083, where the Director requires the use of a field study or fluid model to verify good engineering practice stack 

height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, 

and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not 

adequately represented by the equations in paragraph (b) of subsection 1 of NAC 445B.083, a maximum ground-level 

concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum 

concentration experienced in the absence of such downwash, wakes or eddy effects.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

1.73 Existing source. Equipment, machines, devices, articles, contrivances, or facilities which are constructed, purchased, or in 

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

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

shall be reclassified as a “new source”.

(c)(12)

445B.066

(Supersedes 

Article 

1.72)

“Existing stationary source” defined. “Existing stationary source” means:

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

 2. For all other stationary sources, a stationary source which was constructed, or for which the owner or operator submitted 

a complete application for an operating permit, before the effective date of the program.

 [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73, 12-4-76]—(NAC A 12-13-93; 10-

30-95)

77FR59321

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445B.068 “Facility” defined. “Facility” includes any groups of activities which emit regulated air pollutants, are located on one or more 

contiguous properties, and are owned, operated or controlled by the same person.

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

77FR59321

9/27/2012

445B.069 “Federally enforceable” defined. “Federally enforceable” means all limitations and conditions which are enforceable by the 

Administrator pursuant to any provision of the Act, 40 C.F.R. §§ 52.21, any requirements developed pursuant to the applicable 

state implementation plan and 40 C.F.R. §§ 51.160 to 51.166, inclusive, 40 C.F.R. Parts 60, 61 and 63, or 40 C.F.R. Part 70, 

or by other persons pursuant to 42 U.S.C. § 7604.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; R142-07, 4-17-2008)—

(Substituted in revision for NAC 445.5095)

77FR59321

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445B.070 “Federally enforceable emissions cap” defined. “Federally enforceable emissions cap” means a condition of an operating 

permit containing an emission limitation that the holder of the operating permit requested and the Director approved and which

is independent of any applicable requirement or requirements.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.5105)

77FR59321

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Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.512 "Floating roof" defined.

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

covered floating roof, which rests upon and is supported by the petroleum liquid being contained and is equipped with a seal 

or seals to close the space between the edge of the roof and wall of the tank.

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

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

445.513 "Fossil fuel" defined.

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

the purpose of creating useful heat.

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

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

445B.072

(Supersedes 

445.516)

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

 [Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 12-4-76]—(NAC A 10-22-87)—

(Substituted in revision for NAC 445.516)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.073

(Supersedes 

445.517)

“Fuel-burning equipment” defined. “Fuel-burning equipment” means:

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

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

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

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

 [Environmental Comm’n, Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as § 1.85, 12-4-76]—(NAC A 9-19-

90)—(Substituted in revision for NAC 445.517)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.075

(Supersedes 

Article1.86)

“Fugitive dust” defined. “Fugitive dust” means emissions of solid, airborne particulate matter which could not reasonably 

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

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

1.75, 10-16-80]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.520)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.077 “Fugitive emissions” defined. “Fugitive emissions” means emissions of any regulated air pollutants, including fugitive dust, 

which could not reasonably pass through a stack, chimney, vent or a functionally equivalent opening.

 [Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.080

(Supersedes 

445.525)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.082 “General permit” defined. “General permit” means an operating permit issued by the Director to cover numerous similar 

stationary sources.

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

77FR59321

9/27/2012

445B.083 “Good engineering practice stack height” defined. 

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

77FR59321

9/27/2012
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Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (a) Two hundred thirteen feet, measured from the ground-level elevation at the base of the stack;

 (b) A height determined as follows:

 (1) For stacks that commenced construction on or before January 12, 1979, and for which the owner or operator had 

obtained all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 and NAC 445B.001 to 445B.3689,

inclusive, the height determined by use of the equation Hg = 2.5H, so long as the owner or operator produces evidence that this 

equation was actually relied on in establishing an emission limitation; and

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

 except that the Director may require the use of a field study or fluid model to verify good engineering practice stack height 

for the source; or 

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

from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes or eddy 

effects created by the source itself, nearby structures or nearby terrain features.

 2. For the purposes of this section:

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

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

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

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

445B.084 “Hazardous air pollutant” defined. “Hazardous air pollutant” has the meaning ascribed to it in NRS 445B.140.

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

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.086

(Superseded 

445.533)

“Incinerator” defined. “Incinerator” means an engineered apparatus capable of withstanding heat and designed to 

efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which the residues contain little or no 

combustible material.

 [Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98, 12-4-76]—(Substituted in revision 

for NAC 445.533)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.087 NAC 445B.087 “Increment” defined. “Increment” has the meaning ascribed to it in 40 C.F.R. § 52.21, as adopted in NAC 

445B.221.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5335)

77FR59321

9/27/2012

445.536 "Lead" defined.

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

[Environmental Comm'n, Air Quality Reg. 1.101, eff. 12-4-76; A and renumbered as 1.98, 8-28-79]

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

445B.091 “Local air pollution control agency” defined. “Local air pollution control agency” means any city, county or district air (c)(56)(i)(A)
B-19

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(Superseded 

445.537)

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)

71FR15040

3/27/2006

1-

Definitions

: No. 2-

LAER

“Lowest achievable emission rate” means the emission rate for any source for which an environmental evaluation must be 

prepared which reflects:

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

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

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

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

established in these regulations.

(c)(16)(i)

445B.093 “Major modification” defined. “Major modification” has the meaning ascribed to it in 40 C.F.R. § 52.21.

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

77FR59321

9/27/2012

445B.094 “Major source” defined.

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

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

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

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

incorporated by reference in NAC 445B.221; and

 (d) Meets one of the following conditions:

 (1) Is located in a nonattainment area and is required to obtain an operating permit pursuant to 42 U.S.C. §§ 7501 to 

7515, inclusive;

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

 (I) One hundred tons per year or more of any regulated air pollutant, excluding particulate matter more than 10 

microns in diameter; or

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

hazardous air pollutants or a lesser quantity as established by the Commission; or

 (3) Is located in a particulate matter (PM10) “serious” nonattainment area and directly emits or has the potential to emit 

70 tons per year or more of PM10.

 The Director shall consider fugitive emissions in determining whether a stationary source is major for any source category 

listed in 40 C.F.R. § 52.21(b)(1)(iii), as adopted by reference pursuant to NAC 445B.221, or whether a stationary source of a 

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

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

equipment, and emissions from any pipeline compressor or pump station must not be aggregated with emissions from other 

similar units, whether or not such units are in a contiguous area or under common control.

77FR59321

9/27/2012
B-20

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 2. In determining whether a stationary source is a major source, the Director shall not consider the emissions from mobile 

sources subject to regulation under Title II of the federal Clean Air Act, 42 U.S.C. §§ 7521 to 7590, inclusive, or from 

nonroad engines.

 3. For the purposes of the program for the prevention of significant deterioration of air quality (PSD), the term “major 

source” is synonymous with the term “major stationary source” as that term is defined in 40 C.F.R. § 52.21(b)(1), as adopted 

by reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96; R105-

97, 3-5-98; R117-00, 6-1-2001)

445B.0945 

(Supersedes 

Article

1.104)

“Major stationary source” defined. “Major stationary source” has the meaning ascribed to it in 40 C.F.R. § 52.21(b)(1).

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

77FR59321

9/27/2012

445B.095

(Superseded 

445.542)

“Malfunction” defined. “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or 

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

maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown are not 

considered malfunctions.

 [Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—

(Substituted in revision for NAC 445.542)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.097 “Maximum allowable throughput” defined. “Maximum allowable throughput” means:

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

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

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

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

 (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.5435)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.099 

(Supersedes 

Article 

1.109)

“Modification” defined. “Modification” means any physical change in, or change in the method of operation of a stationary 

source which:

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

stationary source; or

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

air pollutants were not previously emitted.

 [Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as § 1.95, 5-7-80]—(NAC A 10-30-

95)

77FR59321

9/27/2012

445B.103

(Supersedes

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

process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.601, 

(c)(56)(i)(A)

71FR15040
B-21

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.548) inclusive, or as a condition of an operating permit.

 [Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96)—(Substituted in revision for NAC 445.548)

3/27/2006

445B.104 

(Supersedes 

Article 

1.111)

“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)

77FR59321

9/27/2012

445B.106

(Superseded 

445.549)

“Multiple-chamber incinerator” defined. “Multiple-chamber incinerator” means any article, machine, equipment 

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

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

ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.

 [Environmental Comm’n, Air Quality Reg. § 1.39, eff. 11-7-75; renumbered as § 1.113, 12-4-76]—(Substituted in revision 

for NAC 445.549)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.107 “Nearby” defined. “Nearby” means, as used in NAC 445B.064 and 445B.083, with respect to a specific structure or terrain 

feature:

 1. For the purpose of using the equations set forth in paragraph (b) of subsection 1 of NAC 445B.083, that distance up to 

five times the lesser of the height or the width dimension of a structure, but not greater than one-half mile; and 

 2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of NAC 445B.083, not greater than 

one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 

10 times the maximum height of the feature, not to exceed 2 miles if the feature achieves a height one-half 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 NAC 445B.083 or 85 feet, whichever is greater, as measured from the 

ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level 

elevation at the base of the stack.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

77FR59321

9/27/2012

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

of these regulations.

(c)(12)

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

 1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary source for which the owner or 

operator commenced construction or reconstruction after the Administrator proposed regulations pursuant to 42 U.S.C. § 7412 

which established an emission standard applicable to the stationary source.

 2. For all other stationary sources, a stationary source or modification for which an owner or operator has not submitted a 

complete application for an operating permit before the effective date of the program.

 [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 12-4-76; A and renumbered as § 

77FR59321

9/27/2012
B-22

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

1.100, 5-7-80]—(NAC A 12-13-93; 10-30-95)

445B.109

(Superseded 

445.552)

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

methods approved by the EPA.

 [Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in 

revision for NAC 445.552)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.112 “Nonattainment area” defined. “Nonattainment area” means, for any regulated air pollutant, an area:

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

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

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

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

 [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

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)

(c)(56)(i)(A)

71FR15040

3/27/2006

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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.116

(Superseded 

445.555)

“Odor” defined. “Odor” means a characteristic of a regulated air pollutant which makes it perceptible to the sense of smell.

 [Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 12-4-76]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.117 “Offset” defined. “Offset” means a reduction in emissions at an existing stationary source which is greater than a 

corresponding increase in emissions of the same regulated air pollutant at a new stationary source or a modification of a 

stationary source in the same nonattainment area.

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

77FR59321

9/27/2012

445B.119

(Superseded 

445.556)

“One-hour period” defined. “One-hour period” means any 60-minute period.

 [Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 

445.556)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.121

(Superseded 

445.557)

“Opacity” defined. “Opacity” means the property of a substance tending to obscure vision and measured in terms of percent 

obscuration. The relationship between opacity and Ringelmann number is approximately equal to the following in shades of 

white to gray. 

 Opacity Ringelmann

 (Percent) Number

 

(c)(56)(i)(A)

71FR15040

3/27/2006
B-23

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 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)

445B.122

(Superseded 

445.558)

“Open burning” defined. “Open burning” means any fire from which the products of combustion are emitted into the 

atmosphere without passing through a stack or chimney.

 [Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76]—(Substituted in revision 

for NAC 445.558)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.123 

(Supersedes 

445.559)

“Operating permit” defined. “Operating permit” has the meaning ascribed to it in NRS 445B.145. Unless otherwise 

specifically stated, the term includes:

 1. A Class I, a Class II and a Class III operating permit;

 2. An operating permit to construct; and

 3. A mercury operating permit to construct, as defined in NAC 445B.3625. 

 [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; R189-05, 5-4-2006; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

77FR59321

9/27/2012

445B.124 “Operating permit to construct” defined. “Operating permit to construct” means an operating permit signed and issued by 

the Director which:

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

modification to an existing Class I stationary source;

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

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

 3. Includes the requirement that the holder of the operating permit to construct submit a complete application for a Class I 

operating permit or for a modification of an existing Class I operating permit within 12 months after the date of the initial

start-up of the new or modified Class I stationary source.

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

77FR59321

9/27/2012

445B.125

(Superseded 

445.560)

“Ore” defined. “Ore” means a natural combination of minerals from which a metal can be extracted.

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted in revision for NAC 445.560)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.127

(Superseded 

“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.

(c)(56)(i)(A)

71FR15040
B-24

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.561) [Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.561) 3/27/2006

445B.129

(Superseded 

445B.562)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.130

(Superseded 

445.563)

“Pathological wastes” defined. “Pathological wastes” means human and animal remains consisting of carcasses, organs and 

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

 [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.134

(Superseded 

445.564)

“Person” defined. “Person” has the meaning ascribed to it in NRS 0.039 and includes the State of Nevada, political 

subdivisions, administrative agencies and public or quasi-public corporations.

[Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 12-4-76]—(NAC A by 

R151-06, 9-18-2006)

(c)(62)(i)(A)(1

)

72FR19801

4/20/2007

445.565 "Petroleum" defined.

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

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

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

445B.1345 “Plantwide applicability limitation” defined. “Plantwide applicability limitation” means a plantwide applicability limitation 

as defined in 40 C.F.R. § 52.21(aa)(2)(v) that has been approved by the Director and authorized in an operating permit to 

construct pursuant to NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; R040-10, eff. 7-22-2010)

77FR59321

9/27/2012

445B.135 “PM10” defined. “PM10” means any particulate matter in the atmosphere with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers as measured by an approved reference method or equivalent method based on 40 C.F.R. Part 50, 

Appendix J and designated in accordance with 40 C.F.R. Part 53.

 (Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted in revision for NAC 445.5655)

(c)(56)(i)(A)

71FR15040

3/27/2006

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

there is ambient air standard, or without regard to amount of emission, stationary sources such as those listed in 40 CFR 51, 

Appendix C.

(c)(12)

445B.138 “Potential to emit” defined. “Potential to emit” means the maximum capacity of a stationary source to emit a regulated air 

pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a stationary 

source to emit a regulated air pollutant, including equipment for the control of air pollution and any restrictions on the hours of 

operation of the stationary source or on the type or amount of material combusted, stored or processed, may be treated as part 

of its design for the purposes of determining its potential to emit if the limitation is federally enforceable.

 [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; R126-10, 

12-16-2010)

77FR59321

9/27/2012
B-25

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.570

(proposed)

"Portland cement plant" defined. 

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

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

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

445.574 "Precious metal" defined.

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

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

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

445.575 "Precious metal processing plant" defined.

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

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

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

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

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

the meaning ascribed to it in 40 C.F.R. § 52.21.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5795)

77FR59321

9/27/2012

445B.144

(Superseded 

445.581)

“Process equipment” defined. “Process equipment” means any equipment used for storing, handling, transporting, 

processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.601, inclusive, 

as fuel-burning equipment or incinerators.

 [Environmental Comm’n, Air Quality Reg. § 1.52, eff. 11-7-75; renumbered as § 1.140, 12-4-76]—(Substituted in revision 

for NAC 445.581)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.145

(Superseded 

445.584)

“Process weight” defined. “Process weight” means the total weight of all materials introduced into an emission unit including 

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

 [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and renumbered as § 

1.140, 8-28-79]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.585 "Process weight rate" defined.

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

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

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

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

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

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

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

[Environmental Comm'n, Air Quality Reg. 1.51-1.51.3, eff. 11-7-75; renumbered as 1.144, 12-4-76; A and renumbered as 

1.141, 8-28-79]

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

445B.147 “Program” defined. “Program” means the program for issuing operating permits to Class I sources which the Administrator 

has approved as complying with the requirements of 40 C.F.R. Part 70.

77FR59321

9/27/2012
B-26

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.5855)

445B.151

(Superseded 

445.589)

“Reference conditions” defined. “Reference conditions” means that all measurements of ambient air quality are corrected to 

a reference temperature of 77°F (25°C) and to a reference pressure of 29.92 inches (760 millimeters, 1,013.2 millibars) of 

mercury.

 [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A and renumbered 

as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.589)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.152

(Superseded 

445.590)

“Reference method” defined. “Reference method” means any method of sampling and analyzing for a regulated air pollutant 

as described in Appendix A of 40 C.F.R. § 60.

 [Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A 10-30-

95)

(c)(56)(i)(A)

71FR15040

3/27/2006

445.592 "Registration certificate" defined.

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

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

2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 to 445.711, 

inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with and constitutes approval 

of location and for construction.

[Environmental Comm'n, Air Quality Reg. 1.55, eff. 11-7-75; renumbered as 1.151, 12-4-76; A and renumbered as 1.147, 

8-28-79]

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

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

 1. Nitrogen oxides or any volatile organic compounds;

 2. Any pollutant subject to:

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

Administrator;

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

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

 3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or

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

under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent or 

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

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R096-05, 10-31-2005)

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008

445B.154 “Renewal of an operating permit” defined. “Renewal of an operating permit” means the process by which a holder of an 

operating permit applies for and the Director reissues the operating permit at the end of its term.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5915)

77FR59321

9/27/2012

445B.156 “Responsible official” defined. “Responsible official” means: 77FR59321
B-27

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 1. For a corporation:

 (a) A president;

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

 (c) A secretary;

 (d) A treasurer; or

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

designated in writing by an officer of the corporation and approved in advance by the Director.

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

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

including, for a federal agency, a chief executive officer who has responsibility for the overall operations of a principal 

geographic unit of the agency.

 4. For an affected source, the designated representative or his alternate, as defined in 42 U.S.C. § 7651a (26).

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A by R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

9/27/2012

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; A by R125-04, 9-24-2004)

77FR59321

9/27/2012

445.597 "Roaster" defined.

"Roaster" means:

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

of the sulfur contained in the charge; or

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

of the sulfur contained in the charge.

[Environmental Comm'n, Air Quality Reg. 1.156-1.157, eff. 12-4-76]

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

445B.161

(Superseded 

445.599)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.163

(Superseded 

445.601)

“Salvage operation” defined. “Salvage operation” means any operation conducted in whole or in part for the salvaging or 

reclaiming of any product or material.

 [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 12-4-76]—(Substituted in 

revision for NAC 445.601)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.167

(Superseded 

Article 1.166)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.168 “Single-chamber incinerator” defined. “Single-chamber incinerator” means an incinerator with one chamber that serves for (c)(56)(i)(A)
B-28

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(Superseded 

445.612)

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

Department of Conservation and Natural Resources.

 [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and renumbered as § 1.94.1, 8-28-79]—

(Substituted in revision for NAC 445.612)

71FR15040

3/27/2006

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

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

materials or produce dissimilar products will be treated separately.

(c)(12)

445B.172 

(Supersedes

445.617)

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

 [Environmental Comm’n, Air Quality Reg. § 1.175, eff. 12-4-76]—(Substituted in revision for NAC 445.617)

(c)(66)(i)(A)

73FR19144

4/9/2008

445.618 "Slag" defined.

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

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

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

445B.174

(Supersedes

445.621)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.176

(Supersedes 

445.622)

“Solid waste” defined. “Solid waste” means refuse, more than 50 percent of which is municipal type waste consisting of a 

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

materials such as glass and rock.

 [Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.622)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.177

(Supersedes

Article 

1.181)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.180

(Supersedes

445.624)

“Stack” and “chimney” defined. “Stack” or “chimney” means any flue, conduit or duct which conducts a regulated air 

pollutant to the atmosphere.

