ENCLOSURE 2 

September 15, 2009 

State of Nevada 

Current Approved Applicable State Implementation Plan1

Through and including 4/16/08 Final FR Actions 

January 28, 1972 - September 15, 2009 

CONTENTS 

445B.001 Definitions. 

445.431 Acid Mist Defined. 

445B.002 Act Defined. 

445B.004 Administrator Defined. 

445B.005 Affected Facility Defined. 

445B.006 Affected Source Defined. 

445B.009 Air-Conditioning Equipment Defined. 

445.436 Air Contaminant Defined. 

445B.011 Air Pollution Defined. 

445B.015 Alternative Method Defined. 

445B.018 Ambient Air Defined. 

445B.022 Atmosphere Defined. 

445.445 Barite Defined. 

445.447 Barite Grinding Mill Defined. 

445B.030 British Thermal Units Defined. 

445.458 Calcine Defined. 

445.464 Coal Defined. 

445.470 Colemanite Defined. 

445.471 Colemanite Processing Plant Defined. 

445B.042 Combustible Refuse Defined 

Art. 1.36 Commenced. With respect to the definition of “new source” in section 112(a)(2) of the act... 

445B.0425 Commission Defined. 

Art. 1.42 Construction. Fabrication, erection, or installation of an affected facility. 

Art. 1.43 Contiguous property. 

445B.047 Continuous Monitoring System Defined. 

445.482 Converter Defined. 

445B.051 Day Defined. 

445B.053 Director Defined. 

445.492 Dryer Defined. 

445B.055 Effective Date of the Program Defined. 

Art. 1.60 Effective date. 

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. 

Art. 1.72 Existing Facility. 

 

1 This is the ASIP to the best of NDEP’s knowledge; it may vary somewhat from the U.S. EPA version. A proposed 

updated/replacement ASIP was submitted to EPA on February 16, 2005 with revisions on January 12, 2006, December 8, 

2006, June 26, 2007 and August 20, 2007. This “Current” ASIP incorporates all of EPA’s final actions on NDEP’s 

submittals through April 16, 2008: the 3/27/06, 12/11/06, 4/20/07, 5/8/07, 4/9/08 and 4/16/08 FR actions and the 1/3, 5/8, 

6/13, 11/2/07and 4/16/08 rescissions. 
Art. 1.73 Existing Source. 

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.084 Hazardous Air Pollutant Defined. 

445B.086 Incinerator Defined. 

445.536 Lead Defined. 

445B.091 Local Air Pollution Control Agency Defined. 

Art. 1.92 Lowest achievable emission rate. 

Art. 1.104 Major stationary source. 

445B.095 Malfunction Defined. 

445B.097 Maximum Allowable Throughput Defined. 

Art.1.109 Modification. 

445B.103 Monitoring Device Defined. 

445B.106 Multiple-Chamber Incinerator Defined. 

Art. 1.114 New source. 

445B.109 Nitrogen Oxides Defined. 

445B.112 Nonattainment Area Defined. 

445B.113 Nonroad Engine Defined. 

445B.1135 Nonroad Vehicle Defined. 

445B.116 Odor Defined. 

445B.119 One-Hour Period Defined. 

445B.121 Opacity Defined. 

445B.122 Open Burning Defined. 

445.559 Operating Permit 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.135 PM (10) Defined. 

Art. 1.131 Point source. 

445.570 Portland Cement Plant Defined. 

445.574 Precious Metal Defined. 

445.575 Precious Metal processing Plant Defined. 

445B.144 Process Equipment Defined. 

445B.145 Process Weight Defined. 

445.585 Process Weight Rate Defined. 

445B.151 Reference Conditions Defined. 

445B.152 Reference Method Defined. 

445.592 Registration Certificate Defined. 

445B.153 Regulated Air Pollutant 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. 

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445B.174 Smoke Defined. 

445B.176 Solid Waste Defined. 

445B.177 Source Defined. 

445B.180 Stack and Chimney Defined. 

445B.182 Standard Defined. 

445B.185 Start-up Defined. 

Art. 1.187 Stationary source. 

445.190 Stop Order Defined. 

445.633 Submerged Fill Pipe Defined. 

445B.198 Uncombined Water Defined. 

445.649 Violation Defined. 

445B.202 Volatile Organic Compound Defined. 

445B.205 Waste Defined. 

445B.207 Wet Garbage Defined. 

445B.209 Year Defined. 

445B.211 Abbreviations. 

445B.220 Severability. 

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. 

Art.2.11.7 Judicial review. 

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.

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.

445.694 Emission discharge information. 

445B.275 Violations: Acts constituting; notice. 

445B.277 Stop orders. 

445.704 Registration certificates and operating permits required. 

445.705 Exemptions. 

445.706 Application date; payment of fees. 

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

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

Art.3.1.6 Application forms for requesting the issuance of either a registration certificate or an operating 

permit can be obtained from the Director 

445.713 Operating permits: Renewal. 

445.714 Operating permits: Replacement of lost or damaged permits. 

445.715 Operating permits: Revocation. 

445.716 Operating permits: Change of location. 

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

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4

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

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

445.729 Process weight rate for calculating emission rates. 

445.730 Colemanite flotation processing plants. 

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 

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. 

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

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 . . . 

445.808 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 . . . 

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.22097 Standards of quality for ambient air. 

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. 13.1.4 The Director may impose any reasonable conditions on his approval, including . . . 

Art. 13.1.5 Where a proposed source located on contiguous property is constructed or modified . . . 

Art. 13.1.6 Approval and issuance of a registration certificate to any source construction or . . . 

Art. 13.1.7 Any source or proposed facility shall, upon written application to the Director, receive . . . 

Art. 13.3 The following new single sources or modifications to an existing single source . . . 

Art. 13.3.1 Any single source which can cause, allow or permit the emission of an air . . . 

Art. 13.3.2 Any combination of single sources located at a single premise which can cause, . . . 

Art. 13.3.3 Any single source, upon written notice from the Director. 

Art. 13.4 Environmental Evaluation: 

Art. 13.4.1 The environmental evaluation required for new or modified single as determined . . . 

Art. 13.4.1.1 An environmental evaluation shall be a careful and detailed assessment of the . . . 

Art. 13.4.1.2 An environmental evaluation shall contain adequate environmental safeguards . . .
1

State of Nevada 

Current Approved Applicable State Implementation Plan

Through and including 4/16/08 Final FR Actions 

January 28, 1972 - September 15, 2009 

Last Revised August 5, 2009 

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

445B.001 (Supersedes 445.430) 

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

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

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

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, 

R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R189-05, 5-4-200606, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007)

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] 

445B.002 “Act” defined. “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended. (Supersedes 445.432) 

 [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in revision for N445.432) 

445B.004 “Administrator” defined. “Administrator” means the Administrator of the United States Environmental Pr(Supersedes Agency or the Administrator’s representative or delegate. 445.433) [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—(Substituted in r

for NAC 445.433) 

445B.005 “Affected facility” defined. “Affected facility” means, with reference to a stationary or temporary source, a(Supersedes apparatus to which a standard is applicable. 445.434) [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95) 

2 This is the ASIP to the best of NDEP’s knowledge; it may vary somewhat from the U.S. EPA version. A proposed updated/replacemen

EPA on February 16, 2005 with revisions on January 12, 2006, December 8, 2006, June 26, 2007 and August 20, 2007. This “Current

EPA’s final actions on NDEP’s submittals through April 16, 2008: the 3/27/06, 12/11/06, 4/20/07, 5/8/07, 4/9/08 and 4/16/08 FR action11/2/07and 4/16/08 rescissions. 
2

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

445B.006 “Affected source” defined. “Affected source” means a stationary source subject to the requirements relatin

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

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

445B.009 “Air-conditioning equipment” defined. “Air-conditioning equipment” means equipment utilized to heat or (Supersedes interior of a building or structure. 445B.435) [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) 

445.436 "Air contaminant" defined. 

"Air contaminant" means any substance discharged into the atmosphere except water vapor and water droplet [Environmental Comm'n, Air Quality Reg. 1.2, eff. 11-7-75; renumbered as 1.5, 12-4-76; A 8-28-79] 

445B.011 “Air pollution” defined. “Air pollution” has the meaning ascribed to it in NRS 445B.115. (Supersedes 445.437) 

 [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-2(NAC A by R105-97, 3-5-98) 

445B.015(Supersedes 445.439) 

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

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

445B.018 “Ambient air” defined. “Ambient air” means that portion of the atmosphere which is external to buildings, (Supersedes structures, facilities or installations to which the public has access. 445.441) [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79]—

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

445B.022 “Atmosphere” defined. “Atmosphere” means all the air surrounding the earth and external to buildings and (Supersedes structures. 445.444) [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renu

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

445.445 "Barite" defined.

"Barite" means a naturally occurring sulfate of barium, BaS04, which is transparent to opaque and is whitish  [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] 

445B.030 “British thermal units” defined. “British thermal units (Btu)” means that quantity of heat required to raise 

temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a constant, absolut

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

(Supersedes 445.457) 

 [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76]—(N
3

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

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] 

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] 

445.470 "Colemanite" defined.

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

which is normally white or colorless. 

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

445.471 "Colemanite processing plant" defined. 

"Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the procalcined or uncalcined concentrate. Treating may consist of crushing, screening, grinding, transferring, storin

calcining as required and loading. 

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

445B.042 “Combustible refuse” defined. “Combustible refuse” means any waste material which can be consumed by (Supersedes combustion. 445.472) [Environmental Comm’n, Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35, 12-4-76]—(Substit

revision for NAC 445.472) 

1.36 Commenced. With respect to the definition of “new source” in section 111(a)(2) of the Act, that an owner or 

has undertaken a continuous program of construction or modification or that an owner or operator has entered contractual obligation to undertake and complete, within a reasonable time, a continuous program of construcmodification. 

445B.0425 “Commission” defined. “Commission” has the meaning ascribed to it in NRS 445B.120. (Supersedes Article1.38) 

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

1.42 Construction. Fabrication, erection, or installation of an affected facility. 1.43 Contiguous property. Any property under single or joint ownership or operatorship which is in physical cont

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

445B.047 “Continuous monitoring system” defined. “Continuous monitoring system” means the equipment required 

monitoring emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permrecord of emissions or process parameters. 

(Supersedes 445.480) 
4

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

445.482 "Converter" defined. 

 "Converter" means any vessel in which lead concentrate or bullion is charged and refined.  [Environmental Comm'n, Air Quality Reg. 1.46, eff. 12-4-76] 

445B.051 “Day” defined. “Day” means a 24-hour period which begins at midnight. (Supersedes 445.486) 

 [Environmental Comm’n, Air Quality Reg. § 1.51, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revNAC 445.486) 

445B.053 “Director” defined. “Director” means the Director of the State Department of Conservation and Natural Re

his designee or a person designated by or pursuant to a county or city ordinance or regional agreement or reguenforce local air pollution control ordinances and regulations. 

(Supersedes 445.488) 

 [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-7(Substituted in revision for NAC 445.488) 

445.492 "Dryer" defined. 

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

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

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

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

approves the program. 

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

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. 

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

beyond the control of the owner or operator, including an act of God, that requires immediate corrective actiorestore normal operation, and that causes the source to exceed an emission limitation contained in the operatinwhich is based on a specific type of technology. The term does not include the failure to comply with emissiolimitations because of the improper design of the source, the lack of preventative maintenance, the careless or 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 4

445B.058 “Emission” defined. (Supersedes 445.499) 

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which 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 
5

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

R105-97, 3-5-98) 

445B.059 “Emission unit” defined. “Emission unit” means a part of a stationary source which emits or has the potenti(Supersedes any regulated air pollutant. 445.500) [Environmental Comm’n, Air Quality Reg. § 1.57.5, eff. 10-16-80]—(NAC A 10-22-87; 3-29-94, eff. 11-

30-95) 

445B.060 “Enforceable” defined. “Enforceable” means enforceable under federal, state or local law. 

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

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) 

445B.062(Supersedes 445.501) 

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

pollutant which has been demonstrated to the director’s satisfaction to have a consistent and quantitativrelationship to the reference method under specified conditions. 

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

445B.063(Supersedes 445.504) 

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

limitation prescribed by NAC 445B.001 to 445B.3791, inclusive, or that is contained in an operating permit. 

averaging time and test procedures for determining excess emissions must be as specified in the relevant condconditions of the operating permit, except that this does not preclude the use, including the exclusive use, of acredible evidence or information relevant to the determination of whether a source would have been in complthe applicable requirements if the appropriate performance or compliance test or procedure had been performdetermine excess emissions. 

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

2005)

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

in this part, and the construction or modification of which was commenced before the date of proposal of that or any apparatus which could be altered in such a way as to be of that type. 