 [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 12-4-76]—(NAC A 10-14-82; 3-

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

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.182

(Supersedes

Article 1.185)

“Standard” defined. “Standard” means a standard of performance that is proposed or promulgated by the Administrator or 

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

 [Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-94)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.185

(Supersedes

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

 [Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.627)

(c)(56)(i)(A)

71FR15040
B-29

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.627) 3/27/2006

445B.187 

(Supersedes 

Article 1.187)

“Stationary source” defined.

 1. “Stationary source” means all buildings, structures, facilities and installations, including temporary sources, which:

 (a) Belong to the same major industrial groupings described in the Standard Industrial Classification Manual, as 

incorporated by reference in NAC 445B.221;

 (b) Are located on one or more contiguous or adjacent properties;

 (c) Are owned or operated by the same person or by persons under common control; and

 (d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive, 

or NAC 445B.001 to 445B.3689, inclusive.

 2. Contracted operations that support the primary operations of the stationary source are part of the stationary source, 

except that temporary construction activities, including, without limitation, the construction of emission units, are not part of 

the stationary source.

 3. The term does not include motor vehicles, nonroad engines and nonroad vehicles.

 [Environmental Comm’n, Air Quality Reg. § 1.182, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95; R105-97, 3-

5-98; R117-00, 6-1-2001; R040-10, 7-22-2010; R126-10, 12-16-2010)

77FR59321

9/27/2012

445B.190 

(Superseded 

445.630)

“Stop order” defined. “Stop order” means a written notice by the Director served on a person or persons requiring such 

persons to cease the activity that the Director, pursuant to NAC 445B.277, has determined is in violation of any provision of 

NAC 445B.001 to 445B.3791, inclusive, an applicable requirement or any condition of an operating permit.

 [Environmental Comm’n, Air Quality Reg. § 1.63, eff. 11-7-75; renumbered as § 1.184, 12-4-76]—(NAC A 12-13-93)

(c)(66)(i)(A)

73FR19144

4/9/2008

445.633 "Submerged fill pipe" defined.

"Submerged fill pipe" means:

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

bottom of the tank; or

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

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

[Environmental Comm'n, Air Quality Reg. 1.64, eff. 11-7-75; renumbered as 1.191, 12-4-76]

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

445B.194 “Temporary source” defined. “Temporary source” means any building, structure, facility or installation which:

 1. Emits or may emit any regulated air pollutant;

 2. May be moved from one location to another;

 3. Is located or operated in a location for a period of less than 12 months; and

 4. Is not an affected source.

 (Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R117-00, 6-1-2001)

77FR59321

9/27/2012

445B.198

(Superseded 

“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 § 

(c)(56)(i)(A)

71FR15040
B-30

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445.647) 1.200, 8-28-79]—(Substituted in revision for NAC 445.647) 3/27/2006

445B.200

(Supersedes 

445.649)

“Violation” defined. “Violation” means a failure to comply with any of the provisions of NAC 445B.001 to 445B.3689, 

inclusive, any applicable requirement or any condition of an operating permit.

 [Environmental Comm’n, Air Quality Reg. § 1.203, eff. 8-28-79]—(NAC A 10-22-87; 12-13-93; R040-10, eff. 7-22-10)

77FR59321

9/27/2012

445B.202

(Superseded 

445.650)

“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)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.205

(Superseded 

445.651)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.207

(Superseded 

445.653)

“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)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.209 “Year” defined. “Year” means any consecutive 365-day period.

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

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.211

(Superseded

445.655)

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

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

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

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

CO2.................................................................. carbon dioxide

°F..................................................................... degree Fahrenheit

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

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

lb...................................................................... pound

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

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

O2..................................................................... oxygen

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

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

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

(c)(56)(i)(A)

71FR15040

3/27/2006
B-31

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 [Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as § 1.209, 8-28-79]—(NAC A 10-15-

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

General Provisions

445B.220 

(Superseded 

445.660)

Severability. If any of the provisions of NAC 445B.001 to 445B.3791, inclusive, or any application thereof to any person, 

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

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

 [Environmental Comm’n, Air Quality Reg. § 2.1.1, eff. 11-7-75]—(NAC A by R105-97, 3-5-98; R189-05, 5-4-2006; 

R154-06, 11-13-2006, eff. 1-1-2007)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.22017

(Superseded

445.721)

Visible emissions: Maximum opacity; determination and monitoring of opacity.

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

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

be determined by one of the following methods:

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

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

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

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

 2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that consists of uncombined 

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

exemption.

 3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emission unit must be allowed one 

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

60.42a(b).

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

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

 [Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-79]—(NAC A 9-19-90; 10-30-

95; R118-00, 9-25-2000; R036-05, 10-31-2005, eff. 4-1-2006)

(c)(66)(i)(A)(3

) 73FR 19144

4/09/2008

NAC 

445B.2202

(Superseded 

Articles 4.3, 

4.3.1-4.3.3, 

4.3.5)

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

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

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

has written approval of the Commission;

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

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

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008
B-32

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; R198-03, 4-26-2004, 

eff. 3-1-2006; R036-05, 10-31-2005, eff. 4-1-2006)

16.3.3 Standard for Opacity (c)(14)(viii)

16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which exhibit greater than 10 percent 

opacity.

(c)(14)(viii)

16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed, no owner or operator subject to the 

provision of Article 16.3 shall cause to be discharged into the atmosphere from any affect facility other than the kiln and 

clinker cooler any gases which exhibit 10% opacity or greater.

(c)(14)(viii)

445.729 Process weight rate for calculating emission rates.

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

must be the weight rates for single sources.

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

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

445.730 Colemanite flotation processing plants.

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

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

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

 E = 0.02 x 10-3P (0.04P).

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

 E = 0.01 x 10-3P (0.02P).

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

 E = 0.31 x 10-3P (0.62P).

 2. For the purposes of subsection 1:

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

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

[Environmental Comm'n, Air Quality Reg. 7.2.8.1-7.2.8.3, eff. 11-17-78]

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

445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates. For purposes of NAC 

445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allowable emission rates 

must be the maximum process weight for an emission unit.

[Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-26-91; 

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

(c)(56)(i)(A)(3

)

72FR25972

5/8/2007

445B.2203

(Superseded

445.731)

Emissions of particulate matter: Fuel-burning equipment.

1. No person may cause or permit the emission of PM10 resulting from the combustion of fuel in fuel-burning 

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

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

(c)(56)(i)(A)(3

)

72FR25972

5/8/2007
B-33

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

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

allowable emissions must be calculated using the following equation:

Y = 1.02X -0.231

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

the following equation:

Y = 17.0X -0.568

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

(a) “X” means the maximum operating rate in million Btu’s per hour.

(b) “Y” means the allowable rate of emission in pounds per million Btu’s.

 [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbered as § 7.1.2, 

12-15-77]—(NAC A 10-15-85; 9-19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Substituted in revision for NAC 

445B.362)

445B.22033

(Superseded 

445.732)

Emissions of particulate matter: Sources not otherwise limited.

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

not cause or permit PM10 to be discharged from any emission unit into the atmosphere in excess of the allowable emission 

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

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

hour must be determined by using the following equation:

E = 4.10P0.67

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

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

E = 55P0.11- 40

4. For the purposes of subsections 2 and 3:

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

(b) “P” means the maximum allowable throughput in tons per hour.

(c)(56)(i)(A)(3

)

72FR25972

5/8/2007
B-34

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

[Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 10-22-87; 

9-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363)

445B.22037

(Superseded

445.734)

Emissions of particulate matter: Fugitive dust.

1. No person may cause or permit the handling, transporting or storing of any material in a manner which allows or may 

allow controllable particulate matter to become airborne.

2. Except as otherwise provided in subsection 4, no person may cause or permit the construction, repair, demolition, or 

use of unpaved or untreated areas without first putting into effect an ongoing program using the best practical methods to 

prevent particulate matter from becoming airborne. As used in this subsection, “best practical methods” includes, but is not 

limited to, paving, chemical stabilization, watering, phased construction and revegetation.

3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land or its topsoil 

until he has obtained an operating permit for surface area disturbance to clear, excavate, or level the land or to deposit any 

foreign material to fill or cover the land.

4. The provisions of subsections 2 and 3 do not apply to:

(a) Agricultural activities occurring on agricultural land; or

(b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which occur on land which is not less 

than 5 acres or more than 20 acres.

[Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77]—(NAC 

A 9-19-90; 12-26-91; 12-13-93; 10-30-95)—(Substituted in revision for NAC 445B.365)

(c)(56)(i)(A)(3

)

72FR25972

5/8/2007

7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the first barite grinding mill of 

Milchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weight determined by the use of 

the equation in paragraph (b), whichever is less:

 (a) Emissions of 5.6 kilograms (12.4 pounds) per hour.

 (b) Emissions determined by the equation E = 0.0084 P0.67 (E = 1.79 P0.67), where

 P = Process weight rate in kilograms (tons) per hour.

 E = Emission allowed in kilograms (pounds) per hour.

(c)(22)(ii)

445.808 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, screening,

grinding, handling, transferring, concentrating, refining and storing crude barite.

 2. No owner or operator may cause or permit the emission of particulate matter in excess of the following:

 (a) IMCO Services’ barite grinding mill in Battle Mountain in Air Quality Region 147, Humboldt River Basin, Basin 59, 

Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite 

processed.

 (b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, Humboldt River 

Basin, Basin 55, Carico Lake Valley:

 (1) For primary crushing of barite ore, 0.015 pounds per short ton (0.0075 kilograms per metric ton) of barite ore 

(c)(26)(i)(A)
B-35

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

processed.

 (2) For secondary crushing or screening of barite ore, 0.035 pounds per short ton (0.0175 kilograms per metric ton) of 

barite ore processed.

 (c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, Humboldt River Basin, 

Basin 59, Lower Reese River Valley:

 (1) For grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed.

 (2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispensed.

 3. No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a barite grinding 

mill.

 4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production rates and hours

of operation of the mill and shall comply with all requirements for notification and recordkeeping in NAC 445.660 to 445.700 

inclusive.

 5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference Methods of 40 

C.F.R. Part 60, apply to barite grinding mills. 

[Environmental Comm’n, Air Quality Reg. 16.27, eff. 1-25-79; A 8-28-79; 12-3-80; 8-17-81; 16.27.2, eff. 1-25-79; A 8-28-

79; 8-17=81; 16.27.1.1-16.27.4 eff. 8-17-81; 16.27.4, eff. 1-25-79; NAC A 10-19-83]

.

445.816 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, screening,

grinding, handling, transferring, concentrating, refining and storing any precious metals or precious metal ore.

 2. No operator may permit the emission of particulate matter in excess of the following:

 (d) Freeport Gold Company’s processing plant for precious metal in Air Quality Control Region 147, Basin 44, North 

Fork area:

 (1) For crushing, screening, grinding, handling and transferring any precious metal or precious metal ore, 0.04 lb/short 

ton (0.02 kg/metric ton) of precious metal ore processed.

 (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton).

 3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity from a single 

source of a processing plant for precious metal. 

 4. The owner and the operator of any processing plant for precious metal shall record the yearly production rate and hours of 

operation for each source of particulate matter to which an emission standard applies.

 5. All tests must be performed in accordance with Appendix A of 40 C.F.R. Part 60. 

[Environmental Comm’n, Air Quality Reg. 16.26, eff. 1-25-79; A 8-28-79; 11-21-79; 12-20-79; 4-18-80; 16.26.1., eff. 1-25-

79; 16.26.1.1, eff. 1-25-79; 8-28-79; 4-18-80; 16.26.1.2, eff. 1-25-79; A 4-18-80; 16.26.1.3-16.26.1.6, eff. 4-18-80; 

16.26.1.7, eff. 4-18-80; A 8-17-81; 16.26.1.8; eff. 16.32.2, eff. 12-20-79; renumbered as 16.26.1.3, 4-18-80; NAC A 7-29-82; 

10-19-83]

(c)(26)(i)(A)

8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds caused by the combustion of fuel in excess of (c)(14(vii)
B-36

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

the quantity set forth in the following table:

Heat input, millions of Maximum sulfur emission,

British thermal units per hour pounds per hour 

 10.........................................................7.

 100.......................................................70.

 1,000.....................................................105.

10 ,000...................................................1050.

 100,000................................................10500.

8.2.2 For purposes of Article 8, “sulfur emission” means the sulfur portion of the sulfur compounds emitted. (c)(14(vii)

445B.2204

(Superseded 

445.742)

“Sulfur emission” defined. For purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” means the sulfur 

portion of the sulfur compounds emitted.

 [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 12-4-76; A and renumbered as § 

8.2.2, 12-15-77]—(Substituted in revision for NAC 445B.370)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.22043

(Superseded 

445.743)

Sulfur emissions: Calculation of total feed sulfur. For the purposes of NAC 445B.2204 to 445B.2205, inclusive, total feed 

sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose products of combustion 

and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes, roasters, converters, or 

other similar devices are used for converting ores, concentrates, residues, or slag to the metal or the oxide of the metal either 

wholly or in part, the combined sulfur input of all units must be used to determine the allowable emission.

 [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(NAC A by R125-04, 9-24-2004)

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008

445B.22047

(Superseded 

Article 8.2, 

8.2.1.1 and 

8.2.1.2)

Sulfur emissions: Fuel-burning equipment. 

 1. No person may cause or permit the emission of compounds of sulfur caused by the combustion of fuel in fuel-burning 

equipment in excess of the quantity calculated by the use of the formula in subsection 2 or 3.

 2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per hour, the allowable emission 

must be calculated by the use of the following equation: 

Y = 0.7X

For the purposes of this subsection:

 (a) “X” means the maximum operating input of heat in millions of Btu’s per hour.

 (b) “Y” means the allowable rate of emission of sulfur in pounds per hour.

 3. Where an emission unit has a maximum input of heat equal to or greater than 250 million Btu’s per hour, the allowable 

emission of sulfur must be calculated by the use of the following equations: 

Liquid fuel Y = 0.4X 

(c)(56)(i)(A)

71FR15040

3/27/2006
B-37

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

Solid fuel Y = 0.6X 

Combination Fuel L (0.4X) + S (0.6X)

L + S

For the purposes of this subsection:

 (a) “X” means the maximum input of the operation in millions of Btu’s per hour.

 (b) “Y” means the allowable rate of emissions of sulfur in pounds per hour.

 (c) “L” means the percentage of total input of heat derived from liquid fuel.

 (d) “S” means the percentage of total input of heat derived from solid fuel.

 [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered as § 8.2.2, 12-

4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as § 8.2.3, 12-4-76; renumbered as § 

8.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; 

R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373)

445B.2205

(Superseded 

445.746)

Sulfur emissions: Other processes which emit sulfur. 

 1. No person may cause or permit the emission of sulfur compounds where the sulfur originates in the material being 

processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the quantity determined by 

the following equation:

E = 0.292P0.904

when “E” is equal to or greater than 10 pounds per hour. When “E” is less than 10 pounds per hour, the gas stream 

concentration must not exceed 1,000 ppm by volume.

 2. For the purposes of subsection 1:

 (a) “E” means the allowable sulfur emission in pounds per hour.

 (b) “P” means the total feed sulfur, excluding hydrogen sulfide, in pounds per hour.

 3. When sulfur emissions are due to sulfur contributions from both the fuel and the material being processed, the allowable 

emissions must be the sum of those allowed by this section and NAC 445B.22047.

 4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compounds are exempt 

from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the provisions of NAC 445B.22027 to 

445B.22037, inclusive, and 445B.287 to 445B.3497, inclusive.

 [Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75]—(NAC A 9-5-84; 9-19-90; 12-26-91; 12-13-93; 10-

30-95; 5-3-96; R105-97, 3-5-98; R125-04, 9-24-2004)

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008

445B.22067 Open burning. (c)(56)(i)(A)

Y=
B-38

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(Superseded 

Article 5.1, 

5.2, 5.2.1, 

5.2.2, 5.2.3, 

5.2.4, 5.2.5 

and 5.3)

 1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, except as specifically 

exempted, is prohibited.

 2. Open burning:

 (a) For the purpose of weed abatement, conservation, disease control, game or forest management, personnel training or 

elimination of hazards is allowed if:

 (1) Approved in advance by the Director; or

 (2) Authorized by an officer of the State of Nevada or its political subdivisions and concurred in by the Director.

 (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in advance by the 

Director.

 (c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or regulations.

 (d) Is allowed at single-family residences located in all areas of the State except in and within 1 mile of the boundaries of 

Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, 

Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the 

limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line.

 (e) Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Mountain, 

Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, 

Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those 

portions of Lyon County that are within 1 mile of the Carson City line if:

 (1) Authorized by an officer of the State of Nevada or its political subdivisions;

 (2) Concurred in by the Director; and

 (3) Not specifically prohibited by local ordinances or regulations.

 (f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes.

 3. All open burning must be attended and controlled at all times to eliminate fire hazards.

 [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75; A 5-8-77]—(NAC A by R237-03, 4-15-2004)

71FR15040

3/27/2006

445B.2207

(Superseded 

445.754)

Incinerator burning. 

 1. Except as otherwise provided in subsection 6:

 (a) Burning in any incinerator other than the multiple-chamber type is prohibited.

 (b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible emission which is of an opacity 

equal to or greater than 20 percent is prohibited.

 2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture content material must be high 

temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auxiliary heating unit to 

ensure temperatures of 1400°F (760°C) for not less than 0.3 of a second. The hearth must be frequently cleaned at regular 

intervals to prevent buildup of residues and deposits.

 3. The rated burning capacity, operating and maintenance procedures approved by the Director must be posted 

(c)(56)(i)(A)

71FR15040

3/27/2006
B-39

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

conspicuously at or near the incinerator.

 4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may not exceed 1.8 

lb/ton of dry refuse charged.

 5. Allowable PM10 emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity must be 

calculated using the following equation: 

E = 0.6 (40.7 x 10-5C)

For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM10 in pounds per hour and “C” 

means the rate of charge of dry refuse in pounds per hour.

 6. Single-chamber incinerators may be used at single-family residences, in all areas of the State, except in and within 1 

mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, 

Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, 

and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line, unless 

otherwise prohibited by local ordinances or regulations.

 [Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6.4-6.6.2, eff. 11-

7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004)

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

fossil fuels. 

 1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major modification to an existing plant 

or construct a new plant to generate electricity using steam produced by the burning of fossil fuels within:

 (a) The Las Vegas Valley, Hydrographic Area 212;

 (b) The El Dorado Valley, Hydrographic Area 167;

 (c) The Ivanpah Valley, Hydrographic Areas 164 a and 164 b; or

 (d) The city limits of Boulder City.

 2. Fossil fuel-fired power generating units Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit 

Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and must comply with the provisions of NAC 445B.001 

to 445B.3689, inclusive.

 3. If an emission unit is relocated to Ivanpah Valley:

 (a) The previously used emission unit must be deactivated and removed from the previous site when the relocated unit 

begins operation.

 (b) Any credit for reduced emission is not available as an offset credit.

 4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by 

reference in NAC 445B.221.

(c)(67)(i)(A)(1

)

73FR20536

4/16/2008
B-40

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (Added to NAC by Environmental Comm’n, eff. 9-4-92; A 3-29-94; R096-05, 10-31-2005)

445B.2209

(Superseded 

445.845)

Reduction of animal matter. 