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

or in operation on the effective date of these regulations; except that any existing equipment, machine, devicecontrivance, or facility which is altered, replaced, or rebuilt which increases the total emission after the effectthese regulations shall be reclassified as a “new source”. 

445.512 "Floating roof" defined. 

 "Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal fcover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained and equipped with a seal or seals to close the space between the edge of the roof and wall of the tank. 
6

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

445.513 "Fossil fuel" defined. 

 "Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from sumaterials for the purpose of creating useful heat.  [Environmental Comm'n, Air Quality Reg. 1.79, eff. 12-4-76] 

445B.072 “Fuel” defined. “Fuel” means any form of combustible matter, solid, liquid, vapor or gas which is used to g(Supersedes energy. 445.516) [Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 12-4-76]—(NAC A 

87)—(Substituted in revision for NAC 445.516) 

445B.073 “Fuel-burning equipment” defined. “Fuel-burning equipment” means: (Supersedes 445.517) 

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

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]—

9-19-90)—(Substituted in revision for NAC 445.517) 

445B.075 “Fugitive dust” defined. “Fugitive dust” means emissions of solid, airborne particulate matter which could (Supersedes reasonably pass through a stack, chimney, vent or a functionally equivalent opening. Article1.86) [Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76; A and ren

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

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

fugitive dust, which could not reasonably pass through a stack, chimney, vent or a functionally equivalent op

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

445B.080 “Garbage” defined. “Garbage” means putrescible animal or vegetable refuse. (Supersedes 445.525) 

 [Environmental Comm’n, Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89, 12-4-76]—(Substit

revision for NAC 445.525) 

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

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

445B.086 “Incinerator” defined. “Incinerator” means an engineered apparatus capable of withstanding heat and desi

efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which the residues conor no combustible material. 

(Superseded 445.533) 

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

revision for NAC 445.533) 

445.536 "Lead" defined. 
7

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

 "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] 

445B.091 “Local air pollution control agency” defined. “Local air pollution control agency” means any city, county (Superseded air pollution control agency approved by the Commission. 445.537) [Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 12-4-76; A and re

as § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537) 

1.92 “Lowest achievable emission rate” means the emission rate for any source for which an environmental evalua

be prepared which reflects: 

a. The most stringent emission rate in the approve implementation plan of any state for any class or cor source, unless the owner or operator of the source demonstrates that such an emission limitation iachievable; or b. The most stringent emission limitation which is achieved in practice by such class or category or swhichever is more stringent so long as it is not less stringent than the emission rate allowed by any aemission standard established in these regulations. 

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

and which contains one or a combination of the following: 

1. affected facilities; 2. existing facilities; 3. facilities of the type for which no new source performance standards have been promulgated Arti

445B.095 “Malfunction” defined. “Malfunction” means any sudden and unavoidable failure of air pollution control e

or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment bare not considered malfunctions. 

(Superseded 445.542) 

 [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) 

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 hou 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 sectio

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) 

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

amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted. 

445B.103 “Monitoring device” defined. “Monitoring device” means the total equipment used to measure and record 
8

Approved Reference: Article # NAC # 

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Text of Regulations and Articles: 

(Superseded 445.548) 

and process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.0445B.601, inclusive, or as a condition of an operating permit.  [Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-11-96)—(Substituted in revision for NAC 445.548) 

445B.106 “Multiple-chamber incinerator” defined. “Multiple-chamber incinerator” means any article, machine, equ

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

more refractory lined combustion furnaces in series, physically separated by refractory walls and interconnecpassage ports or ducts and employing adequate design parameters necessary for maximum combustion of the to be burned. 

(Superseded 445.549) 

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

revision for NAC 445.549) 

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

effective date of these regulations. 

4454B.109 “Nitrogen oxides” defined. “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measur(Superseded methods approved by the EPA. 445.552) [Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94)—(Su

in revision for NAC 445.552) 

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 determthe Administrator to be reliable, to exceed any national standard of ambient air quality for the regulated air po 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-

445B.113 “Nonroad engine” defined. “Nonroad engine” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that sec

existed on December 31, 1997. 

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

445B.1135 “Nonroad vehicle” defined. “Nonroad vehicle” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that se

existed on December 31, 1997. 

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

445B.116 “Odor” defined. “Odor” means a characteristic of a regulated air pollutant which makes it perceptible to the (Superseded smell. 445.555) [Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 12-4-76]—(NAC 

95) 

445B.119 “One-hour period” defined. “One-hour period” means any 60-minute period. (Superseded [Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in re
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445.556) NAC 445.556) 

445B.121 “Opacity” defined. “Opacity” means the property of a substance tending to obscure vision and measured in 

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

(Superseded 445.557) 

 Opacity Ringelmann  (Percent) Number  20............................................................... 1  40.............................................................. 2  60.............................................................. 3  80.............................................................. 4  100.............................................................. 5  [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 12-4-76]—(Subst

revision for NAC 445.557) 

445B.122 “Open burning” defined. “Open burning” means any fire from which the products of combustion are emitte(Superseded atmosphere without passing through a stack or chimney. 445.558) [Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76]—(Substit

revision for NAC 445.558) 

445.559 "Operating permit" defined. 

 "Operating permit" means a document issued and signed by the director approving, with or without restrictiooperation of a new or existing single source of air contaminants.  [Environmental Comm'n, Air Quality Reg. 1.46, eff. 11-7-75; renumbered as 1.122, 12-4-76] 

445B.125 “Ore” defined. “Ore” means a natural combination of minerals from which a metal can be extracted. (Superseded 445.560) 

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted in revision for NAC 44

445B.127 “Owner or operator” defined. “Owner or operator” means any person who owns, leases, operates, controls (Superseded supervises an affected facility or a stationary source of which an affected facility is a part. 445.561) [Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.5445B.129 “Particulate matter” defined. “Particulate matter” means any material except uncombined water that exists (Superseded finely divided form as a liquid or solid at reference conditions. 445B.562) [Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 12-4-76]—(Subst

revision for NAC 445.562) 

445B.130 “Pathological wastes” defined. “Pathological wastes” means human and animal remains consisting of carca
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Approved Reference: Article # NAC # 

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Text of Regulations and Articles: 

(Superseded 445.563) 

organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar stationary s [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC 95) 

445B.134(Superseded 445.564) 

NAC 445B.134 “Person” defined. “Person” has the meaning ascribed to it in NRS 0.039 and includ

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 R151-06, 9-18-2006) 

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] 

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

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

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

which there is ambient air standard, or without regard to amount of emission, stationary sources such as those 40 CFR 51, Appendix C. 

445.570 "Portland cement plant" defined. 

(proposed) "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] 

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] 

445.575 "Precious metal processing plant" defined. 

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

445B.144 “Process equipment” defined. “Process equipment” means any equipment used for storing, handling, transp

processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445inclusive, as fuel-burning equipment or incinerators. 

(Superseded 445.581) 

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

revision for NAC 445.581) 

445B.145 “Process weight” defined. “Process weight” means the total weight of all materials introduced into an emiss(Superseded including solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of c
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445.584) of the fuel. 

 [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and reas § 1.140, 8-28-79]—(NAC A 10-30-95) 

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 continuoperation 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 coperation or an integral number of cycles divided by the number of hours of actual process operation during speriod.  3. Where the nature of any process or operation or the design of any equipment is such as to permit more thainterpretation of this section, the interpretation that results in the minimum value of allowable emission applie [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] 

445B.151 “Reference conditions” defined. “Reference conditions” means that all measurements of ambient air quality 

corrected to a reference temperature of 77°F (25°C) and to a reference pressure of 29.92 inches (760 millimet

1,013.2 millibars) of mercury. 

(Superseded 445.589) 

 [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A renumbered as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.589) 

445B.152 “Reference method” defined. “Reference method” means any method of sampling and analyzing for a regu(Superseded pollutant as described in Appendix A of 40 C.F.R. § 60. 445.590) [Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—

10-30-95) 

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 445.707 445.711, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with 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 renumb1.147, 8-28-79] 

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 identif
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Text of Regulations and Articles: 

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

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

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 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 or more of the sulfur contained in the charge.  [Environmental Comm'n, Air Quality Reg. 1.156-1.157, eff. 12-4-76] 

445B.161 “Run” defined. “Run” means the net period of time during which an emission sample is collected. Unless ot(Superseded specified, a run may be either intermittent or continuous within the limits of good engineering practice. 445.599) [Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision for NAC 445.5445B.163 “Salvage operation” defined. “Salvage operation” means any operation conducted in whole or in part for th(Superseded salvaging or reclaiming of any product or material. 445.601) [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 12-4-76]—(Subs

revision for NAC 445.601) 

445B.167 “Shutdown” defined. “Shutdown” means the cessation of operation of an affected facility for any purpose. 

(Superseded Article 1.166) 

 [Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision for NAC 445.6

445B.168 “Single-chamber incinerator” defined. “Single-chamber incinerator” means an incinerator with one chamb

serves for ignition, combustion and ash removal of a design approved by the Division of Environmental Protethe State Department of Conservation and Natural Resources. 

(Superseded 445.612) 

 [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and renumbered as § 1.979]—(Substituted in revision for NAC 445.612) 

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

replaced by a single process that performs the same function. Two or more pieces of equipment or processes handle different materials or produce dissimilar products will be treated separately. 

445B.172(Superseded 

“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 445.6
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445.617) 445.618 "Slag" defined. 

 "Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metaore.  [Environmental Comm'n, Air Quality Reg. 1.176, eff. 12-4-76] 

445B.174 “Smoke” defined. “Smoke” means small particles consisting predominantly, but not exclusively, of carbon(Superseded other combustible material, resulting from incomplete combustion. 445.621) [Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 12-4-76]—(Subst

revision for NAC 445.621) 

445B.176 “Solid waste” defined. “Solid waste” means refuse, more than 50 percent of which is municipal type waste 

of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such as glass and rock. 

(Superseded 445.622) 

 [Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.6

445B.177 “Source” defined. “Source” has the meaning ascribed to it in NRS 445B.155. 

(Superseded Article 1.181) 

 [Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 12-4-76]—(NAC 95) 

45B.180 “Stack” and “chimney” defined. “Stack” or “chimney” means any flue, conduit or duct which conducts a r

(Superseded air pollutant to the atmosphere. 445.624) [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 12-4-76]—(NAC 

82; 3-29-94, eff. 11-15-94; 10-30-95) 

445B.182 “Standard” defined. “Standard” means a standard of performance that is proposed or promulgated by the 

(Superseded Administrator or the Director pursuant to NAC 445B.001 to 445B.735, inclusive. Article 1.185) [Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-9

445B.185 “Start-up” defined. “Start-up” means the setting in operation of an affected facility for any purpose. (Superseded 445.627) 

 [Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.6

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

contains any one or combination of the following; 

1. affected facilities; 2. existing facilities; 3. facilities of the type for which no standards have been promulgated. 

445B.190(Superseded 445.630) 

 “Stop order” defined. “Stop order” means a written notice by the Director served on a person or persons resuch persons to cease the activity that the Director, pursuant to NAC 445B.277, has determined is in violation 

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

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

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 cthe 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 subwhen 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] 

445B.198 “Uncombined water” defined. “Uncombined water” means visible mist or condensed water vapor. (Superseded 445.647) 

 [Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 12-4-76; A and reas § 1.200, 8-28-79]—(Substituted in revision for NAC 445.647) 

445.649 "Violation" defined. 

 "Violation" means any incident of excess emissions, regardless of the circumstances of the occurrence.  [Environmental Comm'n, Air Quality Reg. 1.203, eff. 8-28-79] 

445B.202(Superseded 445.650) 

“Volatile organic compounds” defined. “Volatile organic compounds” has the meaning ascribed to it in 4

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 reas § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.650) 

445B.205 “Waste” defined. “Waste” means useless, unneeded, or superfluous matter or discarded or excess material. (Superseded 445.651) 

 [Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 12-4-76; A and reas § 1.205, 8-28-79]—(Substituted in revision for NAC 445.651) 

445B.207 “Wet garbage” defined. “Wet garbage” means a combination of waste and garbage which contains more th(Superseded percent moisture. 445.653) [Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 12-4-76; A and re

as § 1.207, 8-28-79]—(Substituted in revision for NAC 445.653) 

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) 

445B.211 Abbreviations. The abbreviations used in NAC 445B.001 to 445B.3497, inclusive, have the following mean(Partially supersedes 445.655; revisions to this section 

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

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

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

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

 °F..................................................................... degree Fahrenheit 
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will be finalized when EPA has completed all action on NDEP’s ASIP update submittal) 

 Hg..................................................................... mercury  H2S................................................................... hydrogen sulfide 

 lb...................................................................... pound  NO................................................................... nitric oxide  NOx................................................................. nitrogen oxides  O2..................................................................... oxygen 

 ppm.................................................................. parts per million  SO2................................................................... sulfur dioxide 