 1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prohibited unless all 

gases, vapors and gas-entrained effluents are:

 (a) Incinerated at temperatures of not less than 1400°F (760°C) for not less than 0.3 second; 

 2. This section does not apply to any machine, equipment or other contrivance used exclusively for the processing of food 

for human consumption.

 [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for NAC 445B.394)

(c)(56)(i)(A)

71FR15040

3/27/2006

445B.22093

(Superseded

445.846 and 

Articles 

9.2,

9.2.1,

9.2.1.1 and

9.2.1.2)

Organic solvents and other volatile compounds. 

 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manure must be 

processed, stored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, leak, 

escape or be otherwise discharged into the ambient air causing or contributing to air pollution. If methods of control are 

available and feasible effectively to reduce the contribution to air pollution from evaporation, leakage or discharge, as 

determined by the Director, the installation and use of such methods, devices or equipment for control is mandatory.

 2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capacity equal to or 

greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compound having a vapor 

pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless the tank, 

reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent loss of vapor or 

gas to the atmosphere or is equipped with one of the following devices properly installed, in good working order, and in 

operation:

 (a) A floating roof which consists of a pontoon type or double-deck roof which rests on the surface of the liquid contents 

and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon or a vapor dome 

designed in accordance with accepted standards of the petroleum industry. This control equipment is not permitted if the 

gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) or greater under 

actual conditions. All gauging and sampling devices for tanks must be gastight except when gauging or sampling is taking 

place.

 (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and vapors to the atmosphere.

 3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensively 

remodeled on or after November 7, 1975, must be equipped with a submerged fill pipe for the control of emissions.

 4. All facilities for dock loading of products consisting of petroleum or other volatile organic compounds having a vapor 

pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have facilities for 

submerged filling by a submerged fill pipe for the control of emissions.

 [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC A 10-19-83; R096-05, 10-31-2005)

(c)(66)(i)(A)(3

)

73FR 19144

4/09/2008

445B.22095 Emission limitation for BART. The emission limitation for BART must be established on a case-by-case basis, taking into 77FR17334
B-41

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

consideration:

 1. The technology available;

 2. The costs of compliance;

 3. The energy and nonair quality environmental impacts of compliance;

 4. Any pollution control equipment in use or in existence at the source or unit;

 5. The remaining useful life of the source or unit; and 

 6. The degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.

 (Added to NAC by Environmental Comm’n by R190-08, eff. 4-23-2009)

3/26/2012

445B.22096 Control measures constituting BART; limitations on emissions.

1. The sources listed below must install, operate and maintain the following control measures which constitute BART and 

must not emit or cause to be emitted NOx, SO2, or PM10 in excess of the following limits:

 (a) For power-generating units numbers 1 and 2 of NV Energy’s Fort Churchill Generating Station, located in hydrographic 

area 108:

UNIT

(Boiler)

NOx SO2 PM10

Emission Limit 

(lb/106 Btu,

12-month rolling 

average)

Control Type Emission Limit 

(lb/106 Btu,

24-hr average)

Control Type Emission Limit 

(lb/106 Btu,

3-hr average)

Control Type

1 0.20 Low NOx burners 

with flue gas 

recirculation

0.05 Pipeline natural 

gas and/or No. 2 

fuel oil

0.03 Pipeline natural 

gas and/or No. 2 

2 0.16 0.05 0.03 fuel oil

(b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, located in hydrographic area 

83:

UNIT

(Boiler)

NOx SO2 PM10

Emission Limit (lb/106 Btu,

12-month rolling average) Control Type

Emission Limit (lb/106

Btu,

24-hr average)

Control Type

Emission Limit 

(lb/106 Btu,

3-hr average)

Control Type

1 0.15 Low NOx

burners with 0.05 Pipeline natural gas and/or No. 2 0.03 Pipeline natural gas and/or No. 

77FR17334

3/26/2012
B-42

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

2 0.12 flue gas 

recirculation 0.05 fuel oil 0.03 2 fuel oil

3 0.19

Low NOx

burners with 

selective 

noncatalytic 

reduction

0.05 0.03

(c) For power-generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner Generating Station, located in 

hydrographic area 218:

UNIT

(Boiler)

NOx SO2 PM10

Emission Limit 

(lb/106 Btu,

12-month rolling 

average)

Control Type Emission Limit (lb/106 

Btu,

24-hr average)

Control Type Emission Limit 

(lb/106 Btu,

3-hr average)

Control Type

1

**See FIP 77 FR 50936**

0.15 Wet soda ash 

flue gas 

desulphurization

0.015

2 0.15 0.015 Fabric filter

3 0.15 0.015

Footnote:

(1) Rotamix is a technology for adding selective noncatalytic reduction using ammonia or urea-based reagent.

(d) For power-generating units numbers 1 and 2 of Southern California Edison’s Mohave Generating Station, located in 

hydrographic area 213:

UNIT

(Boiler)

NOx SO2 PM10

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average)

Mass Emission 

Rate (lb/hr, 1-hr 

average)

Control Type

Emission Limit 

(lb/106 Btu,

30-day rolling 

average)

Control Type Emission Limit 

(lb/106 Btu,

3-hr average)

Control Type

1 0.15 788

Low NOx

burners with 

over-fire air and 

0.0019

Conversion to 

pipeline natural 

gas only

0.0077

Conversion to 

pipeline natural 

gas only
B-43

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

2 0.15 788

conversion to 

pipeline natural 

gas only

0.0019 0.0077

 2. The control measures established in subsection 1 may be replaced or supplemented with alternative technologies 

approved in advance by the Director, provided that the emission limits in subsection 1 are met. The established or approved 

control measures must be installed and operating:

(a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations:

 (1) On or before January 1, 2015; or

 (2) Not later than 5 years after approval of Nevada’s state implementation plan for regional haze by the United States 

Environmental Protection Agency Region 9, 

 whichever occurs first.

 (b) For Southern California Edison’s Mohave Generating Station, at the time that each unit resumes operation.

 3. If the ownership of any BART regulated emission unit changes, the new owner must comply with the requirements set 

forth in subsection 2.

 4. For purposes of this section, emissions of PM10 include the components of PM2.5 as a subset.

 (Added to NAC by Environmental Comm’n by R190-08, eff. 4-23-2009; A by R148-09, 1-28-2010) 

445B.22097

(Superseded 

445.843)

Standards of quality for ambient air. 

 1. The table contained in this section lists the minimum standards of quality for ambient air.

NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING 

TIME

CONCENTRATION

C

METHODDPRIMARYC,

E

SECONDARY

C, F

METHODD

Ozone 1 hour 0.12 ppm 

(235 μg/m3)

Ultraviolet 

absorption

0.12 ppm 

(235 μg/m3)

Same as 

primary

Chemilumin

escence

Ozone-Lake 

Tahoe Basin, 

#90

1 hour 0.10 ppm 

(195 μg/m3)

Ultraviolet 

absorption

-- -- --

Carbon 

monoxide less 

than 5,000′ 

above mean 

sea level 8 hours

9 ppm

(10,500 μg/m3)

Non- 9 ppm Non-

(c)(56)(i)(A)

71FR15040

3/27/2006
B-44

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

At or greater

than 5,000′ 

above mean 

sea level

6 ppm

(7,000 μg/m3)

dispersive 

infrared 

photometry

(10 mg/m3) None dispersive 

infrared 

photometry

Carbon 

monoxide at 

any elevation

1 hour 35 ppm

(40,500 μg/m3)

35 ppm 

(40 mg/m3)

Nitrogen 

dioxide

Annual 

arithmetic

mean

0.053 ppm

(100 μg/m3)

Gas phase 

chemilumin

escence

0.053 ppm

(100 μg/m3)

Same as 

primary

Gas phase 

chemilumi

nescence

Sulfur dioxide

Annual 

arithmetic 

mean

0.030 ppm

(80 μg/m3)

Ultraviolet

Fluorescence

0.030 ppm

None

Spectrophoto

metry

(Pararosaniline 

method)

24 hours 0.14 ppm

(365 μg/m3)

0.14 ppm

3 hours 0.5 ppm

(1,300 μg/m3)

None 0.5 ppm

Particulate 

matter

as PM10

Annual 

arithmetic 

mean

50 μg/m3 High 

volume 

PM10

sampling

50 μg/m3

Same as 

primary

High volume

PM10

sampling

24 hours 150 μg/m3150 μg/m3

Lead (Pb)

Quarterly 

arithmetic

mean

1.5 μg/m3

High 

volume 

sampling, 

acid 

extraction 

and atomic 

absorption 

spectrometry

1.5 μg/m3

Same as 

primary

High volume 

sampling, 

acid 

extraction 

and

atomic 

absorption

spectrometry

Hydrogen 

sulfide

1 hour 0.08 ppm

(112 μg/m3)

G

Ultraviolet

Fluorescence-- -- --
B-45

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

Notes:

Note A: The Director shall use the Nevada standards in considering whether to issue a permit for a stationary source and shall 

ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where the general public has 

access.

Note B: These standards, other than for ozone, particulate matter, and those based on annual averages, must not be exceeded 

more than once per year. The 1-hour ozone standard is attained when the expected number of days per calendar year with a 

maximum hourly average concentration above the standard is equal to or less than one. The PM10 24-hour standard is attained 

when the expected number of days per calendar year with a 24-hour average concentration above the standard, rounded to the 

nearest 10 μg/m3, is equal to or less than one. The expected number of days per calendar year is generally based on an average 

of the number of times the standard has been exceeded per year for the last 3 years. The National standards are to be used in

determinations of attainment or nonattainment.

Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurements of air quality 

that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to a reference temperature 

of 25°C and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this table refers to parts per million by 

volume, or micromoles of regulated air pollutant per mole of gas; “μg/m3” refers to micrograms per cubic meter.

Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference method or equivalent method 

designated in accordance with 40 C.F.R. Part 53 may be substituted.

Note E: National primary standards are the levels of air quality necessary, with an adequate margin of safety, to protect the 

public health. 

Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from any known or 

anticipated adverse effects of a regulated air pollutant.

Note G: The ambient air quality standard for hydrogen sulfide does not include naturally occurring background concentrations.

 2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in this section to 

protect the existing quality of Nevada’s air to the extent that it is economically and technically feasible.

 [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A 12-15-77; 

8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NAC A 10-19-83; 9-5-84; 12-26-91; 10-30-95; R103-

02, 12-17-2002; R198-03, 4-26-2004)

445B.225

(Superseded 

445.663)

Prohibited conduct: Concealment of emissions. No person may install, construct or use any device which conceals any 

emission without reducing the total release of regulated air pollutants to the atmosphere.

 [Environmental Comm’n, Air Quality Reg. § 2.2.1, eff. 11-7-75]—(NAC A 10-22-87; 10-30-95)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.227 

(Superseded

445.664)

Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; 

modification of required procedure. Except as otherwise provided in NAC 445B.001 to 445B.3497, inclusive, no person 

may:

(c)(56)(i)(A)

73FR19144

4/9/2008
B-46

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

1. Operate a stationary source of air pollution unless the control equipment for air pollution which is required by 

applicable requirements or conditions of the permit is installed and operating.

2. Disconnect, alter, modify or remove any of the control equipment for air pollution or modify any procedure required by 

an applicable requirement or condition of the permit.

 [Environmental Comm’n, Air Quality Reg. § 2.2.2, eff. 12-15-77]—(NAC A 10-14-82; 10-15-85; 8-22-86; 10-22-87; 

3-29-94, eff. 1-11-96; 10-30-95

445B.229

(Superseded 

445.665)

Hazardous emissions: Order for reduction or discontinuance. Without limiting the authority of any state officer to declare 

or to act on an emergency, the Director or local air pollution control agency, upon determining that a generalized condition of 

air pollution exists or that the emission from one or more stationary sources of regulated air pollutants is causing a danger to 

human health or safety, may order persons causing or contributing to the air pollution to immediately reduce or discontinue all 

emission of contaminants.

 [Environmental Comm’n, Air Quality Reg. § 2.4.1, eff. 11-7-75]—(NAC A 10-30-95)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.230

(Superseded 

445.666)

Plan for reduction of emissions.

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

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

in accordance with the episode stages of alert, warning, and emergency as defined in the applicable state implementation plan.

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

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

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

emergency as defined in the applicable state implementation plan.

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

are within the same classification of sources as defined in the Standard Industrial Classification Manual, adopted by reference 

in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tons (90.7 metric tons) per year of a 

regulated air pollutant.

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

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

 [Environmental Comm’n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75]—(NAC A 10-30-95; R125-04, 9-24-2004; R151-

06, 9-18-2006)

(c)(62)(i)(A)(1

)

72FR19801

4/20/2007

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

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

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

being favorable for atmospheric ventilation.

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

maintenance or repairs which may result in excess emissions of air contaminants prohibited by NAC 445.430 to 445.846, 

(c)(25)(i)(A)
B-47

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

inclusive.

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

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

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

upset, startup or human error sufficient information to enable the director to determine the seriousness of the excess emissions. 

The submission must include as a minimum:

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

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

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

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

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

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

planned to prevent the recurrence of the malfunctions.

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

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

operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing emissions.

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

8-28-79]

2.5 Scheduled Maintenance, Testing, and Breakdown or Upset

2.5.4 (EPA proposed to 

remove using 110(k)(6) 

authority 12/18/06)

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

not be considered a violation of these regulations.

(c)(11)

445B.250

(Superseded 

Art. 2.16.1)

Notification of planned construction or reconstruction. Any owner or operator subject to the provisions of NAC 445B.001 

to 4445B.3689, inclusive, shall furnish the Director written notification of:

 1. The date that construction or reconstruction of an affected facility is commenced, postmarked no later than 30 days after 

such date. This requirement does not apply in the case of mass-produced facilities which are purchased in completed form.

 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60 days and not less than 30 

days before such date.

 3. The actual date of initial start-up of an affected facility, postmarked within 15 days after such date.

 4. The date upon which demonstration of the continuous monitoring system performance commences in accordance with 

NAC 445B.256 to 445B.267, inclusive. Notification must be postmarked not less than 30 days before such date.

 [Environmental Comm’n, Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-

95; R105-97, 3-5-98; R096-05, 10-31-2005)

(c)(67)(i)(A)(1

)

73FR20536

4/16/2008

445B.252 Testing and sampling. (c)(67)(i)(A)
B-48

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(Superseded 

445.682)

1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the approval or the continuance of an 

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

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

them must be conducted and the results submitted to the director within 60 days after achieving the maximum rate of 

production at which the affected facility will be operated, but not later than 180 days after initial start-up of the facility and at 

such other times as may be required by the director. 

2. Tests of performance must be conducted and data reduced in accordance with the methods and procedures of the test 

contained in each applicable subsection of this section unless the director: 

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

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

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

3. Tests of performance must be conducted under such conditions as the director specifies to the operator of the plant based on 

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

may be necessary to determine the conditions of the test of performance. Operations during periods of start-up, shutdown and 

malfunction must not constitute representative conditions of a test of performance unless otherwise specified in the applicable 

standard. 

4. The owner or operator of an affected facility shall give notice to the director 30 days before the test of performance to allow 

the director to have an observer present. A written testing procedure for the test of performance must be submitted to the 

director at least 30 days before the test of performance to allow the director to review the proposed testing procedures. 

5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run must 

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

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

failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less 

than three valid samples being obtained, compliance may be determined using the arithmetic mean of the results of the other 

two runs upon the director’s approval. 

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

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

stationary source. 

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

compliance with all provisions of these regulations, and copies of these results must be provided to the director no later than 

60 days after the testing or sampling, or both. 

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

to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of 

Federal Regulations for: 

73FR20536

4/16/2008
B-49

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

Regulations; or 

(b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.6.1-2.6.4, eff. 11-7-65; A 12-4-76; §§ 2.6.5-2.6.9, eff. 12-4-76]—(NAC A 

10-15-85; 10-22-87; 10-30-95; R065-03, 10-30-2003)

445B.256

(Superseded

Art.2.17.10

and 

2.17.10.1

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

sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to install, calibrate, 

operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in Appendix P 

for the applicable source category. Those stationary sources must meet the basic requirements of Appendix P of 40 C.F.R. § 

51(2.0 et seq.).

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 10-30-95)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.257

(Superseded

Art. 2.17.6

and 2.17.7)

Monitoring systems: Location.

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

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

monitoring systems are contained in the applicable Performance Specifications of Appendix B of 40 C.F.R. § 60.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in revision for NAC 445.684)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.258

(Superseded 

445.685)

Monitoring systems: Verification of operational status.

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

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

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

period specified by applicable requirements in Appendix B of 40 C.F.R. Part 60.

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

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

requirements or recommendations for checking the operation or calibration of the device.

[Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)

(c)(62)(i)(A)(1

)

72FR19801

4/20/2007

445B.259

(Superseded 

445.686)

Monitoring systems: Performance evaluations.

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

may be required by the Director under § 114 of the Act, the owner or operator of any affected facility shall conduct continuous 

evaluations of the performance of monitoring systems and furnish the Director within 60 days thereof two or upon request 

more copies of a written report of the results of such tests. These evaluations must be conducted in accordance with the 

specifications and procedures provided in this section and NAC 445B.260.

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

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

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

(c)(62)(i)(A)(1

)

72FR19801

4/20/2007
B-50

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

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

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

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

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)

445B.260

(Superseded 

445.687)

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

1. Except as otherwise provided in subsection 2, an owner or operator who, before September 11, 1974, entered into a 

binding contractual obligation to purchase specific continuous monitoring system components shall comply with the following 

requirements:

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

confidence level of 95 percent, emission levels within 20 percent of the mean value of the data obtained using the applicable 

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

procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating 

compliance with this specification.

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

measuring , with a confidence level of 95 percent, emission levels within 20 percent of the mean value of the data obtained 

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

relative accuracy test and associated operating and calculation procedures set forth in Performance Specification 2 in 

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

2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6, 1975, are 

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

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

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

specifications under NAC 445B.259 by September 11, 1979.

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-77]—(NAC A by R151-06, 9-18-

2006)

(c)(62)(i)(A)(1

)

72FR19801

4/20/2007

445B.261

(Superseded 

445.688)

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

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

with the method prescribed by the manufacturer of the systems unless the manufacturer recommends adjustments at shorter 

intervals, in which case the recommendations must be followed. The zero and span must, as a minimum, be adjusted whenever 

the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of 40 

C.F.R. § 60 are exceeded.

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 

445.688)

(c)(56)(i)(A)

71FR71486

12/11/2006
B-51

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

445B.262

(Superseded 

445.689)

Monitoring systems: Measurement of opacity.

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

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

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

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

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

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

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

whenever these reference gases are available. The span and zero gas mixtures must be the same composition as specified in 

Appendix B of 40 C.F.R. Part 60. Every 6 months after the date of manufacture, span and zero gases must be reanalyzed by 

conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NO, and 3 for O2and CO2, respectively. The gases 

may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

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

a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. The zero check may 

be performed by computing the zero value from upscale measurements or by mechanically producing a zero condition.

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

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

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

the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.

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

method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code 

of Federal Regulations for: 

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

Regulations; or 

(b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1, eff. 12-4-76; A 12-15-77; §§ 2.17.4.2 & 

2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003) 

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.263

(Superseded 

445.690)

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

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

minimum frequency of operation requirements as follows:

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

must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 10-second 

period.

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

(c)(56)(i)(A)

71FR71486

12/11/2006
B-52

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

each successive 15-minute period.