 VOC................................................................. volatile organic compound  [Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as § 1.209, 8-28-79]—10-15-85; R105-97, 3-5-98; R040-01, 10-25-2001; R125-04, 9-24-2004) 

445B.220(Superseded 445.660) 

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

person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provistheir 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; R189-052006; R154-06, 11-13-2006, eff. 1-1-2007) 

445B.225 Prohibited conduct: Concealment of emissions. No person may install, construct or use any device which (Superseded any emission without reducing the total release of regulated air pollutants to the atmosphere. 445.663) [Environmental Comm’n, Air Quality Reg. § 2.2.1, eff. 11-7-75]—(NAC A 10-22-87; 10-30-95) 445B.227(Superseded445.664) 

Prohibited conduct: Operation of source without required equipment; removal or modification of equipment; modification of required procedure. Except as otherwise provided in NAC 445B.001 to 4

inclusive, no person may: 

 1. Operate a stationary source of air pollution unless the control equipment for air pollution which is rapplicable 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 proceduby 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 

2.11.7 Judicial review may be had of the granting or denial of a variance as provided in [Chapter 445 of the] Nevada 

Standards. 

NOTE: Added back into ASIP after conversation with Jeff Wehling 7/2/2009. 

445B.229 Hazardous emissions: Order for reduction or discontinuance. Without limiting the authority of any state 

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 regul

(Superseded 445.665) 
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pollutants is causing a danger to human health or safety, may order persons causing or contributing to the air 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) 

445B.230(Superseded 445.666) 

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

 1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric tons) or more per yeregulated 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 iapplicable state implementation plan.  2. Any person required to have an operating permit who is able to cause or permit the emission of less thtons (90.7 metric tons) per year of a regulated air pollutant shall, upon written notice from the Director, prepasubmit to the Director a plan for reducing or eliminating that emission in accordance with the episode stages 

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 persons who are within the same classification of sources as defined in the Standard Industrial Classification adopted by reference in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tonmetric 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 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-

R151-06, 9-18-2006) 

445.667 NOTE: This provision was approved for rescission by EPA 12/18/06 (71FR75690 re excess emissions), but not finalized. 

 Excess emissions: Scheduled maintenance; testing; malfunctions.  1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissioncontaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated 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 scheduled maintenance or repairs which may result in excess emissions of air contaminants prohibited by NA445.430 to 445.846, inclusive.  3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, 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 malfunctibreakdown, upset, startup or human error sufficient information to enable the director to determine the seriouthe 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 emlimitation and the operating data and methods used in estimating the magnitude of the excess emissions. 
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 (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 stor 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 minemissions.  [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

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 oshall not be considered a violation of these regulations. 

445B.250 NAC 445B.250 Notification of planned construction or reconstruction. Any owner or operator subject to (Superseded provisions of NAC 445B.001 to 4445B.3689, inclusive, shall furnish the Director written notification of: Art. 2.16.1) 1. The date that construction or reconstruction of an affected facility is commenced, postmarked no later t

days after such date. This requirement does not apply in the case of mass-produced facilities which are purch

completed form. 

 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60 days and no30 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 awith NAC 445B.256 to 445B.267, inclusive. Notification must be postmarked not less than 30 days before su [Environmental Comm’n, Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-1530-95; R105-97, 3-5-98; R096-05, 10-31-2005) 

445B.252 NAC 445B.252 [445.682] Testing and sampling. (Superseded 445.682) 

1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the approval or the continuoperating permit or similar class of permits, the director may either conduct or order the owner of any stationarconduct or have conducted such testing and sampling as the director determines necessary. Testing and sampling them must be conducted and the results submitted to the director within 60 days after achieving the maximproduction at which the affected facility will be operated, but not later than 180 days after initial start-up of the f

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 contained in each applicable subsection of this section unless the director: 
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(a) Specifies or approves, in specific cases, the use of a method of reference with minor changes in methodolo(d) Waives the requirement for tests of performance because the owner or operator of a stationary source has deby 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 pon representative performance of the affected facility. The owner or operator shall make available to the dirrecords as may be necessary to determine the conditions of the test of performance. Operations during periods shutdown and malfunction must not constitute representative conditions of a test of performance unless otherwisin the applicable standard. 4. The owner or operator of an affected facility shall give notice to the director 30 days before the test of perfoallow the director to have an observer present. A written testing procedure for the test of performance must be suthe director at least 30 days before the test of performance to allow the director to review the proposed testing p5. Each test of performance must consist of at least three separate runs using the applicable method for that tesmust be conducted for the time and under the conditions specified in the applicable standard. For the purpose of dcompliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstancethan three valid samples being obtained, compliance may be determined using the arithmetic mean of the results otwo 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 otheallied facilities as may be required and specified in writing by the director must be provided and paid for by the o

stationary source. 

8. All information and analytical results of testing and sampling must be certified as to their truth and accuractheir compliance with all provisions of these regulations, and copies of these results must be provided to the direc

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 method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of TitlCode 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 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. 12-4-7

(NAC A 10-15-85; 10-22-87; 10-30-95; R065-03, 10-30-2003) 

445B.256 (Superseded

Art.2.17.10 

and 

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

stationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutantin Appendix P for the applicable source category. Those stationary sources must meet the basic requirements Appendix P of 40 C.F.R. § 51(2.0 et seq.). 
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2.17.10.1 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 10-30-95) 

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 measof emissions or process parameters from the affected facility are obtained. Additional procedures for location continuous monitoring systems are contained in the applicable Performance Specifications of Appendix B of § 60.  [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in revision for 445.684) 

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 cperformance 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 manuwritten 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

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 times as may be required by the Director under § 114 of the Act, the owner or operator of any affected facility conduct continuous evaluations of the performance of monitoring systems and furnish the Director within 60 thereof two or upon request more copies of a written report of the results of such tests. These evaluations musconducted 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 mevaluated in accordance with the requirements and procedures contained in the applicable performance specifAppendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring:  (a) Opacity of emissions must comply with Performance Specification 1.  (b) Nitrogen oxides emissions must comply with Performance Specification 2.  (c) Sulfur dioxide emissions must comply with Performance Specification 2.  (d) The oxygen and carbon dioxide content of effluent gases must comply with Performance Specificatio [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-1

445B.260 (Superseded 

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, 
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445.687) into a binding contractual obligation to purchase specific continuous monitoring system components shall com

the following requirements: 

 (a) Continuous monitoring systems for measuring opacity of emissions must be capable of measurinconfidence level of 95 percent, emission levels within ±20 percent of the mean value of the data obtained usinapplicable reference method set forth in terms of the units of the emission standard. The calibration drift test associated calculation procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 6used for demonstrating compliance with this specification.  (b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be cameasuring , with a confidence level of 95 percent, emission levels within ±20 percent of the mean value of th

obtained using the applicable reference method set forth in terms of the units of the emission standard. The cadrift test, the relative accuracy test and associated operating and calculation procedures set forth in Performan

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

 2. Owners or operators of all continuous monitoring systems installed on an affected facility before Octo1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the D 3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessnew continuous monitoring systems, and such improved systems must be demonstrated to comply with applicperformance 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 

9-18-2006) 

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 once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturecommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero must, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the app

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 revisNAC 445.688) 

445B.262 (Superseded 445.689) NOTE: NAC 445B.262 was given a limited 

Monitoring systems: Measurement of opacity.

 1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to teffluent gases must be cleaned before performing the zero or span drift adjustments, except that for systems uautomatic zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compenexceeds 4 percent opacity. Unless otherwise approved by the director, the following procedures, as applicablefollowed:  (a) For extractive continuous monitoring systems measuring gases, minimum procedures must include intapplicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and 

gases certified by their manufacturer to be traceable to National Institute of Standards and Technology referen
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approval/limited disapproval and EPA recommends that Nevada revise the deficient provisions to exclude the Director’s discretion conditions. 

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, szero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NO

O2 and CO2, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaran

the manufacturer. 

 (b) For nonextractive continuous monitoring systems measuring gases, minimum procedures include upscchecks using a certified calibration gas cell or test cell which is functionally equivalent to a known gas conceThe zero check may be performed by computing the zero value from upscale measurements or by mechanicalproducing a zero condition.  (c) For continuous monitoring systems measuring opacity of emissions, minimum procedures include a mproducing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutrafilter or other related technique to produce a known obscuration of the light beam. These procedures must prosystem check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and phot

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 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 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) 

445B.263 (Superseded 445.690) 

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

and span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous oand 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 emissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for esuccessive 10-second period.  2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, suldioxide, carbon dioxide or oxygen must complete a minimum of one cycle of operation (sampling, analyzing recording) for each successive 15-minute period.  3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a minone 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 

445.690) 
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445B.264 (Superseded 445.691) 

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

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

 2. For systems other than opacity, 1-hour averages must be computed from four or more data points equaover each 1-hour period.  3. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjmust not be included in the data averages computed under this section. An arithmetic or integrated average of calibrated data must be used. The data output of all continuous monitoring systems may be recorded in reducnonreduced form, e.g., ppm pollutant and percent O2 or lb/million Btu of pollutant. 

 4. All excess emissions must be converted into units of the standard using the applicable conversion procspecified in NAC 445B.001 to 445B.3497, inclusive. After conversion into units of the standard, the data may rounded to the same number of significant digits used in those sections to specify the applicable standard, e.gto the nearest 1 percent opacity.  5. As used in this section, “calibrated data” means data which is precise and accurate within a stated accecriteria for the instrument.  [Environmental Comm’n, Air Quality Reg. § 2.17.8, eff. 12-4-76]—(NAC A 10-22-87; R118-00, 9-

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 the occurrence and duration of any start-up, shutdown or malfunction in the operation of an affected facilimalfunction of the air pollution control equipment or any periods during which a continuous monitoring monitoring device is inoperative.  2. Each owner or operator required to install a continuous monitoring system shall submit a written reporemissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day foend 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, inclconversion factors used, and the date and time of commencement and completion of each time period of excess  (b) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns and mof the affected facility.  (c) The nature and cause of any malfunction, if known, the corrective action taken or preventative measure (d) Specific identification of each period during which the continuous monitoring system was inoperative, zero and span checks, and the nature of any repairs or adjustments that were made. ¬When no excess emissions have occurred and the continuous monitoring system has not been inoperative, 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 

measurements, including: 

 (a) Continuous monitoring systems, monitoring devices and performance testing measurements; 
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 (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 inspection. ¬The file must be retained for at least 2 years following the date of the measurements, maintenance, reports an [Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 7-2-84)—(Subrevision for NAC 445.692) 

445B.267 (Superseded 445.693) NOTE: NAC 445B.267 was given a limited approval/limited disapproval and EPA recommends that Nevada revise the deficient provisions to exclude the Director’s discretion conditions. 

Alternative monitoring procedures or requirements.

 1. Upon written application by an owner or operator, the director may approve alternatives to any monitoprocedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but not limited to, the follow (a) Alternative monitoring requirements when installation of a continuous monitoring system or monitorinspecified by those sections would not provide accurate measurements due to liquid water or other interferencby 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 addimeasurements to correct for stack moisture conditions.  (d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owoperator can demonstrate that installation at alternate locations will enable accurate and representative measu (e) Alternative methods of converting regulated air pollutant concentration measurements to units of the s (f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of spor test cells.  (g) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedspecified 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 conrelationship 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 affected facility.  (i) Alternative monitoring requirements when the effluent from a single affected facility or the combined 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 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 Federal Regulations; or 
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 (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(NAC A 10-30-95; R065-03, 10-30-2003) 

445.694 Emission discharge information. 

Emission discharge information, as correlated to mass emission rates or ambient air quality regulations relateregistration certificates and operating permits, will be maintained by the director as public information at 201 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] 

 445B.275 

(Superseded445.696) 

Violations: Acts constituting; notice. 1. Failure to comply with any requirement of NAC 445B.001 to 445B.3791, inclusive, any applicable req

or any condition of an operating permit constitutes a violation. As required by NRS 445B.450, the Director sh

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 apthe Director;  (c) Failure to construct or operate a stationary source in accordance with any condition of an operating per (d) Commencing construction or modification of a stationary source without applying for and receiving an permit or a modification of an operating permit as required by NAC 445B.001 to 445B.3497, inclusive, or a m

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 certificcontained 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 

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 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 

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) 

445B.277 Stop orders. (Superseded 445.697) 

 1. The Director shall issue a stop order if:  (a) The proposed construction, installation, alterations or establishment will not be in accordance with the of the plans, specifications and other design material required to be submitted as part of the application for an permit and 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 station

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 vio
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any of the provisions of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any condition 

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 issuance of the stop order no longer exist. If the Director finds that the reasons for the issuance of the stop ordlonger exist, he shall withdraw the order promptly. If the Director finds that the reasons for the issuance of thorder still exist, or that other reasons exist for continuing a stop order in effect, he shall, within 24 hours, servwritten 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-

10-30-95; R189-05, 5-4-2006) 