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

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

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76]—(Substituted in revision for NAC 445.690)

445B.264

(Superseded 

445.691)

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

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

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

each 1-hour period.

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

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

must be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form, e.g., ppm 

pollutant and percent O2or lb/million Btu of pollutant.

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

in NAC 445B.001 to 445B.3497, inclusive. After conversion into units of the standard, the data may be rounded to the same 

number of significant digits used in those sections to specify the applicable standard, e.g., rounded to the nearest 1 percent 

opacity.

5. As used in this section, “calibrated data” means data which is precise and accurate within a stated acceptance criteria for 

the instrument.

[Environmental Comm’n, Air Quality Reg. § 2.17.8, eff. 12-4-76]—(NAC A 10-22-87; R118-00, 9-25-2000)

(c)(56)(i)(A)

71FR71486

12/11/2006

445B.265

(Superseded 

445.692)

Monitoring systems: Records; reports.

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

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

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

device is inoperative.

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

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

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

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

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

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

the affected facility.

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

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

(c)(56)(i)(A)

71FR71486

12/11/2006
B-53

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

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

adjusted, such information must be included in the report.

3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all 

measurements, including:

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

(b) All continuous monitoring system performance evaluations;

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

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

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

inspection.

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

[Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 7-2-84)—(Substituted in 

revision for NAC 445.692)

445B.267

(Superseded 

445.693)

Alternative monitoring procedures or requirements.

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

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

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

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

substances with the effluent gases.

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

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

measurements to correct for stack moisture conditions.

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

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

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

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

cells.

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

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

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

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

their measurements and the measurements of opacity by a system complying with the requirements in Performance 

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

(c)(56)(i)(A)

71FR71486

12/11/2006
B-54

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

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

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

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

method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code 

of Federal Regulations for: 

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

Regulations; or 

(b) An affected source. 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.9-2.17.9.7, eff. 12-4-76; § 2.17.9.8, eff. 12-4-76; A 12-15-77]—(NAC 

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

445B.275

(Superseded

445.696)

Violations: Acts constituting; notice.

 1. Failure to comply with any requirement of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any 

condition of an operating permit constitutes a violation. As required by NRS 445B.450, the Director shall issue a written 

notice of an alleged violation to any owner or operator for any violation, including, but not limited to:

 (a) Failure to apply for and obtain an operating permit;

 (b) Failure to construct a stationary source in accordance with the application for an operating permit as approved by the 

Director;

 (c) Failure to construct or operate a stationary source in accordance with any condition of an operating permit;

 (d) Commencing construction or modification of a stationary source without applying for and receiving an operating permit 

or a modification of an operating permit as required by NAC 445B.001 to 445B.3497, inclusive, or a mercury operating 

permit to construct as required by NAC 445B.3611 to 445B.3689, inclusive;

 (e) Failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification contained 

in an operating permit; or

 (f) Failure to pay fees as required by NAC 445B.327 or 445B.3689.

 2. The written notice must specify the provision of NAC 445B.001 to 445B.3791, inclusive, the condition of the operating 

permit or the applicable requirement that is being violated.

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

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

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

(NAC A 8-22-86; 10-22-87; 12-8-89; 12-13-93; 10-30-95; R103-02, 12-17-2002; R189-05, 5-4-2006)

(c)(66)(i)(A)

73FR19144

4/9/2008

445B.277

(Superseded 

445.697)

Stop orders. 

 1. The Director shall issue a stop order if:

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

plans, specifications and other design material required to be submitted as part of the application for an operating permit and 

(c)(66)(i)(A)

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approved by the Director as a condition of the operating permit; or

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

compliance with NAC 445B.001 to 445B.3791, inclusive.

 2. A stop order may be issued at any time by the Director upon his determination that there has been a violation of any of 

the provisions of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any condition of the operating 

permit.

 3. A person served with a stop order:

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

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

of the stop order no longer exist. If the Director finds that the reasons for the issuance of the stop order no longer exist, he 

shall withdraw the order promptly. If the Director finds that the reasons for the issuance of the stop order still exist, or that 

other reasons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written statement of his reasons for 

so finding.

 [Environmental Comm’n, Air Quality Reg. §§ 3.3.1-3.3.5, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; 10-30-95; 

R189-05, 5-4-2006)

445.694 Emission discharge information.

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

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

Street, Capitol Complex, Carson City, Nevada 89710.

[Environmental Comm'n, Air Quality Reg. 3.1.9.1, eff. 11-7-75; A 12-4-76] 

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

445.699 Violations: Administrative fines.

1. Any violation of NAC 445.430 to 445.846, inclusive, except NAC 445.622 and 445.721 to 445.724, inclusive, as they 

pertain to the internal combustion engine, is subject to an administrative fine levied by the commission or an approved local

control agency of not more than $5,000 per violation.

2. Unless otherwise provided, all violations are classified as major violations and a fine up to $5,000 per occurrence may be 

levied.

3. Violations of NAC 445.734, 445.753, 4445.754, 445,844 and 445.846 are classified as minor or lesser violations, unless 

there are four or more violations of any one of those sections by a person, occurring within a period of 12 consecutive months.

4. The schedule for fines for minor violations is as follows:

First Offense Second Offense Third Offense

NAC 445.753, open burning $25 $50 $100

NAC 445.754, incinerator burning,

 equal to or less than 25 lbs (11 kg) per hour 25

 50 100

 greater than 25 lbs (11 kg) per hour 50 100

(c)(25)(i)(A)
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 200

NAC 445.734, fugitive dust 50 100 200

NAC 445.846, organic solvents and other volatile 

compounds 50 100 200

NAC 445.844, odors 50 100 200

5. All minor violations become major violations upon the occurrence of the fourth violation within a period of 12 consecutive 

months.

 [Environmental Comm’n, Air Quality Reg. §§ 2.8.1-2.8.4, eff. 11-7-75; A 12-4 76]

445.764 Reduction of employees' pay because of use of system prohibited.

If the owner or operator of a source uses a supplemental or intermittent control system, or other control system designed to 

vary with atmospheric conditions, for the purpose of meeting the requirements of an order issued pursuant to § 113(d) or 119

which relates to primary nonferrous smelters in the Act, he may not temporarily reduce the pay of any of his employees 

because of his use of that system.

[Environmental Comm'n, Air Quality Reg. 14.1, eff. 8-17-81]

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

Operating Permits Generally

445B.287

(Superseded 

445.704)

Operating permits: General requirements; exception; restrictions on transfers.

 1. Except as otherwise provided in subsection 2 and in NAC 445B.288, an operating permit, operating permit to construct 

or permit to construct is required for each stationary source and:

 (a) If a stationary source is a Class I source:

 (1) A revision of the operating permit or the permit to construct is required pursuant to the requirements of NAC 

445B.3425, 445B.344 or 445B.3441 before the stationary source may be modified; or

 (2) A revision of the operating permit to construct is required pursuant to the requirements of paragraph (a) of 

subsection 1 of NAC 445B.3361 before the stationary source may be modified,

 as appropriate.

 (b) If a stationary source is a Class II source, a revision of the operating permit or the permit to construct is required 

pursuant to the requirements of NAC 445B.3465 before the stationary source may be modified.

 (c) If a stationary source is a Class III source, a revision of the operating permit is required pursuant to the requirements of 

NAC 445B.3493 before the stationary source may be modified.

 2. A Class I source is not subject to the provisions of subparagraph (1) of paragraph (a) of subsection 1 if the source is not a 

major source, an affected source or a solid waste incineration unit required to obtain a permit pursuant to 42 U.S.C. § 7429(e). 

For a Class I source which is not a major source and which subsequently becomes subject to a standard or other requirement 

under 42 U.S.C. § 7411 or 7412, the Administrator will determine whether to exempt the source from the requirement to 

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obtain a Class I operating permit at the time that the new standard is adopted.

 3. An operating permit, operating permit to construct or permit to construct may not be transferred from one owner or 

piece of equipment to another. An owner or operator may apply for an administrative amendment reflecting a change of 

ownership or the name of the stationary source for the effective time remaining on the original operating permit pursuant to 

NAC 445B.319.

 4. As used in this section:

 (a) “Permit to construct” means a document issued and signed by the Director before November 1, 1995, certifying that:

 (1) Adequate empirical data for a stationary source has been received and constitutes approval of location; or

 (2) All portions of NAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other provisions of NAC 445B.001

to 445B.3689, inclusive, have been complied with and constitute approval of location and for construction. 

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

(NAC A 7-29-82; 10-22-87; 12-15-88; 12-13-93; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001; 

R103-02, 12-17-2002; R125-04, 9-24-2004; R189-05, 5-4-2006; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

445B.288 

(supersedes 

445.705)

Operating permits: Exemptions from requirements; insignificant activities.

1. The following categories of sources are not required to obtain an operating permit:

(a) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 60, 

Subpart AAA, Standards of Performance for New Residential Wood Heaters.

(b) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 61, 

Subpart M, National Emission Standard for Asbestos, section 61.145.

(c) Agricultural equipment used in the normal operation of a farm, other than agricultural equipment which is classified as, or 

located at, a source for which a permit is required under Title V of the Act or which is subject to any standard set forth in 40 

C.F.R. Part 60 or 61.

2. The following emission units are considered to be insignificant activities unless the emission unit is otherwise subject to 

another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 

60, 61 or 63:

(a) Any equipment or other contrivance used exclusively for the processing of food for human consumption.

(b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour.

(c) An emission unit that has a maximum allowable throughput or batch load rate of less than 50 pounds per hour, unless the 

emission unit directly emits, or has the potential to emit, a hazardous air pollutant.

(d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capacity of less than 

40,000 gallons.

(e) Except as otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or fuel-burning equipment that, 

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individually, has a rating which is:

(1) Less than 4,000,000 Btu’s per hour; or

(2) Equal to or greater than 4,000,000 Btu’s per hour if the equipment operates less than 100 hours per calendar year.

 (f) A portable internal combustion engine that has a rating for output which is:

(1) Less than 500 horsepower; or

(2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per calendar year.

 (g) A stationary internal combustion engine that has a rating for output which is:

(1) Less than 250 horsepower; or

(2) Equal to or greater than 250 horsepower if the engine operates less than 100 hours per calendar year.

(h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies as an 

insignificant activity pursuant to this paragraph only if the emergency generator is an internal combustion engine that is used to 

generate electrical power to maintain essential operations during unplanned electrical power outages. An emergency generator 

that is owned or operated by a stationary source and whose potential to emit is calculated on the basis of less than 500 hours of 

operation does not qualify as an insignificant activity.

 3. If an emission unit is considered an insignificant activity and is subject to a limitation on its hours of operation pursuant

to subsection 2, the owner or operator of the emission unit shall maintain an operating log of the hours of operation of the 

emission unit. The operating log must be maintained at the site of the emission unit and made available to the Director upon 

his request. The owner or operator shall retain the operating log for not less than 5 years.

 4. The Director may, upon written request and a satisfactory demonstration by an applicant, approve an emission unit as an 

insignificant activity if the emission unit is not otherwise subject to another specific applicable requirement, including, without 

limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity, an 

emission unit must meet the following criteria:

 (a) The operation of the emission unit, not considering controls or limits on production, type of materials processed, 

combusted or stored, or hours of operation, will not result in:

 (1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds per year, as appropriate;

 (2) Emissions of regulated air pollutants that exceed 4,000 pounds per year;

 (3) Emissions of regulated air pollutants that exceed any other limitation on emissions pursuant to any other applicable 

requirement; or

 (4) Emissions of regulated air pollutants that adversely impact public health or safety, or exceed any ambient air quality 

standards; and

 (b) The emissions from the emission unit are not relied on to avoid any other applicable requirements.

 If there are multiple emission units, the Director may, after considering the impact of the combined emissions of multiple 

emission units, determine whether to approve one or more of the specific emission units as an insignificant activity.

 5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities, as determined pursuant to this 
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section, must be included in any determination of whether a stationary source is a major source.

 6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive, 

for any emission unit determined to be an insignificant activity in accordance with this section, as long as the stationary source 

is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act. Such an exclusion 

from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 

445B.001 to 445B.3689, inclusive, relating to the operation of the emission unit determined to be an insignificant activity.

 7. A stationary source which consists solely of insignificant activities as determined pursuant to this section and which is 

not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act is not required to obtain 

an operating permit to operate as a stationary source. Such an exclusion from the requirements relating to permitting is not an 

exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the 

operation of the stationary source or any insignificant activity that is a part of the stationary source.

 8. The provisions of this section do not apply to a thermal unit that emits mercury.

 9. As used in this section, “thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643.

 [Environmental Comm’n, Air Quality Reg. § 3.1.8, eff. 11-7-75]—(NAC A 10-22-87; 12-8-89; 9-19-90; 11-23-92; 12-13-

93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R117-00, 6-1-2001; R189-05, 5-4-2006; R142-07, 4-17-2008)

445B.295 Application: General requirements. Except as otherwise provided in NAC 445B.33637, an application for an operating 

permit must include:

 1. Information to identify the applicant, including the name and address of the company or the name and address of the 

plant if different from that of the company, the name of the owner of the company and his agent, and the name and telephone 

number of the manager of the plant or another appropriate person to contact;

 2. A description of the stationary source’s processes and products by Standard Industrial Classification Code, including 

any processes and products associated with an alternative operating scenario identified by the owner or operator;

 3. A description of the fuels, fuel use and raw materials to be used and the rates of production and operating schedules for 

each emission unit which is a part of the stationary source;

 4. An identification and a description of any equipment for the control of air pollution and any devices or activities for 

monitoring compliance with emission limitations;

 5. Limitations on the operation of the stationary source or any standards for work practices which affect emissions for all 

regulated air pollutants at the stationary source;

 6. An explanation of any proposed exemption from any applicable requirement;

 7. The location of any records that the applicant must keep pursuant to the requirements of the operating permit, if the 

records are kept at a location other than the emitting facility; and

 8. Other specific information that the Director determines is necessary to carry out, enforce and determine the applicability 

of all legal requirements.

 (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-

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2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R139-06, 9-18-2006)

445B.297

(Superseded 

Article 

3.1.6)

Application: Submission; certification; additional information.

 1. An applicant for an operating permit must:

 (a) Submit an application to the Director on the appropriate form provided by the Director. A responsible official of the 

stationary source must certify that, based on information and belief formed after a reasonable inquiry, the statements in the 

application for the operating permit are true, accurate and complete.

 (b) Submit supplementary facts or corrected information upon discovery.

 (c) Provide any additional information, in writing, that the Director requests 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; R125-04, 9-24-2004; R189-05, 5-4-

2006; R139-06, 9-18-2006)

77FR59321

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445B.298

(Superseded

445.706)

Application: Official date of submittal. Except as otherwise provided in NAC 445B.3364, 445B.3395, 445B.3457, 

445B.3487, or 445B.3683, the official date of submittal of an application for:

 1. An operating permit;

 2. An operating permit to construct;

 3. A revision of an existing operating permit; or

 4. A revision of an existing operating permit to construct,

 is the date on which the Director determines that the application is complete.

 [Environmental Comm’n, Air Quality Reg. §§ 3.1.4 & 3.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; R105-

97, 3-5-98; R198-03, 4-26-2004; R125-04, 9-24-2004; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

77FR59321

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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.3689, 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; R040-10, eff. 7-22-2010)

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445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state 

implementation plan. 

 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 plantwide applicability limitation; or

 (c) To allow a plantwide applicability limitation to expire and not be renewed,

 in accordance with NAC 445B.308 to 445B.314, inclusive, the applicant must submit to the Director an environmental 

evaluation and any other information the Director determines is necessary to make an independent air quality impact 

assessment.

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 2. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the 

environmental evaluation submitted by the applicant shows, or if the Director determines, in accordance with the provisions of 

this section, that the stationary source:

 (a) Will prevent the attainment and maintenance of the state or national ambient air quality standards. For the purposes of 

this paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered 

in the environmental evaluation.

 (b) Will cause a violation of the applicable state implementation plan.

 (c) Will cause a violation of any applicable requirement.

 3. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the 

Director determines, in accordance with subsection 3 of NAC 445B.311, that the degree of emission limitation required for 

control of an air pollutant under this section is affected by that amount of the stack height of any source as exceeds good 

engineering practice stack height, including a good engineering practice stack height demonstrated by a fluid model or a field 

study approved by the Director in accordance with paragraph (c) of subsection 1 of NAC 445B.083, or any other dispersion 

technique.

 6. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source 

or major modification who proposes to construct in any area designated as attainment or unclassifiable under 42 U.S.C. § 

7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.

 7. The Director may impose any reasonable conditions on his approval, including conditions requiring the owner or 

operator of the stationary source to:

 (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the 

commencement of construction or modification and for any specified period after operation has begun at the stationary source; 

and

 (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3689, inclusive.

 8. If a proposed stationary source located on contiguous property is constructed or modified in phases which individually 

are not subject to review as provided in NAC 445B.308 to 445B.314, inclusive, all phases occurring since November 7, 1975, 

must be added together for determining the applicability of those sections.

 9. Approval and issuance of an operating permit or a revision of an operating permit for any stationary source does not 

affect the responsibilities of the owner or owners to comply with any other portion of the applicable state implementation plan.

 [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; R096-05, 10-31-2005; R139-06 & R151-06, 9-18-2006; 

R142-07, 4-17-2008)

13.1 General Provisions for the Review of New Sources (c)(16)(viii)

13.1.1 Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit to the Director an (c)(16)(viii)
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environmental evaluation and any other information the Director may deem necessary to make an independent air quality 

impact assessment.

13.1.3 The Director shall not issue a registration certificate for any point source if:

2. The source is located in any designated nonattainment area and:

a. The lowest achievable emission rate for each nonattainment pollutant from the source is not defined and adopted as an 

emission limitation for the source;

b. Any other source within this state which is owned, operated or controlled by the applicant is not in compliance or on a 

schedule of compliance with these regulations and all other applicable emission limitations or variances as provided in 

NRS 445.506 to 445.521, inclusive;

c. The total allowable emissions of each nonattainment pollutant from (1) the existing sources in the area, (2) those 

sources in the area which have received their respective registration certificates and (3) the proposed source will not be 

sufficiently less, by the time the proposed source is to commence operation, than the total emissions from (1) the 

existing sources and (2) those sources in the area which have received their respective registration certificates before 

the proposed source makes application for its registration certificate, so that reasonable further progress is achieved;

d. The emissions from the source will cause or contribute to emission levels which exceed the allowance permitted for such a 

pollutant for the nonattainment area.

(c)(18)(i)

13.2 A user of any of the following new single sources or modifications to an existing single source which would cause increases to 

existing single sources as specified below shall submit an evaluation with its application or applications for registration. 

(c)(16)(viii)

13.2.1 Any single source which is allowed an emission of an air contaminant of greater than 10.5 kilograms (23 pounds) per hour. (c)(16)(viii)

13.2.2 Any combination of single sources located at a single premise which is allowed emission of an air contaminant of greater than

10.5 kilograms (23 pounds) per hour

(c)(16)(viii)

445B.310 Environmental evaluation: Applicable sources and other subjects; exemption. 