445.704 Registration certificates and operating permits required. 

 1. Unless exempted under NAC 445.705:  (a) A registration certificate and an operating permit are required for all new sources.  (b) An existing single source requires only an operating permit.  2. Registration certificates and operating permits for single sources may be issued through an approved locapollution control program.  3. Registration certificates and operating permits are nontransferable as to location, owner or equipment. A replacement registration certificate or operating permit may be issued with the identical conditions upon chanownership or name of source for the effective time remaining on the original certificate or permit by filing a rreplacement with the director on the application form provided by him accompanied by the appropriate fee.  [Environmental Comm'n, Air Quality Reg. 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; 3.1.9, eff. 11-7-75; A 12-4

445.705 Exemptions. 

 The following existing and new single sources do not require either registration certificates or operating perm 1. Air-conditioning equipment or fuel-burning equipment having a rating of less than 4,000,000 Btu's (1,000kg-cal) per hour.  2. Motor vehicles, special mobile equipment and internal combustion engines.  3. Residential and commercial housekeeping vacuum systems.  4. Incinerators with less than 25 lb (11 kg) per hour rated burning capacity.  5. Agricultural land use.  6. Storage containers for gasoline, petroleum distillate or other volatile organic compounds having a capacitthan 40,000 gallons (150 kiloliters).  7. Equipment or contrivances used exclusively for the processing of food for human consumption.  8. Disturbing topsoil of less than 20 acres (8 hectares).  9. Process weight rates of less than 50 lb (23 kg) per hour.  [Environmental Comm'n, Air Quality Reg. 3.1.8, eff. 11-7-75] 
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445.706 Application date; payment of fees. 

 1. A United States registered or certified postmark date establishes the official date of all applications for regcertificates and operating permits. [Environmental Comm'n, Air Quality Reg. 3.1.4 & 3.1.7, eff. 11-7-75] 

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

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

must be obtained before the commencement of construction or alteration of any single source of air contamin 2. Requests for the issuance of a registration certificate or the replacement of a lost or damaged registration with the appropriate fee must be submitted to the director on the application form provided by him. The fee finitial registration certificate, its replacement, or renewal is $10.  3. Within 5 working days after receiving an application for registration the director shall determine if any adinformation is needed. Within 15 days after receiving adequate information the director shall make a prelimindetermination to issue or deny a registration certificate. The director shall give preliminary notice of his intenor deny a registration certificate for a single source within 15 days after receiving adequate information for rethe registration application.  4. The application, the director's review and preliminary intent to issue or deny must be made public and maon file with the director during normal business hours at 201 South Fall Street, Carson City, Nevada, and in thquality region where the source is located at a site specified in a prominent advertisement by the director for 3enable public participation and comment. All comments on the director's review and preliminary intent for isdenial must be submitted in writing to the director within 30 days after the public announcement.  5. Within 75 days after receiving adequate information, pursuant to NAC 445.708 to 445.711, inclusive, the shall issue or deny a registration certificate. The director shall make his decision by taking into account writtcomments on the director's review and preliminary intent for issuance or denial, project proponent submittal aeffect of such a facility on the maintenance of the ambient air quality standards contained in NAC 445.843 ancontrol strategy contained in the air quality plan.  6. A registration certificate only expires if construction of a new or modified source is not commenced withifrom the date of issuance thereof or construction of the facility is delayed for 1 year after initiated.  [Environmental Comm'n, Air Quality Reg. 3.2.1, eff. 11-7-75; A 12-4-76; 3.2.2, eff. 11-7-75; A 12-15-77; 8

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

8-28-79] 

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

 1. A separate operating permit is required for each new or existing single source. Possession of a valid regicertificate is a prerequisite to obtaining the initial operating permit for a new source.  2. Application for the issuance of an initial operating permit must be submitted in writing to the director on tform provided by him and with the appropriate fee prior to the date of the proposed initial operation of the sofee for each initial operating permit is $50. 
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 3. An operating permit must be granted if the director finds from a stack emission test or other appropriate teother relevant information that use of the source will not result in any violation of the air quality regulations oC.F.R. Parts 60 and 61, New Source Performance Standards and National Emission Standards for Hazardous Pollutants.  4. A denial of an application for an operating permit must be accompanied by a statement of the reasons ther

if the director has relied in his decision upon information not contained in the application, the statement of reaidentify and state the substance of such information. 

 5. Operating permits must be posted conspicuously at or near the single source.  [Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.2, 3.4.3, 3.4.5 ~ 3.4.6, eff. 11-7-75; 3.4.7, eff. 1

8-28-79] 

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

from the Director 

445.713 Operating permits: Renewal. 

 1. Operating permits must be renewed 5 years after the date of issuance.  2. Requests for the renewal of an operating permit must be submitted, in writing, to the director with the appfee at least 30 calendar days prior to the expiration date of the current permit.  3. The fee for each renewed operating permit is $50.  [Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.4 & 3.4.8, eff. 11-7-75] 

445.714 Operating permits: Replacement of lost or damaged permits. 

 1. Requests for the replacement of a lost or damaged operating permit must be made, in writing, to the directhe appropriate fee within 30 calendar days after the date of its loss or destruction.  2. The fee for the replacement of a lost or damaged operating permit is $10.  [Environmental Comm'n, Air Quality Reg. 3.4.9 & 3.4.12, eff. 11-7-75] 

445.715 Operating permits: Revocation. 

 1. An operating permit may be revoked if the control equipment is not operating.  2. An operating permit may be revoked by the director upon determining that there has been a violation of N445.430 to 445.846, inclusive, or 40 C.F.R. Parts 60 or 61, New Source Performance Standards and National Standards for Hazardous Air Pollutants.  3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit surrendered immediately unless a hearing is requested.  4. The fee for reissuing an operating permit that has been revoked or allowed to expire is $100.  [Environmental Comm'n, Air Quality Reg. 3.4.10, eff. 11-7-75; A 8-28-79; 3.4.13 & 3.4.14, eff. 11-7-75] 

445.716 Operating permits: Change of location. 

 Requests for change of location must be made in writing to the director with a $2 fee for each operating perm30 calendar days prior to the operation of the source at the new location. The source must not be operated at location until the director approves of the location. 
28

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

 [Environmental Comm'n, Air Quality Reg. 3.4.11, eff. 11-7-75; A 12-15-77] 

445B.22017 Visible emissions: Maximum opacity; determination and monitoring of opacity.