 1. An applicant for an operating permit, a revision to an operating permit or a request for a change of location, which is not 

subject to the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, must submit with the application an 

environmental evaluation for:

 (a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a regulated air pollutant per 

year;

 (b) A modification to an existing stationary source that meets the following criteria:

 (1) The existing stationary source has the potential to emit greater than 25 tons of a regulated air pollutant per year; and

 (2) The proposed modification has the potential to emit greater than 10 tons of a regulated air pollutant per year;

 (c) The approval of a plantwide applicability limitation or the approval to allow a plantwide applicability limitation to 

expire and not be renewed; or

 (d) Upon written notice from the Director, any other source or combination of sources.

 2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental 

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evaluation with the application. Within 30 days after receipt of a written request for an exemption, the Director shall grant or 

deny the request and notify the owner or operator in writing of his determination. If such an exemption is granted, the Director 

shall perform the environmental evaluation.

 [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75; A 12-15-77; renumbered as § 13.2, 8-28-79; § 13.3.1, eff. 

11-7-75; A 12-15-77; renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 11-7-75; A 12-15-77; renumbered as § 13.2.2, 8-28-79; § 

13.3.3, eff. 11-7-75; renumbered as § 13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 

3-5-98; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-06, 9-18-2006)

445B.311 

(Superseded

Article 

13.3)

Environmental evaluation: Contents; consideration of good engineering practice stack height.

 1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 445B.308 to 

445B.314, inclusive, or as required by the Director must contain a careful and detailed assessment of the environmental 

aspects of the proposed stationary source and must also contain:

 (a) The name and address of the applicant;

 (b) The name, address and location of the stationary source;

 (c) A description of the proposed stationary source, including the normal hours of operation of the facility and the general 

types of activities to be performed;

 (d) A map showing the location of the stationary source and the topography of the area, including existing principal streets, 

roads and highways within 3 miles of the stationary source;

 (e) A site plan showing the location and height of buildings on the site;

 (f) Any additional information or documentation which the Director deems necessary to determine the effect of the 

stationary source on the quality of the ambient air, including measured data on the quality of the ambient air and 

meteorological conditions at the proposed site before construction or modification; and

 (g) A dispersion analysis of each regulated air pollutant.

 2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 

must be submitted for each phase of the construction project.

 3. An environmental evaluation must also consider good engineering practice stack height. If the Director considers an 

analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b) 

of subsection 1 of NAC 445B.083, the Director shall:

 (a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of 

NAC 445B.083; and 

 (b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class 

I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395.

 4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated 

air pollutant must include:

 (a) A dispersion model based on the applicable models, bases and other requirements specified in the “Guideline on Air 

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Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, except that the 

Director may authorize the modification of a model specified in the “Guideline on Air Quality Models” or the use of a model 

not included in the “Guideline on Air Quality Models” if the Director:

 (1) Determines that the modification or use is appropriate;

 (2) Obtains written approval of the modification or use from the Administrator; and

 (3) Provides notice of and establishes a 30-day period for comment in accordance with the applicable provisions of 

NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477;

 (b) A narrative report describing:

 (1) If applicable, assumptions and premises used in the analysis, including, without limitation:

 (I) Model options chosen;

 (II) Urban versus rural selection;

 (III) Background concentrations;

 (IV) Characterization of emission sources as point, area or volume;

 (V) Emission discharge points; and

 (VI) Rate of emission from each emission unit; and

 (2) The geographic area considered in the analysis, including, without limitation, information concerning:

 (I) The nearest significant terrain features;

 (II) The receptor grid or grids; and

 (III) Restrictions on public access to the stationary source; and

 (c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by 

reference in NAC 445B.221, which:

 (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in 

NAC 445B.221:

 (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC 

445B.308, and which covers a period of not less than 1 year;

 (II) Has been obtained from an off-site location representative of the proposed site and which covers a period of not 

less than 1 year;

 (III) Represents the worst-case meteorological conditions, as approved by the Director for synthetic data; or

 (IV) Has been obtained over the last 5 years at the nearest National Weather Service site; or

 (2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 

445B.221, is representative of the source site location and source emissions and which covers a period of not less than 1 year.

 [Environmental Comm’n, Air Quality Reg. § 13.4.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1, 8-28-79; § 

13.4.1.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1.1, 8-28-79; § 13.4.1.4, eff. 11-7-75; renumbered as § 13.3.1.2, 8-

28-79]—(NAC A 10-30-95; R103-02, 12-17-2002; R096-05, 10-31-2005; R151-06, 9-18-2006; R126-10, 12-16-2010)
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445B.313 Method for determining maximum 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 maximum heat input will be determined by:

 1. Multiplying the maximum fuel rate as determined by the manufacturer by the total calorific value of the fuel as 

determined by using the appropriate method of ASTM International; or

 2. An alternative method specified by the Director as a condition contained in the operating permit of the Class I source.

 [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; R142-07, 4-17-2008; R126-10, 12-16-2010)

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445B.3135 Method for determining heat input: Class II sources. For the purposes of determining the effects of a Class II source on the 

quality of ambient air pursuant to NAC 445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content of all 

combusted fuels, or the guaranteed maximum input of the manufacturer or designer of the equipment, whichever is greater. 

The total heat input of all fuel-burning units in a plant or on the premises must be used to determine the maximum amount of a 

regulated air pollutant which may be emitted.

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

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445B.314 Method for determining heat input: Class III sources. For the purposes of determining the effects of a Class III source on 

the quality of ambient air pursuant to NAC 445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content of 

all combusted fuels, or the guaranteed maximum input of the manufacturer or designer of the equipment, whichever is greater. 

The total heat input of all fuel-burning units in a plant or on the premises must be used to determine the maximum amount of a 

regulated air pollutant which may be emitted.

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

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

 1. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to operating 

permits to construct.

 2. The Director shall cite the legal authority for each condition contained in an operating permit.

 3. An operating permit must contain the following conditions:

 (a) The term of the operating permit is 5 years.

 (b) The holder of the operating permit shall retain records of all required monitoring data and supporting information for 5 

years after the date of the sample collection, measurement, report or analysis. Supporting information includes all records 

regarding calibration and maintenance of the monitoring equipment and all original strip-chart recordings for continuous 

monitoring instrumentation.

 (c) Each of the conditions and requirements of the operating permit is severable, and if any are held invalid, the remaining 

conditions and requirements continue in effect.

 (d) The holder of the operating permit shall comply with all conditions of the operating permit. Any noncompliance 

constitutes a violation and is a ground for:

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 (1) An action for noncompliance;

 (2) Revising, revoking, reopening and revising, or terminating the operating permit by the Director; or

 (3) Denial of an application for a renewal of the operating permit by the Director.

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit is not a defense to 

noncompliance with any condition of the operating permit.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit for cause.

 (g) The operating permit does not convey any property rights or any exclusive privilege.

 (h) The holder of the operating permit shall provide the Director, in writing and within a reasonable time, with any 

information that the Director requests to determine whether cause exists for revising, revoking and reissuing, reopening and 

revising, or terminating the operating permit, or to determine compliance with the conditions of the operating permit.

 (i) The holder of the operating permit shall pay fees to the Director in accordance with the provisions set forth in NAC 

445B.327 and 445B.331.

 (j) The holder of the operating permit shall allow the Director or any authorized representative, upon presentation of 

credentials, to:

 (1) Enter upon the premises of the holder of the operating permit where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the operating permit;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the 

operating permit;

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit; and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the 

operating permit or applicable requirements.

 (k) A responsible official of the stationary source shall certify that, based on information and belief formed after a 

reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit are

true, accurate and complete.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R103-02, 

12-17-2002; R189-05, 5-4-2006)

445B.318

(Superseded 

445.707(1)

and (2); 

445.712; 

Operating permits: Requirement for each source; form of application; issuance or denial; posting. 

 1. An operating permit is required for each new or existing stationary source.

 2. Application for the issuance of an operating permit or a replacement for a lost or damaged operating permit must be 

submitted in writing to the Director on the exact form provided by him.

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

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445.714) relevant information that use of the stationary source will not result in any violation of the air quality regulations or the 

provisions of 40 C.F.R. § 52.21 or 40 C.F.R. Parts 60, 61 and 63, adopted by reference in NAC 445B.221.

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

and, if the Director has relied in his decision upon information not contained in the application, the statement of reasons must 

identify and state the substance of such information.

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

 [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11-7-75; § 3.4.7, eff. 11-7-75; 

A 8-28-79]—(NAC A 10-22-87; 12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R189-05, 5-4-2006; R151-06, 9-

18-2006)

445B.319 Operating permits: Administrative amendment.

 1. The holder of an operating permit may request or the Director may initiate an administrative amendment of an operating 

permit to:

 (a) Correct typographical errors;

 (b) Identify a change in the name, address or telephone number of any person identified in the operating permit, or provide 

a similar minor administrative change at the stationary source;

 (c) Require more frequent monitoring or reporting by the holder of the operating permit;

 (d) Add the serial numbers of specific pieces of equipment which were not available at the time of the issuance of or 

revision of the operating permit; or

 (e) Allow for a change in ownership or operational control of a stationary source if the Director determines that no other 

change in the operating permit is necessary. A person who requests an administrative amendment pursuant to this paragraph 

must submit to the Director a written agreement specifying a date for the transfer of responsibility for the operating permit and 

an agreement between the current and the new holder of the operating permit regarding insurance coverage and liability.

 2. A holder of an operating permit must request an administrative amendment on an application provided by the Director. 

The application must be accompanied by a fee in the amount specified in NAC 445B.327.

 3. The Director shall:

 (a) Issue or deny an application for an administrative amendment within 30 days after receipt of the application.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R105-97, 3-5-

98; R019-99, 9-27-99; R125-04, 9-24-2004)

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445B.325

(Superseded 

445.715)

Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

 2. An operating permit may be terminated, reopened and revised, revised, or revoked and reissued if:

 (a) The Director or the Administrator determines that the operating permit contains a material mistake or is based on 

inaccurate statements;

 (b) The Director or the Administrator determines that the operating permit, as written, does not ensure compliance with all 

applicable requirements; or

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 (c) The Director determines that there has been a violation of any of the provisions of NAC 445B.001 to 445B.3689, 

inclusive, any applicable requirement, or any condition contained in the operating permit.

 5. If the Director reopens an operating permit, he shall revise only those portions of the operating permit for which cause 

exists.

 6. The reopening of an operating permit pursuant to this section must comply with all of the relevant requirements for the 

issuance or revision of a permit, including the requirements related to the content of the permit and the requirements for notice,

public participation and comment, and a review by any affected states.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-

97, 3-5-98; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

445B.331

(Superseded 

445.716)

Request for change of location of emission unit. A request for a change of the location of an emission unit must be made in 

writing to the Director and submitted with the fee for each operating permit at least 10 days before each change of location. An 

owner or operator must not operate the emission unit at the new location until the Director approves the location.

 (Added to NAC by Environmental Comm’n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93; 12-13-93, eff. 7-1-94; 10-30-

95; 5-3-96; R019-99, 9-27-99; R117-00, 6-1-2001; R103-02, 12-17-2002; R151-06, 9-18-2006)

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Class I Operating Permits

445B.3361 General requirements.

 1. To establish a new Class I stationary source or modify an existing Class I stationary source, the owner or operator of a 

proposed new Class I stationary source or the existing Class I stationary source must:

 (a) Apply for and obtain a new or revised:

 (1) Operating permit to construct pursuant to NAC 445B.001 to 445B.3689, inclusive; or

 (2) Class I operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive; and

 2. To establish a plantwide applicability limitation, the owner or operator of a Class I stationary source must apply for and 

obtain a Class I operating permit to construct for the approval of the plantwide applicability limitation pursuant to NAC 

445B.001 to 445B.3689, inclusive. To revise or renew a Class I operating permit to construct for the approval of a plantwide 

applicability limitation, the owner or operator of a Class I stationary source must apply for and obtain a revised or renewed 

Class I operating permit to construct for the approval of a plantwide applicability limitation pursuant to NAC 445B.001 to 

445B.3689, inclusive.

 3. Except as otherwise provided in subsection 5, if an owner or operator obtains an operating permit to construct, the 

owner or operator is not required to obtain an operating permit or revised operating permit before commencing initial 

construction, start-up and operation of the proposed new Class I stationary source or the modification to the existing Class I 

stationary source.

 4. Except as otherwise provided in this subsection and subsections 5 and 6, if an owner or operator has a valid operating 

permit to construct, the owner or operator may continue to operate a new Class I stationary source or modifications to an 

existing Class I stationary source under that operating permit to construct if the owner or operator submits a complete 

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application for a Class I operating permit within 12 months after the date of initial start-up of the new Class I stationary source 

or modifications to the existing Class I stationary source. The provisions of this subsection do not apply to a Class I operating 

permit to construct for the approval of a plantwide applicability limitation.

 5. If the conditions of an existing Class I operating permit would prohibit the construction or change in operation of the 

existing Class I stationary source and the owner or operator is not seeking to revise the Class I operating permit at the Class I 

stationary source pursuant to subparagraph (2) of paragraph (a) of subsection 1, the owner or operator must concurrently:

 (a) For the construction or change in operation of the existing Class I stationary source:

 (1) Obtain a Class I operating permit to construct; or

 (2) If the construction or change in operation involves mercury emissions from a thermal unit that emits mercury, obtain 

a mercury operating permit to construct pursuant to NAC 445B.3611 to 445B.3689, inclusive; and

 (b) Obtain an administrative revision to an operating permit to incorporate the conditions of the Class I operating permit to

construct into the existing Class I operating permit pursuant to NAC 445B.3441 before commencing with the construction or 

change in operation of the existing Class I stationary source.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R189-05, 5-4-2006; 

R139-06 & R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

445B.3363 Operating permit to construct: Application.

 1. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to NAC 445B.295, 

an application for a Class I operating permit to construct or for a revision of a Class I operating permit to construct must 

include:

 (a) Descriptions of all emissions of any regulated pollutants for which the source is defined as a major source.

 (b) A description of all emissions of regulated air pollutants from all emission units.

 (c) An identification and a description of all points of emissions and all activities which may generate emissions of the 

regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basis for the applicability of 

standards and fees.

 (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable 

requirement. The emission rates must be described in tons per year and in such terms as are necessary to establish compliance 

using the applicable standard reference test method.

 (e) Any other information required by any applicable requirement.

 (f) The calculations on which the information described in this subsection are based.

 (g) Citations to and a description of all applicable requirements.

 (h) A reference to any applicable test method used for determining compliance with each applicable requirement.

 2. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to subsection 1, an 

application for a Class I operating permit to construct must contain:

 (a) For a proposed new major stationary source, a proposed major modification to an existing stationary source or a major 

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and or FR2

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modification at an existing major stationary source:

 (1) All information required pursuant to 40 C.F.R. § 52.21;

 (2) A description of all emissions of each regulated pollutant:

 (I) For which the source is a major stationary source; or

 (II) That will, because of the major modification, result in a significant emissions increase or a significant net 

emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

 (3) A description of all emissions of each regulated pollutant associated with the major modification;

 (4) A description of each hydrographic area that may be triggered for increment consumption; and

 (5) Any other information that the Director determines is necessary to process the application.

 (b) For a proposed new major source or a proposed modification which is not a major modification:

 (1) All information required by NAC 445B.308 to 445B.311, inclusive;

 (2) Any other information that the Director determines is necessary to process the application; and

 (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515, 

inclusive, all information required by 42 U.S.C. § 7503.

 (c) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive:

 (1) All information required by 40 C.F.R. § 63.43(e); and

 (2) Any other information that the Director determines is necessary to process the application.

 (d) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive:

 (1) All information required by 40 C.F.R. § 63.53; and

 (2) Any other information that the Director determines is necessary to process the application.

 3. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to subsections 1 and 

2, an application for a Class I operating permit to construct for a modification at an existing major stationary source that is not 

a major modification must contain:

 (a) All applicable information required to determine whether the project or modification will result in a significant 

emissions increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

 (b) A description of the project or modification, including all emission units;

 (c) A description of the applicable procedures used to determine that the project or modification is not a major modification 

pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

 (d) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. § 

52.21(a)(2), including detailed information for expected and highest projections of any business activities in accordance with 

40 C.F.R. § 52.21(b)(41)(ii)(a);

 (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

 (f) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an 

emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or 
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modification, including any increased utilization due to product demand growth, in accordance with 40 C.F.R. § 

52.21(b)(41)(ii)(c).

 In lieu of paragraphs (d), (e) and (f), the application must contain information on the potential of the unit to emit in 

accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).

 4. Except for a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 

C.F.R. §§ 63.50 to 63.56, inclusive, in addition to the information required pursuant to subsections 1, 2 and 3, an application 

for an operating permit to construct must include an environmental evaluation pursuant to NAC 445B.308, 445B.310 and 

445B.311.

 5. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21, as adopted by reference in NAC 

445B.221.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R139-06 & R151-06, 

9-18-2006; A by R147-09, eff. 1-28-2010)

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

 1. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application for a Class I operating permit 

to construct for the approval of a plantwide applicability limitation for a major stationary source must contain:

 (a) All the information required pursuant to 40 C.F.R. § 52.21(aa)(3) and all the information necessary to establish the 

plantwide applicability limitation in accordance with the requirements of 40 C.F.R. § 52.21(aa)(4);

 (b) A description of each pollutant for which the owner or operator is requesting a plantwide applicability limitation;

 (c) For each pollutant described in paragraph (b), the proposed plantwide applicability limitation for the entire major 

stationary source;

 (d) A monitoring plan that will be used to make an accurate determination of the plantwide emissions subject to the 

plantwide applicability limitation as specified in 40 C.F.R. § 52.21(aa)(12). The monitoring plan must identify, without 

limitation:

 (1) The monitoring approach proposed for each emission unit;

 (2) The minimum performance requirements of each such approach;

 (3) The basis for any emissions factors proposed; and

 (4) Any emission unit for which the owner or operator cannot demonstrate a correlation between the monitored 

parameters and the plantwide applicability limitation at all operating points;

 (e) If the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide 

applicability limitation at all operating points as identified in paragraph (d) and the owner or operator requests to establish 

default values for determining compliance with the plantwide applicability limitation, any proposed default values to be used

for determining compliance with the plantwide applicability limitation based on the highest potential emissions potentially 

operated for each emission unit;

 (f) A description of the calculation procedures that the source will use to convert monitored data into monthly emissions on 

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a 12-month rolling period;

 (g) A description of any emission units that were permanently shut down after the baseline actual emissions period and the 

associated emissions;

 (h) A description of any emission units for which construction began after the baseline actual emissions period and the 

associated emissions; and

 (i) Any other requirements or information that the Director determines is necessary to implement and enforce the plantwide 

applicability limitation.

 2. An application for a Class I operating permit to construct to allow a plantwide applicability limitation to expire and not 

be renewed must contain:

 (a) A description of the proposed distribution of the emissions allowed by the plantwide applicability limitation for each 

emission unit or group of emission units at the major stationary source; and

 (b) A description of the proposed methods for complying with the distribution of the allowable emissions provided in 

paragraph (a).

 3. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit to 

construct for the renewal of a plantwide applicability limitation must contain the information required pursuant to 40 C.F.R. § 

52.21(aa)(10) for each plantwide applicability limitation pollutant.

 4. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit to 

construct for increasing a plantwide applicability limitation must contain all the information required pursuant to 40 C.F.R. § 

52.21(aa)(11).

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

445B.3364

(Superseded 

445.707(3)-

(5))

Operating permit to construct: Action by Director on application; notice; public comment and hearing. 

 1. Except for sources that are subject to the permitting requirements set forth in 40 C.F.R. § 52.21 or sources subject to the 

requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, within 45 days after the date 

of receipt of an application for a Class I operating permit to construct or for the revision of a Class I operating permit to 

construct, the Director shall determine if the application is complete. If substantial additional information is required, the 

Director shall determine that the application is incomplete and return the application to the applicant. If substantial additional 

information is not required, the Director shall determine the application to be complete. Unless the Director determines that

the application is incomplete within 45 days after the date of receipt of the application, the official date of submittal of the 

application shall be deemed to be the date on which the Director determines that the application is complete or the 46th day 

after the date of receipt, whichever is earlier. Within 90 days after the official date of submittal, the Director shall make a 

preliminary determination to issue or deny a Class I operating permit to construct or a revision of a Class I operating permit to 

construct.

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of receipt 

of an application for a Class I operating permit to construct or for the revision of a Class I operating permit to construct, the 

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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 Director determines that substantial additional information is 

required, the Director shall return the application to the applicant. The Director shall require the applicant to submit a new 

application, or the applicant may formally withdraw the application. Within 180 days after the official date of submittal, the 

Director shall make a preliminary determination to issue or deny an operating permit to construct or a revision of an operating 

permit to construct. For the purposes of 40 C.F.R. § 52.21, the application shall be deemed to be complete on the date that the 

Director makes the preliminary determination to issue or deny a Class I operating permit to construct or a revision of an 

operating permit to construct.

 3. For sources subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, 

inclusive, within 30 days after the date of receipt of an application for a Class I operating permit to construct or for the 

revision of a Class I operating permit to construct, the Director shall determine whether the application is complete. If 

substantial additional information is required, the Director shall determine that the application is incomplete and return the 

application to the applicant. If substantial additional information is not required, the Director shall determine the application to 

be complete. Unless the Director determines that the application is incomplete within 30 days after the date of receipt of the 

application, the official date of submittal of the application shall be deemed to be the date on which the Director determines 

that the application is complete or the 31st day after the date of receipt, whichever is earlier. Within 180 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 

or the revision of the Class I operating permit to construct.

 4. For the submittal of an application for a Class I operating permit to construct for the approval of a plantwide 

applicability limitation, within 30 days after the date of receipt of such an application, the Director shall determine if the 

application is complete. If substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not required, the Director shall 

determine the application to be complete. Unless the Director determines that the application is incomplete within 30 days 

after the date of receipt of the application, the official date of submittal of the application shall be deemed to be the date on 

which the Director determines that the application is complete or the 31st day after the date of receipt, whichever is earlier. 

Within 120 days after the official date of submittal, the Director shall make a preliminary determination to issue or deny the 

Class I operating permit to construct for the approval of a plantwide applicability limitation.

 5. If, after the official date of submittal, the Director discovers that additional information is required to act on an 

application, the Director may request additional information necessary to determine whether the proposed operation will 

comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in writing 

any additional information that the Director requests within the time specified in the request of the Director. Any delay in the 

submittal of the requested information will result in a corresponding delay in the action of the Director on the application 

submitted to the Director.
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Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 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 901 South Stewart Street, Suite 4001, Carson City, 

Nevada 89701-5249 and in the air quality region where the source is located for 30 days to enable public and EPA 

participation and comment.

 7. The Director shall:

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the 

stationary source is located or in a state publication designed to give general public notice;

 (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in 

writing to be included on the list;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public;

 (d) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to construct and the proposed 

operating permit to construct to the Administrator;

 (e) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to construct to each affected 

local air pollution control agency;

 (f) Establish a 30-day period for comment from the public and the EPA; and

 (g) 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:

 (a) Identify the affected facility and the name and address of the applicant;

 (b) Identify the name and address of the authority processing the Class I operating permit to construct;

 (c) Identify the activity or activities involved in the Class I operating permit to construct and the change of emissions 

involved in any revision of the Class I operating permit to construct;

 (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;

 (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional 

information, including copies of the proposed conditions for the Class I operating permit to construct, the application, all 

relevant supporting materials and all other materials which are available to the authority that is processing the Class I 

operating permit to construct and which are relevant to the determination of the issuance of the Class I operating permit to 

construct;

 (f) Include a brief description of the procedures for public comment and the time and place of any hearing that may be held, 

including a statement of the procedures to request a hearing; and

 (g) If applicable, include a description of any revisions to a Class I operating permit resulting from an administrative 

revision to the Class I operating permit.
B-75

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 9. All comments concerning the Director’s review and the preliminary intent for the issuance or denial of a Class I 

operating permit to construct or of a revision of a Class I operating permit to construct must be submitted in writing to the 

Director within 30 days after the public announcement. The Director shall give notice of any public hearing at least 30 days 

before the date of the hearing. The Director shall keep a record of the names of any persons who made comments and of the 

issues raised during the process for public participation.

10. Except as otherwise provided in subsections 11 to 14, inclusive, within 180 days after the official date of submittal of an 

application for an operating permit to construct or for the revision of an operating permit to construct, the Director shall issue 

or deny the new Class I operating permit to construct or the new revision of a Class I operating permit to construct. The 

Director shall make his decision by taking into account:

(a) Written comments from the public;

(b) Comments made during public hearings concerning the application and the Director’s preliminary determination for 

issuance or denial;

(c) Information submitted by proponents of the project; and

(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 applicable state implementation plan.

 11. Except as otherwise provided in subsection 12, for sources subject to the permitting requirements set forth in 40 C.F.R. 

§ 52.21, within 12 months after the official date of submittal of an application for an operating permit to construct or for the 

revision of an operating permit to construct, the Director shall issue or deny the new Class I operating permit to construct or 

the new revision of a Class I operating permit to construct.

 12. The Director shall issue or deny a Class I operating permit to construct for the approval of a plantwide applicability 

limitation within 30 days after the close of the period for public participation or 30 days after the hearing, if a hearing is 

scheduled pursuant to this section, whichever occurs later.

 13. For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. 

§§ 63.50 to 63.56, inclusive, within 12 months after the official date of submittal of an application for an operating permit to 

construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating

permit to construct or the new revision of a Class I operating permit to construct.

 14. The Director shall not issue an administrative revision to a Class I operating permit if the Administrator objects to the 

issuance of the administrative revision in writing within 45 days after the Administrator’s receipt of the proposed revision 

conditions for the Class I operating permit and the necessary supporting information.

 15. Any person may petition the Administrator to request that the Administrator object to the issuance of an administrative 

revision to a Class I operating permit as provided in 40 C.F.R. § 70.8(d).

 16. If, on his own or pursuant to a request by a person pursuant to subsection 15, the Administrator objects to the issuance 

of an administrative revision to a Class I operating permit, the Director shall submit revised proposed conditions for the Class 

I operating permit in response to the objection within 90 days after the date on which he is notified of the objection.
B-76

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Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R125-04, 9-24-2004; 

R139-06 & R151-06, 9-18-2006; R142-07, 4-17-08; R147-09, 1-28-2010)

445B.3365 Operating permit to construct: Contents; noncompliance with conditions. Except as otherwise provided in NAC 

445B.33656:

 1. The Director shall cite the legal authority for each condition contained in an operating permit to construct.

 2. An operating permit to construct must contain the following conditions:

 (a) The expiration date of the operating permit to construct must be defined as described in NAC 445B.3366.

 (b) The holder of the operating permit to construct shall retain records of all required monitoring data and supporting 

information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting information 

includes, without limitation, all records regarding calibration and maintenance of the monitoring equipment and all original 

strip-chart recordings for continuous monitoring instrumentation.

 (c) Each of the conditions and requirements of the operating permit to construct is severable, and if any is held invalid, the 

remaining conditions and requirements continue in effect.

 (d) The holder of the operating permit to construct shall comply with all conditions of the operating permit to construct. 

Any noncompliance constitutes a violation and is a ground for:

 (1) An action for noncompliance;

 (2) The revoking and reissuing, or the terminating, of the operating permit to construct by the Director; or 

 (3) The reopening or revising of the operating permit to construct by the holder of the operating permit to construct as 

directed by the Director.

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit to construct is not 

a defense to noncompliance with any condition of the operating permit to construct.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit to construct for cause.

 (g) The operating permit to construct does not convey any property rights or any exclusive privilege.

 (h) The holder of the operating permit to construct shall provide the Director, in writing and within a reasonable time, with

any information that the Director requests to determine whether cause exists for revoking or terminating the operating permit 

to construct, or to determine compliance with the conditions of the operating permit to construct.

 (i) The holder of the operating permit to construct shall allow the Director or any authorized representative of the Director, 

upon presentation of credentials, to:

 (1) Enter upon the premises of the holder of the operating permit to construct where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the operating permit to construct;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the 

operating permit to construct;

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CFR

52.1490

and or FR2

Article # NAC #

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit to construct; and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the 

operating permit to construct or applicable requirements.

 (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a 

reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit to 

construct are true, accurate and complete.

 3. An operating permit to construct must contain:

 (a) All applicable requirements, emission limits and standards;

 (b) Monitoring methods adequate to show compliance;

 (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and

 (d) Any other requirements deemed necessary by the Director.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R189-05, 5-4-2006; 

R139-06, 9-18-2006)

445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance with 

conditions. 

 1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construct for the 

approval of a plantwide applicability limitation.

 2. A Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the 

following conditions:

 (a) The expiration date of the Class I operating permit to construct must be determined in accordance with subsection 5 of 

NAC 445B.3366.

 (b) The holder of the Class I operating permit to construct shall retain records pursuant to 40 C.F.R. § 52.21(aa)(13).

 (c) Each of the conditions and requirements of the Class I operating permit to construct is severable, and if any is held 

invalid, the remaining conditions and requirements continue in effect.

 (d) The holder of the Class I operating permit to construct shall comply with all conditions of the Class I operating permit 

to construct. Any noncompliance constitutes a violation and is a ground for:

 (1) An action for noncompliance;

 (2) The revoking and reissuing, or the terminating, of the Class I operating permit to construct by the Director; or 

 (3) The reopening or revising of the Class I operating permit to construct by the holder of the Class I operating permit to 

construct as directed by the Director.

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the Class I operating permit to 

construct is not a defense to noncompliance with any condition of the Class I operating permit to construct.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I operating permit to construct 

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CFR

52.1490

and or FR2

Article # NAC #

for cause.

 (g) The Class I operating permit to construct does not convey any property right or exclusive privilege.

 (h) The holder of the Class I operating permit to construct shall provide the Director, in writing and within a reasonable 

time, with any information that the Director requests to determine whether cause exists for revoking or terminating the ClassI 

operating permit to construct, or to determine compliance with the conditions of the Class I operating permit to construct.

 (i) The holder of the Class I operating permit to construct shall allow the Director or any authorized representative of the 

Director, upon presentation of credentials, to:

 (1) Enter upon the premises of the holder of the Class I operating permit to construct where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the Class I operating permit to construct;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the 

Class I operating permit to construct;

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the Class I operating permit to construct; and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the 

Class I operating permit to construct or applicable requirements.

 (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a 

reasonable inquiry, the statements made in any document required to be submitted by any condition of the Class I operating 

permit to construct are true, accurate and complete.

 3. In addition to the requirements established in subsections 1 and 2, a Class I operating permit to construct for the 

approval of a plantwide applicability limitation must contain the information set forth in 40 C.F.R. § 52.21(aa)(7) as adopted 

by reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R189-05, 5-4-2006; R139-06, 9-18-2006)

445B.3366

(Superseded 

NAC 445

.707(6))

Expiration and extension of operating permit to construct; expiration and renewal of plantwide applicability 

limitation. 

 1. If construction will occur in one phase, an operating permit to construct for a new or modified stationary source expires 

if construction is not commenced within 18 months after the date of issuance thereof or construction of the facility is delayed 

for 18 months after initiated. The Director may extend the date on which the construction may be commenced upon a showing 

that the extension is justified.

 2. If construction will occur in more than one phase, the projected date of the commencement of construction of each 

phase of construction must be approved by the Director. An operating permit to construct expires if the initial phase of 

construction is not commenced within 18 months after the projected date of the commencement of construction approved by 

the Director. The Director may extend only the date on which the initial phase of construction may be commenced upon a 

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CFR

52.1490

and or FR2

Article # NAC #

showing that the extension is justified.

 3. An operating permit to construct issued to a new major stationary source or issued for a major modification to an 

existing stationary source that is subject to the permitting requirements set forth in 40 C.F.R. § 52.21 is subject to the 

expiration requirements established in 40 C.F.R. § 52.21(r)(2).

 4. Except as otherwise provided in this subsection, an operating permit to construct expires if a complete application for a 

Class I operating permit or modification of an existing Class I operating permit is not submitted within 12 months after the 

date of initial start-up. The provisions of this subsection do not apply to a Class I operating permit to construct for the 

approval of a plantwide applicability limitation.

 5. A plantwide applicability limitation expires at the end of the plantwide applicability limitation effective period in 

accordance with 40 C.F.R. § 52.21(aa)(9), unless the plantwide applicability limitation is renewed pursuant to subsection 3 of 

NAC 445B.33637. If the owner or operator is not going to renew the plantwide applicability limitation, the operating permit 

for the Class I stationary source must be revised to incorporate the redistribution of the emissions allowed by the plantwide 

applicability limitation that is expiring in accordance with subsection 2 of NAC 445B.33637. For the purposes of this 

subsection, “plantwide applicability limitation effective period” means the “PAL effective period” as that term is defined in 40 

C.F.R. § 52.21(aa)(2)(vii).

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R139-06, 9-18-2006)

445B.3368 Additional requirements for application; exception. 

 1. The information otherwise required by this section is not required if the owner or operator applied for an operating 

permit to construct and no changes have been made to the facility. The information provided in the application for the 

operating permit to construct must be resubmitted as part of the Class I operating permit application.

 2. In addition to the information required pursuant to NAC 445B.295, an application for a Class I operating permit must 

include:

 (a) Descriptions of all emissions of any pollutants for which the source is major and all emissions of regulated air pollutants 

from all emission units.

 (b) An identification and a description of all points of emissions and all activities which may generate emissions of the 

regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basis for the applicability of 

standards and fees.

 (c) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable 

requirement. The emission rates must be described in tons per year and in such terms as are necessary to establish compliance 

using the applicable standard reference test method.

 (d) Any other information required by any applicable requirement.

 (e) The calculations on which the information in this subsection and subsection 1 are based.

 (f) Citations to and a description of all applicable requirements.

 (g) A reference to any applicable test method used for determining compliance with each applicable requirement.

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B-80

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (h) A compliance plan that contains the following:

 (1) A description of the compliance status of the stationary source with respect to all applicable requirements.

 (2) A description that includes the following:

 (I) For the applicable requirements with which the stationary source is in compliance, a statement that the stationary 

source will continue to comply with those requirements.

 (II) For the applicable requirements that may become effective during the term of the permit, a statement that the 

stationary source will comply with those requirements on a timely basis.

 (III) For each applicable requirement with which the stationary source will not be in compliance at the time that a 

permit will be issued, a narrative description of how the stationary source will achieve compliance with each such requirement.

 (3) Schedules of compliance as follows:

 (I) For the applicable requirements with which the stationary source is in compliance, a statement that the stationary 

source will continue to comply with those requirements.

 (II) For the applicable requirements that may become effective during the term of the permit, a statement that the 

stationary source will comply with those requirements on a timely basis, unless the applicable requirement expressly requires a 

more detailed schedule for compliance.

 (III) For each applicable requirement with which the stationary source will not be in compliance at the time that a 

permit will be issued, a schedule of compliance for each applicable requirement. Such a schedule must include a schedule of 

remedial measures, including, without limitation, an enforceable sequence of actions with milestones, leading to compliance 

with the applicable requirements with which the stationary source is not in compliance. If the stationary source is subject to a 

judicial consent decree or an administrative order regarding its noncompliance, the schedule must resemble and be at least as

stringent as any schedule contained in the decree or order. Such a schedule of compliance must be supplemental to, and must 

not sanction noncompliance with, the applicable requirements on which it is based.

 (4) A schedule for the submission of certified progress reports at least once every 6 months for a schedule of compliance 

to remedy a violation. Such progress reports must contain the following:

 (I) Dates for performing activities or achieving milestones or compliance required in the schedule of compliance, and 

the dates when the activities, milestones or compliance occurred or were achieved; and

 (II) An explanation as to why any dates in the schedule of compliance were not or will not be met, and any 

preventative or corrective measures adopted.

 The content requirements of the compliance plan specified in this paragraph apply and must be included in the acid rain 

portion of a compliance plan for an affected source, except as specifically superseded by regulations adopted pursuant to Title 

IV of the Act with regard to the schedule and methods the source will use to achieve compliance with the emissions limitations 

relating to acid rain.

 (i) Requirements for compliance certification, including:

 (1) A certification of compliance with all applicable requirements by a responsible official, consistent with this section 
B-81

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Text of Regulations and Articles: 

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CFR

52.1490

and or FR2

Article # NAC #

and 42 U.S.C. § 7414(a)(3);

 (2) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping and 

reporting requirements, and methods of testing;

 (3) A schedule for submission of certifications of compliance during the term of the permit to be submitted not less 

frequently than annually, or more frequently if so specified by the underlying applicable requirement or the permitting 

authority; and

 (4) A statement indicating the status of compliance by the stationary source with any applicable enhanced monitoring 

and compliance certification requirements of the Act.

 3. In addition to the information required pursuant to subsections 1 and 2, a Class I-B application for a Class I operating 

permit must contain:

 (a) For a proposed new major stationary source or a proposed major modification to an existing stationary source:

 (1) All information required pursuant to 40 C.F.R. § 52.21;

 (2) A description of all emissions of each regulated pollutant for which the source is a major stationary source or that 

will increase by a significant amount as a result of the major modification;

 (3) A description of all emissions of each regulated pollutant associated with the major modification;

 (4) A description of each hydrographic area that may be triggered for increment consumption; and

 (5) Any other information that the Director determines is necessary to process the application.

 (b) For a proposed new major source or a proposed significant revision to an existing stationary source:

 (1) All information required by NAC 445B.308 to 445B.313, inclusive;

 (2) Any other information that the Director determines is necessary to process the application; and

 (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515, 

inclusive, all information required by 42 U.S.C. § 7503.

 (c) For a proposed new major source or a proposed significant revision to an existing stationary source which is subject to 

the requirements of 42 U.S.C. § 7412 regarding hazardous air pollutants:

(1) All information required by NAC 445B.308 to 445B.313, inclusive; 

(2) For a source subject to the requirements of 42 U.S.C. § 7412(g), all information required by 40 C.F.R. § 63.43(e);

(3) For a source subject to the requirements of 42 U.S.C. § 7412(j), all information required by 40 C.F.R. § 63.53; and

(4) Any other information that the Director determines is necessary to process the application.

 (d) For a revision to a Class I operating permit for a modification at an existing major stationary source that is not a major 

modification:

(1) All applicable information required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2);

(2) A description of the project or modification, including all emission units;

(3) A description of the applicable procedures used to determine that the project or modification is not a major modification

pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);
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Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(4) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2), 

including detailed information for expected and highest projections of any business activities in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(a);

(5) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

(6) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an 

emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or 

modification, including any increased utilization due to product demand growth, in accordance with 40 C.F.R. § 

52.21(b)(41)(ii)(c).

 In lieu of subparagraphs (4), (5) and (6), the application must contain information on the potential of the unit to emit in 

accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).

 4. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21 as adopted by reference in NAC 

445B.221.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R147-09, eff. 1-28-

2010)

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

 1. Except as otherwise provided in subsections 5 and 6 of NAC 445B.3361, an owner or operator of a stationary source 

must file a Class I-B application, on a form provided by the Director, and obtain a Class I operating permit before 

commencing the construction, reconstruction or modification of:

 (a) A Class I existing stationary source;

 (b) A proposed modification for which a revision of an operating permit is requested pursuant to NAC 445B.3425 or 

445B.344 to a Class I stationary source;

 (c) A modification to a Class II source that results in total emissions of any regulated air pollutant above the thresholds 

defined in NAC 445B.094 for a major source;

 (d) A proposed new Class I stationary source;

 (e) A proposed new Class I stationary source subject to a standard, a limitation or any other requirement adopted pursuant 

to 42 U.S.C. § 7411 or 7412, unless the Class I stationary source is subject only to the requirements of 42 U.S.C. § 7412(r); or

 (f) A proposed new stationary source which is included in a category of sources designated by the Administrator pursuant 

to 42 U.S.C. § 7661a(a).

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-

97, 3-5-98; R117-00, 6-1-2001; R125-04, 9-24-2004; R139-06 & R162-06, 9-18-2006)

77FR59321

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445B.3395

(Superseded 

445 .707(3)-

(6))

Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of 

permit.

 1. Except for sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21 and as otherwise provided in 

this subsection, within 60 days after the date on which an application for a Class I operating permit or for the significant 

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CFR

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and or FR2

Article # NAC #

revision of a Class I operating permit is received, the Director shall determine whether the application is complete. If 

substantial additional information is required, the Director shall determine that the application is incomplete and return the 

application to the applicant. If substantial additional information is not required, the Director shall determine that the 

application is complete. Unless the Director determines that the application is incomplete within 60 days after the date of 

receipt, the official date of submittal shall be deemed to be the date on which the Director determines that the application is 

complete or 61 days after the date of receipt, whichever is earlier.

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of receipt 

of an application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall determine 

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 Director determines that substantial additional information is required, the 

Director shall return the application to the applicant. The Director shall require the applicant to submit a new application or 

the applicant may formally withdraw the application.

 3. If, after the official date of submittal, the Director discovers that additional information is required to act on the 

application, the Director may request such additional information that is necessary to determine whether the proposed 

operation will comply with all the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must 

provide in writing any additional information that the Director requests within the time specified in the request of the Director. 

Any delay in the submittal of the requested information will result in a corresponding delay in the action of the Director on the 

application submitted to the Director pursuant to subsection 1 or 2.

 4. Except as otherwise provided in this section, within 180 days after the official date of submittal of an application for a 

Class I operating permit or for the revision of a Class I operating permit, the Director shall make a preliminary determination 

to issue or deny the Class I operating permit or the revision of the Class I operating permit. The Director shall give preliminary 

notice of his intent to issue or deny the Class I operating permit or the revision of the Class I operating permit within 180 days 

after the official date of submittal.

 5. Within 10 working days after the receipt of an application for a minor revision of a Class I operating permit, the 

Director shall determine whether the application is complete. If substantial additional information is required, the Director

shall determine the application to be incomplete and return the application to the applicant. If substantial additional 

information is not required, the Director shall determine the application to be complete. Unless the Director determines that

the application is incomplete within 10 working days after the date on which the Director receives the application, the official 

date of submittal is the date on which the Director determines that the application is complete or 11 working days after the date

of receipt, whichever is earlier.

 6. The Director’s review and preliminary intent to issue or deny a Class I operating permit or the revision of a Class I 

operating permit and the proposed conditions for the Class I operating permit must be made public and maintained on file with

the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249 and in 
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and or FR2

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the air quality region where the source is located for 30 days to enable public participation and comment and a review by any

affected states.

 7. The Director shall:

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the Class I 

stationary source is located or in a state publication designed to give general public notice;

 (b) Provide written notice to:

 (1) Persons on a mailing list developed by the Director, including those persons who request in writing to be included on 

the list; 

 (2) Any affected state; and

 (3) Any affected local air pollution control agency;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public and affected states;

 (d) Provide a copy of the Director’s review of the application, the Director’s preliminary intent to issue or deny the Class I

operating permit or the revision of a Class I operating permit, and the proposed Class I operating permit to the Administrator; 

and

 (e) Establish a 30-day period for public comment.

 8. The provisions of subsections 6 and 7 do not apply to:

 (a) An administrative amendment to a Class I operating permit made pursuant to NAC 445B.319;

 (b) A change without revision to a Class I operating permit made pursuant to NAC 445B.342; or

 (c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425, if the Director determines that the 

minor revision does not result in a significant change in air quality at any location where the public is present on a regular 

basis.

 9. The notice required for a Class I operating permit or for a revision of a Class I operating permit pursuant to subsection 7 

must:

 (a) Identify the affected facility and the name and address of the applicant;

 (b) Identify the name and address of the authority processing the Class I operating permit;

 (c) Identify the activity or activities involved in the Class I operating permit and the emissions change involved in any 

revision of the Class I operating permit;

 (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;

 (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional 

information, including copies of the proposed conditions for the Class I operating permit, the application, all relevant 

supporting materials and all other materials which are available to the authority that is processing the Class I operating permit 

and which are relevant to the determination of the issuance of the Class I operating permit; and

 (f) Include a brief description of the procedures for public comment and the time and place of any hearing that may be held, 

including a statement of the procedures to request a hearing.
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and or FR2

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 10. All comments on the Director’s review and preliminary intent for the issuance or denial of a Class I operating permit or 

a revision of a Class I operating permit must be submitted in writing to the Director within 30 days after the public 

announcement. The Director shall give notice of any public hearing at least 30 days before the date of the hearing. The 

Director shall keep a record of the names of any persons who made comments and of the issues raised during the process for 

public participation.

 11. Except as otherwise provided in subsection 12 and NAC 445B.319, 445B.342 and 445B.3425, within 12 months after 

the official date of submittal of a Class I-B application for an operating permit or revision of an operating permit, the Director 

shall issue or deny the operating permit or revision of the operating permit. The Director shall make his decision by taking into 

account:

 (a) Written comments from the public, affected states and the Administrator;

 (b) Comments made during public hearings concerning the application and the Director’s preliminary determination for 

issuance or denial;

 (c) Information submitted by proponents of the project; and

 (d) The effect of such a facility on the maintenance of the state and national ambient air quality standards contained in NAC 

445B.22097 and the applicable state implementation plan.

 The Director shall send to the Administrator a copy of the final operating permit issued by the Director after approving the 

Class I-B application.

 12. For stationary sources subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant 

deterioration of air quality, adopted by reference pursuant to NAC 445B.221, the Director shall issue or deny an application 

for a Class I operating permit, or the revision or renewal of a Class I operating permit, within 12 months after the official date 

of submittal of an application for a new Class I operating permit or the revision of a Class I operating permit. The application 

shall be deemed to be complete for the purposes of 40 C.F.R. § 52.21 on the date that the Director makes the preliminary 

determination to issue or deny the Class I operating permit or the revision of the Class I operating permit.

 16. If construction will occur in one phase, a Class I operating permit or the revision of a Class I operating permit for a 

new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 regarding the 

prevention of significant deterioration of air quality, expires if construction is not commenced within 18 months after the date 

of issuance thereof or construction of the facility is delayed for 18 months after initiated. The Director may extend the date on 

which the construction may be commenced upon a showing that the extension is justified.

 17. If construction will occur in more than one phase, the projected date of the commencement of construction of each 

phase of construction must be approved by the Director. A Class I operating permit or the revision of a Class I operating 

permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21

regarding the prevention of significant deterioration of air quality, expires if the initial phase of construction is not commenced 

within 18 months after the projected date of the commencement of construction approved by the Director. The Director may 

extend only the date on which the initial phase of construction may be commenced upon a showing that the extension is 
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and or FR2

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justified.

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

3.2.3 & 3.2.4, eff. 11-7-75; § 3.2.5, eff. 11-7-75; A 12-4-76; § 3.2.6, eff. 11-7-75; + § 13.1.2, eff. 11-7-75; A 12-4-76; 8-28-

79]—(NAC A 10-22-87; 12-15-88; 12-8-89; 9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-

30-95, eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-01, 10-25-2001; R103-02, 12-17-2002; R198-03, 4-26-2004; 

R125-04, 9-24-2004; R151-06, 9-18-2006; R142-07, 4-17-2008)

445B.340 Prerequisites to issuance, revision or renewal of permit. The Director may issue a Class I operating permit, or a revision of 

or a renewal of a Class I operating permit, if:

 1. The Director has:

 (a) Received a complete application for a Class I operating permit or for a revision of or a renewal of a Class I operating 

permit;

 (b) Completed all requirements regarding public participation and comment pursuant to NAC 445B.3395; and

 (c) Notified and responded to all comments from affected states;

 2. The conditions of the operating permit provide for compliance with the requirements of NAC 445B.001 to 445B.3689, 

inclusive, and any other applicable requirements; and

 (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; A by 

R142-07, 4-17-2008)—(Substituted in revision for NAC 445B.306)

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445B.342 Certain changes authorized without revision of permit; notification of authorized changes. 

 1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which 

contravene an express term of the operating permit without a revision of the operating permit if the changes do not:

 (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a modification 

as that term is defined in NAC 445B.099;

 (b) Violate any provision of NAC 445B.001 to 445B.3689, inclusive, or any other applicable requirement; or

 (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit.

 2. Any conditions of an operating permit that are requirements for monitoring, methods of testing, recordkeeping, 

reporting or compliance certification may not be changed pursuant to this section.

 3. For each change made pursuant to this section, the holder of the operating permit shall provide a written notification to 

the Director and the Administrator at least 7 days before making the change. This notification must include:

 (a) A detailed description of the change;

 (b) The date on which the change will occur;

 (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3689, inclusive;

 (d) Any condition of the operating permit which will no longer apply because of the change; and

 4. The holder of the operating permit, the Director and the Administrator, as appropriate, shall attach a copy of the written 

notification to his respective copy of the permit.

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and or FR2

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 (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; R096-05, 10-31-2005)

445B.3425 Minor revision of permit.

 1. A minor revision may be made to a Class I operating permit if the revision:

 (a) Does not violate any applicable requirement;

 (b) Does not involve significant changes to the existing requirements for monitoring, reporting or recordkeeping;

 (c) Does not require or change:

 (1) A determination of an emission limitation or other standard on a case-by-case basis;

 (2) A determination of the ambient impact for any temporary source; or

 (3) A visibility or increment analysis;

 (d) Does not establish or change a condition of the operating permit for which there is no corresponding underlying 

applicable requirement and which was requested in order to avoid an applicable requirement, including:

 (1) A federally enforceable emissions cap; or

 (2) An alternative emission limitation pursuant to 42 U.S.C. § 7412(i)(5);

 (e) Is not a modification pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive;

 (f) Does not result in an increase in allowable emissions that exceeds any of the following specified thresholds:

 (1) Carbon monoxide, 100 tons per year;

 (2) Nitrogen oxides, 40 tons per year;

 (3) Sulfur dioxide, 40 tons per year;

 (4) PM10, 15 tons per year;

 (5) Ozone, 40 tons per year of volatile organic compounds;

 (6) Sulfuric acid mist, 7 tons per year; and

 (7) Hydrogen sulfide (H2S), 10 tons per year; and

 (g) Is not a major modification at an existing major stationary source.

 2. An owner or operator must request a minor revision on an application form provided by the Director. The application 

must include:

 (a) A description of the modification;

 (b) A description of the emissions resulting from the modification;

 (c) An identification of any new applicable requirements that will apply because of the modification;

 (d) Suggested conditions of the operating permit;

 (e) Certification by a responsible official of the stationary source that the proposed modification complies with the criteria 

for a minor revision set forth in subsection 1; and

 (f) Any relevant information concerning the proposed change which is required by NAC 445B.295 and 445B.3368.

 3. The Director shall:

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 (a) Determine, in accordance with subsection 5 of NAC 445B.3395, whether the application for a minor revision is 

complete.

 (b) Transmit the application to the Administrator within 10 working days after the official date of submittal of the 

application.

 (c) Provide notice to any affected state within 10 working days after the official date of submittal of the application for a 

minor revision.

 (d) Unless the application is for a minor revision described in subsection 8 of NAC 445B.3395, enable public participation 

and comment and provide notice to the public concerning the application for a minor revision in the manner set forth in 

subsections 6 and 7 of NAC 445B.3395.

 (e) Provide a 30-day period for comment by any affected state and the public, if applicable, concerning the application.

 (f) Within 45 days after the official date of submittal of the application:

 (1) Determine whether the proposed minor revision meets the criteria for a minor revision set forth in this section;

 (2) Determine whether the proposed conditions of the operating permit are adequate; and

 (3) If the Director determines that the proposed modification does not meet the criteria for a minor revision, deny the 

proposed revision and notify the applicant and the Administrator.

 (g) If the Director determines that the applicant’s proposed conditions of the operating permit are not adequate, draft 

appropriate conditions for the operating permit. Proposed conditions drafted by the Director must be submitted to the 

Administrator for review.

 (h) Notify the Administrator of any recommendations from an affected state which the Director does not accept.

 4. The Director may issue the minor revision upon notification by the Administrator that the Administrator does not object 

to the minor revision. If the Administrator does not notify the Director within 45 days after the date on which the 

Administrator received the notification pursuant to this section or within 45 days after the date on which the Administrator 

receives the Director’s proposed conditions, whichever is later, the Administrator shall be deemed to have not objected to the 

minor revision.

 5. If the Administrator objects to the minor revision, the Director shall:

 (a) Deny the application for the minor revision;

 (b) Determine whether the minor revision should be reviewed under the procedures for a significant revision; or

 (c) Revise the proposed revision of the operating permit and forward it to the Administrator for review.

 6. The Director shall take action pursuant to subsection 4 or 5 within 90 days after the official date of submittal of an 

application for a minor revision or within 15 days after the Administrator’s 45-day review period ends, whichever is later.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; 5-3-

96; R105-97, 3-5-98; R036-98, 4-17-98; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004)

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 

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as a change that may be made pursuant to NAC 445B.342, or as an administrative amendment or a minor revision. A 

significant revision includes, but is not limited to, a revision:

 (a) Of an existing condition of the operating permit relating to monitoring or making the requirements for reporting or 

recordkeeping less stringent;

 (b) Which requires or changes:

 (1) A determination of an emission limitation on a case-by-case basis;

 (2) A determination of ambient impact for any temporary source; or

 (3) A visibility or increment analysis;

 (c) Which would establish or change a condition of the operating permit and which is requested or assumed by the owner or 

operator of the stationary source in order to avoid any applicable requirement;

 (d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part 60, as adopted pursuant to NAC 445B.221; or

 (e) Subject to 42 U.S.C. § 7412.

 2. An application for a significant revision must comply with the requirements for an application for a Class I operating 

permit set forth in NAC 445B.295, 445B.297 and 445B.3368, including public participation and comment and a review by 

any affected states and the Administrator pursuant to NAC 445B.3395.

 3. An application for a significant revision must be accompanied by the fee set forth in NAC 445B.327.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-

97, 3-5-98; R103-02, 12-17-2002)

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

 1. To modify a Class I stationary source in accordance with subsection 5 of NAC 445B.3361, the owner or operator of the 

Class I stationary source must submit an application for an administrative revision to a Class I operating permit to incorporate 

the conditions of a Class I operating permit to construct into the existing Class I operating permit for the Class I stationary 

source.

 2. The Director shall issue a revised Class I operating permit or deny the application for an administrative revision to a 

Class I operating permit within the timelines established for processing an application for a Class I operating permit to 

construct as specified in NAC 445B.3364.

 3. An application for an administrative revision to a Class I operating permit must comply with the requirements for an 

application for a Class I operating permit set forth in NAC 445B.295, 445B.297 and 445B.3368, and the requirements relating 

to public participation and comment and a review by any affected states and the Administrator pursuant to NAC 445B.3395.

 4. An application for an administrative revision to a Class I operating permit must be accompanied by the appropriate fee 

set forth in NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R139-06, 9-18-2006)

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445B.3443

(Superseded 

Renewal of permit. 

 1. All Class I operating permits must be renewed 5 years after the date of issuance.

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445.713) 2. A complete application for the renewal of a Class I operating permit must be submitted to the Director on the form 

provided by the Director with the appropriate fee at least 240 days, but not earlier than 18 months, before the expiration date 

of the current Class I operating permit for stationary sources.

 3. Applications for the renewal of a Class I operating permit must comply with all requirements for the issuance of an 

initial Class I operating permit as specified in NAC 445B.3395.

4. If an application for the renewal of a Class I operating permit is submitted in accordance with subsection 2, the 

stationary source may continue to operate under the conditions of the existing Class I operating permit until the Class I 

operating permit is renewed or the application for renewal is denied. 

 5. If an application for the renewal of a Class I operating permit is not submitted in accordance with subsection 2:

 (a) The stationary source may be required to cease operation when the Class I operating permit expires; and 

 (b) The owner or operator of the stationary source:

 (1) Must apply for the issuance of a new Class I operating permit pursuant to NAC 445B.3375; and

 (2) May not recommence the operation until the new Class I operating permit is issued.

 6. The fee for the issuance of a new Class I operating permit or the renewal of a Class I operating permit is 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; 

R191-08, 12-17-2008)

445B.3447

(Superseded 

445.707(3)-

(6);

445.713)

Class I general permit. 

 1. The Director may issue a Class I general permit covering numerous similar stationary sources.

 2. A Class I general permit must set forth the criteria by which stationary sources may qualify for the Class I general 

permit.

 3. A Class I general permit which covers stationary sources that would otherwise be required to be covered by a Class I 

operating permit must:

 (a) Ensure compliance with all applicable requirements; and

 (b) Not be granted until the requirements for public participation and comment and a review by any affected states and the 

Administrator pursuant to NAC 445B.3395 have been completed.

 5. After the effective date of a Class I general permit, the owner or operator of any stationary source that meets the 

criteria set forth in the Class I general permit may request authority to operate under the Class I general permit. The request 

must be in writing and must include all the information required by the Class I general permit.

 6. The Director shall grant or deny authority to operate under a Class I general permit within 30 days after his receipt of a 

request for such authority. The Director’s decision to grant or deny an application for authority to operate under the terms of a 

Class I general permit is not subject to the requirements of NAC 445B.3395.

 7. A person may challenge the provisions of a Class I general permit only at the time the Class I general permit is issued. 

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The Director’s grant or denial of authority to operate under a Class I general permit to a stationary source or stationary sources 

does not provide an opportunity for an administrative review or a judicial review of the Class I general permit.

 8. The Director shall not grant authority to operate under a Class I general permit to an affected source.

 9. The term of a Class I general permit is 5 years.

 10. The authority to operate under a Class I general permit expires after 5 years. An owner or operator of a stationary 

source operating under the authority of a Class I general permit shall apply to renew his authority to operate under the Class I 

general permit at least 30 days before his authorization expires.

 11. A stationary source which obtains authorization to operate under a Class I general permit but is later determined not to 

qualify under the conditions of the Class I general permit may be subject to an action enforcing the prohibition against 

operating without a 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; R103-

02, 12-17-2002)—(Substituted in revision for NAC 445B.335)

Class II Operating Permits

445B.3453 Application: General requirements. 

 1. Except as otherwise provided in subsection 3, an owner or operator of any stationary source that is not subject to the 

requirements of NAC 445B.337 or 445B.3375 must submit an application for and obtain a Class II operating permit or, if 

applicable, a Class III operating permit pursuant to NAC 445B.3485.

 2. For a proposed stationary source or a proposed modification to a stationary source that is not subject to the requirements 

of NAC 445B.337 or 445B.3375, an owner or operator must file an application and obtain a Class II operating permit or a 

revision to an existing Class II operating permit or, if applicable, a Class III operating permit or a revision to an existing Class 

III operating permit pursuant to NAC 445B.3485, before commencing construction of the proposed stationary source or the 

proposed modification.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R189-05, 5-4-2006)

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445B.3457

(Supersedes 

445.707(3)-

(6))

Action by Director on application; notice; public comment and hearing; expiration of permit.

 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of receipt of an 

application for a Class II operating permit or for the revision of a Class II operating permit, accompanied by the applicable

fee, the Director shall determine if the application is complete. If substantial additional information is required, the Director 

shall determine that the application is incomplete and return the application to the applicant. If substantial additional 

information is not required, the Director shall determine the application to be complete. Unless the Director determines that 

the application is incomplete within 10 working days after the date of receipt of the application, the official date of submittal 

of the application shall be deemed to be the date on which the Director determines that the application is complete or 11 

working days after the date of receipt, whichever is earlier.

 2. If, after the official date of submittal, the Director discovers that additional information is required to act on the 

application, the Director may request additional information necessary to determine whether the proposed operation will 

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and or FR2

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comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in writing 

any additional information that the Director requests within the time specified in the request of the Director. Any delay in the 

submittal of the requested information will result in a corresponding delay in the action of the Director on the application 

submitted to the Director.

 3. If notice to the public is not required pursuant to subsection 5, the Director shall issue or deny a Class II operating 

permit or the revision of a Class II operating permit within 60 days after the official date of submittal of the application for the 

Class II operating permit or for the revision of the Class II operating permit.

 4. 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 15 days after the official date of submittal of the application for the Class II operating permit or for the revision 

of the Class II operating permit;

 (b) Take such action as is necessary to ensure compliance with the provisions of subsections 6, 7 and 8, as applicable; and

 (c) Issue or deny the Class II operating permit or the revision of the Class II operating permit taking into account:

 (1) Written comments from the public;

 (2) Information submitted by proponents of the project; and

 (3) 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 applicable state implementation plan.

 5. Public notice is required for an application for:

 (a) A Class II operating permit for a stationary source that has not previously held a Class I operating permit or Class II 

operating permit; or

 (b) The revision of a Class II operating permit for which the Director determines that the change to the stationary source 

results in an increase in allowable emissions that exceeds any of the following thresholds:

 Pollutant Threshold in tons per year

Carbon monoxide................................................................................................. 40

Nitrogen oxides.................................................................................................... 40

Sulfur dioxide....................................................................................................... 40

PM10...................................................................................................................... 15

Ozone measured as VOC...................................................................................... 40

Lead...................................................................................................................... 0. 6

 6. For the notice required pursuant to subsection 5 and at the time the Director makes a preliminary determination to issue 

or deny a Class II operating permit or the revision of a Class II operating permit pursuant to subsection 4, the Director shall:
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 (a) Make the preliminary determination public and maintain it on file with the Director during normal business hours at 

901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 days to enable public participation and 

comment;

 (b) Cause to be published on an Internet website designed to give general public notice an electronic copy of the Director’s 

notice of proposed action;

 (c) Provide written notification of the Director’s proposed action to persons on a mailing list developed by the Director, 

including those persons who request in writing to be included on the list;

 (d) Provide notice of the Director’s proposed action and a copy of the application to a public library in the area in which 

the proposed new Class II source or the proposed modification to the existing Class II source is located for posting to ensure 

that adequate notice is given to the public;

 (e) Provide notice of the Director’s proposed action and a copy of the application to the Administrator and to any local air 

pollution control agency having jurisdiction in the area in which the proposed new Class II source or the proposed 

modification to the existing Class II source is located; and

 (f) Establish a 30-day period for public participation.

 7. The notice required pursuant to subsection 5 must include:

 (a) The name of the affected facility and the name and address of the applicant;

 (b) The name and address of the state agency processing the Class II operating permit or the revision of the Class II 

operating permit;

 (c) The name, address and telephone number of a representative from the state agency that is processing the Class II 

operating permit or the revision of the Class II operating permit;

 (d) A description of the proposed new Class II source or the proposed modification to the existing Class II source and a 

summary of the emissions involved;

 (e) The date by which comments must be submitted to the Director;

 (f) A summary of the analysis of the effect of the proposed new Class II source or the proposed modification to the existing 

Class II source on the quality of air, as analyzed by the state agency processing the Class II operating permit or the revision of 

the Class II operating permit;

 (g) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable; 

and

 (h) A brief description of the procedures for public participation.

 8. All comments concerning the applications for which notice to the public is required to be provided pursuant to this 

section must be submitted in writing to the Director within the time specified in the notice. The Director shall keep a record of 

the names of any persons who made comments and of the issues raised during the process for public participation.

 9. If construction will occur in one phase, a Class II operating permit or the revision of a Class II operating permit for a 

new or modified stationary source expires if construction is not commenced within 18 months after the date of issuance thereof 
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or construction of the facility is delayed for 18 months or more after the construction begins. The Director may extend the date 

on which the construction may be commenced upon a showing that the extension is justified.

 10. If construction will occur in more than one phase, the projected date of commencement of construction of each phase 

must be approved by the Director. A Class II operating permit or the revision of a Class II operating permit for a new or 

modified stationary source expires if the initial phase of construction is not commenced within 18 months after the projected 

date of the commencement of construction approved by the Director. The Director may extend only the date on which the 

initial phase of construction may be commenced upon a showing that the extension is justified.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R151-06, 9-18-2006; 

R142-07, 4-17-2008; R006-11, 10-26-2011)

445B.346 Required contents of permit. In addition to the conditions set forth in NAC 445B.315, Class II operating permits must 

contain, as applicable:

 1. Emission limitations and standards, including those operational requirements and limitations that ensure compliance 

with the conditions of the operating permit.

 2. All requirements for monitoring, testing and reporting that apply to the stationary source.

 3. A requirement that the owner or operator of the stationary source promptly report any deviations from any requirements 

of the operating permit.

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner or 

operator of the stationary source in his application and approved by the Director. Such terms and conditions must require the 

owner or operator to keep a contemporaneous log of changes from one alternative operating scenario to another.

 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or NAC 

445B.001 to 445B.3689, inclusive, at the time the operating permit is issued, including:

 (a) Semiannual progress reports and a schedule of dates for achieving milestones;

 (b) Prior notice of and explanations for missed deadlines; and

 (c) Any preventive or corrective measures taken.

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

NAC 445B.317)

77FR59321

9/27/2012

445B.3465 Application for revision. 

 1. The owner or operator of a stationary source with a Class II operating permit may request, on an application form 

provided by the Director, a revision of the operating permit to allow for a modification to the stationary source.

 2. An application for a revision of a Class II operating permit must include:

 (a) The name and address of the owner or operator of the stationary source;

 (b) The location of the stationary source;

 (c) A description of:

 (1) The existing emission units undergoing the modification and the applicable control systems; and

77FR59321

9/27/2012
B-95

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 (2) The proposed modification to such emission units;

 (d) The emission rates from the existing emission units of each regulated air pollutant to which a standard applies which 

exist at the time of the application before the modification and which would exist after the modification takes place;

 (e) A description of any proposed new emission units and applicable control systems;

 (f) The potential to emit of the proposed new emission units for each regulated air pollutant to which a standard applies;

 (g) A description of the procedures and methods used to determine the emission rates;

 (h) A discussion of all applicable requirements to which the new or modified operations will be subject;

 (i) An explanation of any proposed exemption from any applicable requirement;

 (j) An environmental evaluation conducted in accordance with NAC 445B.308, 445B.310, 445B.311 and 445B.3135; and

 (k) Any other information that the Director determines is necessary to process the application and issue a Class II operating 

permit pursuant to NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R105-97, eff. 3-5-98; A by R103-02, 12-17-2002; R096-05, 10-31-2005)

445B.3473

(Superseded 

445.713)

Renewal of permit. 

 1. All Class II operating permits must be renewed 5 years after the date of issuance.

 2. A complete application for renewal of a Class II operating permit must be submitted to the Director on the form 

provided by the Director with the appropriate fee at least 70 days before the expiration date of the current Class II operating 

permit.

 3. An application for the renewal of a Class II operating permit must comply with all requirements for the issuance of an 

initial Class II operating permit as specified in NAC 445B.3457.

 4. If an application for the renewal of a Class II operating permit is submitted in accordance with subsection 2, the 

stationary source may continue to operate under the conditions of the existing Class II operating permit until the permit is 

renewed or the application for renewal is denied. If such an application is not submitted in accordance with subsection 2, the 

stationary source may be required to cease operation when the Class II operating permit expires and may not recommence the 

operation until the Class II operating permit is renewed.

 5. If an application for the renewal of a Class II operating permit is not submitted in accordance with subsection 2:

 (a) The stationary source may be required to cease operation when the Class II operating permit expires; and 

 (b) The owner or operator of the stationary source:

 (1) Must apply for the issuance of a new Class II operating permit pursuant to NAC 445B.3453; and

 (2) May not recommence the operation until the new Class II operating permit is issued.

 6. The fee for the issuance of a new Class II operating permit or the renewal of a Class II operating permit is specified in 

NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R191-08, 12-17-

2008)

77FR59321

9/27/2012

445B.3477 Class II general permit. 77FR59321
B-96

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

(Superseded 

445.707(3)-

(5);

445.713)

 1. The Director may issue a Class II general permit covering numerous similar stationary sources.

 2. Before issuing a Class II general permit, the proposed conditions for the Class II general permit must be made public 

and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, 

Nevada 89701-5249, for 30 days to enable public participation and comment. The Director shall: 

 (a) Cause to be published a notice in one or more newspapers of general circulation in the area in which the Class II general

operating permit is applicable;

 (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in 

writing to be included on the list;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public; and

 (d) Establish a 30-day period for public participation.

 3. The notice required pursuant to subsection 2 must include, without limitation:

 (a) The name and address of the state agency processing the Class II general permit;

 (b) The name, address and telephone number of a representative from the state agency that is processing the Class II 

general permit from whom interested persons may obtain additional information, including copies of:

 (1) The proposed conditions for the Class II general permit;

 (2) All relevant supporting materials; and

 (3) All other materials which are available to the state agency that is processing the Class II general permit and which 

are relevant to the determination of the issuance of the Class II general permit;

 (c) A description of the proposed Class II general permit and a summary of the emissions involved;

 (d) The date by which comments must be submitted to the Director;

 (e) A summary of the impact of the proposed Class II general permit on the quality of the air;

 (f) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable; 

and

 (g) A brief description of the procedures for public participation and the time and place of any hearing that may be held, 

including a statement of the procedures to request a hearing.

 4. All comments concerning the proposed Class II general permit for which notice to the public is required to be provided 

pursuant to this section must be submitted in writing to the Director within the time specified in the notice. The Director shall 

give notice of any public hearing scheduled pursuant to this section at least 30 days before the 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.

 5. The Director may issue the Class II general permit after considering:

 (a) Written comments from the public;

 (b) The comments made during public hearings concerning the proposed Class II general permit;

 (c) Information submitted by proponents of the Class II general permit; and

 (d) The effect of the Class II general permit on the maintenance of the state and national ambient air quality standards 

9/27/2012
B-97

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

contained in NAC 445B.22097 and the applicable state implementation plan.

 6. A Class II general permit must set forth the criteria by which stationary sources may qualify for the Class II general 

permit.

 7. After the effective date of a Class II general permit, the owner or operator of any stationary source that meets the criteria 

set forth in the Class II general permit may request authority to operate under the Class II general permit. The request must be 

in writing and must include all the information required by the Class II general permit.

 8. The Director shall grant or deny authority to operate under a Class II general permit within 30 days after his receipt of a 

request for such authority. The Director’s decision to grant or deny an application for authority to operate under the terms of a 

Class II general permit is not subject to the requirements of NAC 445B.3457.

 9. A person may challenge the provisions of a Class II general permit only at the time the Class II general permit is issued. 

The Director’s grant or denial of authority to operate under a Class II general permit to a stationary source or stationary 

sources does not provide an opportunity for an administrative review or a judicial review of the Class II general permit.

 10. The Director shall not grant authority to operate under a Class II general permit to an affected source.

 11. The term of a Class II general permit is 5 years. 

 12. The authority to operate under a Class II general permit expires after 5 years. An owner or operator of a stationary 

source operating under the authority of a Class II general permit shall apply to renew his authority to operate under the Class II 

general permit at least 30 days before his authorization expires.

 13. A stationary source which obtains authorization to operate under a Class II general permit but is later determined not to 

qualify under the conditions of the Class II general permit may be subject to an action enforcing the prohibition against 

operating without a permit.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; R142-07, 4-17-2008)

Class III Operating Permits

445B.3485 Application: General requirements.

 1. If a stationary source operating under a Class II operating permit meets the requirements for a Class III source, the 

owner or operator of the stationary source may submit an application with the appropriate fee and obtain a Class III operating 

permit for the stationary source.

 2. If a new stationary source meets the requirements for a Class III source, the owner or operator of the new stationary 

source may submit an application with the appropriate fee and obtain a Class III operating permit for the new stationary 

source. An operating permit must be obtained before commencing construction on a new stationary source.

 3. An owner or operator of a proposed modification to a stationary source that meets the requirements for a Class III 

source may submit an application with the appropriate fee and obtain a revised Class III operating permit for the proposed 

modification to the stationary source. Such an owner or operator shall not commence construction of the proposed 

modification to the stationary source before filing an application for and obtaining a revised Class III operating permit.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R103-02, 12-17-2002; R151-06, 9-18-

77FR59321

9/27/2012
B-98

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

2006)

445B.3487

(Superseded 

445.707(3), 

(5) and (6))

Action by Director on application; expiration of permit.

 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of receipt of an 

application for a Class III operating permit or for the revision of a Class III operating permit, the Director shall determine if 

the application is complete. If substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not required, the Director shall 

determine the application to be complete. Unless the Director determines that the application is incomplete within 10 working 

days after the date of receipt of the application, the official date of submittal of the application shall be deemed to be the date 

on which the Director determines that the application is complete or 11 working days after the date of receipt, whichever is 

earlier. The Director shall issue or deny a Class III operating permit or the revision of a Class III operating permit within 30 

days after the official date of submittal of the application.

 2. If, after the official date of submittal, the Director discovers that additional information is required to act on the 

application, the Director may request additional information necessary to determine whether the proposed operation will 

comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in writing 

any additional information that the Director requests within the time specified in the request of the Director. Any delay in the 

submittal of the requested information will result in a corresponding delay in the action of the Director on the application 

submitted to the Director.

 3. If construction will occur in one phase, a Class III operating permit or the revision of a Class III operating permit for a 

new or modified stationary source expires if construction is not commenced within 18 months after the date of issuance thereof 

or construction of the facility is delayed for 18 months or more after the construction begins. The Director may extend the date 

on which the construction may be commenced upon a showing that the extension is justified.

 4. If construction will occur in more than one phase, the projected date of commencement of construction of each phase 

must be approved by the Director. A Class III operating permit or the revision of a Class III operating permit for a new or 

modified stationary source expires if the initial phase of construction is not commenced within 18 months after the projected

date of the commencement of construction approved by the Director. The Director may extend only the date on which the 

initial phase of construction may be commenced upon a showing that the extension is justified.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006)

77FR59321

9/27/2012

445B.3489 Required contents of permit. In addition to the conditions set forth in NAC 445B.315, Class III operating permits must 

contain, as applicable:

 1. Emission limitations and standards, including those operational requirements and limitations that ensure compliance 

with the conditions of the Class III operating permit.

 2. All requirements for monitoring, testing and reporting that apply to the stationary source.

 3. A requirement that the owner or operator of the stationary source promptly report any deviations from any requirements 

of the Class III operating permit.

77FR59321

9/27/2012
B-99

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner or 

operator of the stationary source in his application and approved by the Director. Such terms and conditions must require the

owner or operator to keep a contemporaneous log of changes from one alternative operating scenario to another.

 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or NAC 

445B.001 to 445B.3689, inclusive, at the time the Class III operating permit is issued, including:

 (a) Semiannual progress reports and a schedule of dates for achieving milestones;

 (b) Prior notice of and explanations for missed deadlines; and

 (c) Any preventive or corrective measures taken.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006)

445B.3493 Application for revision. 

 1. The owner or operator of a stationary source with a Class III operating permit may apply, on a form provided by the 

Director, for a revision of the operating permit.

 2. An application for a revision of a Class III operating permit for a stationary source must include:

 (a) The name and address of the owner or operator of the stationary source;

 (b) The location of the stationary source;

 (c) A description of:

 (1) The existing emission units undergoing modification and the applicable control systems; and

 (2) The proposed modifications to those emission units;

 (d) A description of any proposed new emission units and applicable control systems;

 (e) The potential to emit for each proposed new and existing emission unit for each regulated air pollutant to which a 

standard applies; and

 (f) Any other information that the Director determines is necessary to process the application and issue a revised Class III 

operating permit in accordance with NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001)—(Substituted in revision for NAC 445B.348)

77FR59321

9/27/2012

445B.3497

(Superseded 

445.713)

Renewal of permit.

 1. All Class III operating permits must be renewed 5 years after the date of issuance.

 2. A complete application for renewal of a Class III operating permit must be submitted to the Director on the form 

provided by the Director with the appropriate fee at least 40 days before the expiration date of the current permit for the Class 

III source.

 3. An application for the renewal of a Class III operating permit must comply with all requirements for the issuance of an 

initial Class III operating permit as specified in NAC 445B.3487.

 4. If an application for the renewal of a Class III operating permit is submitted in accordance with subsection 2, the 

stationary source may continue to operate under the conditions of the existing Class III operating permit until the permit is

renewed or the application for the renewal of the Class III operating permit is denied. If an application is not submitted in 

77FR59321

9/27/2012
B-100

Approved Reference: State Implementation Plan

Text of Regulations and Articles: 

Cite: 40 

CFR

52.1490

and or FR2

Article # NAC #

accordance with subsection 2, the stationary source may be required to cease operation when the Class III operating permit 

expires and may not recommence the operation until the Class III operating permit is renewed.

 5. If an application for the renewal of a Class III operating permit is not submitted in accordance with subsection 2:

 (a) The stationary source may be required to cease operation when the Class III operating permit expires; and 

 (b) The owner or operator of the stationary source:

(1) Must apply for the issuance of a new Class III operating permit pursuant to NAC 445B.3485; and

(2) May not recommence the operation until the new Class III operating permit is issued.

 6. The fee for the issuance of a new Class III operating permit or the renewal of a Class III operating permit is specified in 

NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R191-08, 12-17-

2008)