(Superseded445.721) 

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

discharge into the atmosphere from any emission unit which is of an opacity equal to or greater than 20 perceOpacity 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 MethAppendix 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 reduminute 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 

uncombined water. The burden of proof to establish the application of this exemption is upon the person seekcome 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 muallowed one 6-minute period per hour of not more than 27 percent opacity as set forth in 40 C.F.R. § 60.42(a)C.F.R. § 60.42a(b).  4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained owner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inc

 [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

10-30-95; R118-00, 9-25-2000; R036-05, 10-31-2005, eff. 4-1-2006) 

NAC445B.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

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 achioperating 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 renum4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; 

4-26-2004, eff. 3-1-2006; R036-05, 10-31-2005, eff. 4-1-2006) 

NAC445B.22027 

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

of NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allemission 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; 12R105-97, 3-5-98)—(Substituted in revision for NAC 445B.360) 

445.729 Process weight rate for calculating emission rates. 
29

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

 (b) For a storage bin for ore or an ore product, a maximum of 0.55 pounds (0.25 kilogram) per hour as calcu E = 0.01 x 10-3 P (0.02P).  (c) For a dryer and calciner, a maximum of 10.50 pounds (4.75 kilograms) per hour as calculated by:  E = 0.31 x 10-3 P (0.62P).  2. For the purposes of subsection 1:  (a) "E" means the maximum emission rate allowed in pounds (kilograms) per hour.  (b) "P" means the process weight rate in tons (kilograms) per hour.  [Environmental Comm'n, Air Quality Reg. 7.2.8.1-7.2.8.3, eff. 11-17-78] 

NAC445B.2203 (Superseded445.731) 

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-bu

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 Btu’s per hour, the allowable emission is 0.6 of a pound per million Btu’s of input of heat.  (b) For maximum input of heat greater than 10 million Btu’s per hour, but less than 4,000 million Btu’s pthe 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 bcalculated 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; renumbere
30

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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 revis

NAC 445B.362) 

45B.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.22037inclusive, shall not cause or permit PM10 to be discharged from any emission unit into the atmosphere in exce

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 weigdischarged 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 allowabdischarged per hour must be determined by using the following equation: 

E = 55P0.11 - 40 

 4. For the purposes of subsections 2 and 3:  (a) “E” means the maximum rate of emission in pounds per hour.  (b) “P” means the maximum allowable throughput in tons per hour.  [Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 19-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363) 

445B.22037(Superseded445.734) 

Emissions of particulate matter: Fugitive dust.

 1. No person may cause or permit the handling, transporting or storing of any material in a manner whicor 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 thpractical methods to prevent particulate matter from becoming airborne. As used in this subsection, “best pracmethods” includes, but is not limited to, paving, chemical stabilization, watering, phased construction and rev

 3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land topsoil until he has obtained an operating permit for surface area disturbance to clear, excavate, or level the ladeposit 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 wnot 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
31

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

Milchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weight determineuse 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. 

445B.2204 “Sulfur emission” defined. For purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” m

sulfur portion of the sulfur compounds emitted. (Superseded 

445.742) [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) 

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

(Superseded 445.743) 

NAC 445B.2204 to 445B.2205, inc

total feed sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose of combustion and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinteroasters, converters, or other similar devices are used for converting ores, concentrates, residues, or slag to th

the oxide of the metal either wholly or in part, the combined sulfur input of all units must be used to determinallowable emission. 

 [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(NAC A by R125-04, 9-24-2004) 

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

(Superseded Article 8.2, 8.2.1, 8.2.1.1 and 8.2.1.2) 

 1. No person may cause or permit the emission of compounds of sulfur caused by the combustion of 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 allowemission 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 houallowable emission of sulfur must be calculated by the use of the following equations: 

Liquid fuel Y = 0.4X Solid fuel Y = 0.6X 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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 

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, 12-4renumbered 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

95; R105-97, 3-5-98; R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373) 

Y= 

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 ma

being processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the 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 sconcentration 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 process

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 compouexempt from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the provisions 

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; 12-26-993; 10-30-95; 5-3-96; R105-97, 3-5-98; R125-04, 9-24-2004) 

445B.22067 Open burning. 

(Superseded Article 5.1, 5.2, 5.2.1, 

 1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, excepspecifically exempted, is prohibited.  2. Open burning: 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

5.2.2, 5.2.3, 5.2.4, 5.2.5 and 5.3) 

 (a) For the purpose of weed abatement, conservation, disease control, game or forest management, personntraining 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  (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in by the Director.  (c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or re (d) Is allowed at single-family residences located in all areas of the State except in and within 1 mile of thboundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, FalFernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile oCarson City line.  (e) Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, LoveloMcGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of CCity 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, 4-15-20

445B.2207 Incinerator burning. (Superseded 445.754) 

 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 iopacity 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 high temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auheating unit to ensure temperatures of 1400°F (760°C) for not less than 0.3 of a second. The hearth must be frcleaned 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 pconspicuously at or near the incinerator.  4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may 

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 
34

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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 pe

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 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 HeightWinnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that a1 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

eff. 11-7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004) 

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 systedesigned to vary with atmospheric conditions, for the purpose of meeting the requirements of an order issued to § 113(d) or 119 which relates to primary nonferrous smelters in the Act, he may not temporarily reduce thany of his employees because of his use of that system. [Environmental Comm'n, Air Quality Reg. 14.1, eff. 8-17-81] 

16.3.3 Standard for Opacity 16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which exhibit greater tha

percent opacity. 

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 

the provision of Article 16.3 shall cause to be discharged into the atmosphere from any affect facility other thand clinker cooler any gases which exhibit 10% opacity or greater. 

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

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 Ba59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric tcrude barite processed.  (b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, HuRiver 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 bprocessed. 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

 (2) For secondary crushing or screening of barite ore, 0.035 pounds per short ton (0.0175 kilograms per mof barite ore processed.  (c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, HumbolBasin, 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 proc (2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispen 3. No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a grinding mill.  4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production hours of operation of the mill and shall comply with all requirements for notification and recordkeeping in NA445.660 to 445.700 inclusive.  5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference MetC.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-

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 crushin

screening, grinding, handling, transferring, concentrating, refining and storing any precious metals or preciou

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, BNorth Fork area:  (1) For crushing, screening, grinding, handling and transferring any precious metal or precious metal orelb/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 ton).  3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity frsingle 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 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.

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, 

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, 4-18-8A 7-29-82; 10-19-83] 

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

produced by burning of fossil fuels. 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

 1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major modification to aplant or construct a new plant to generate electricity using steam produced by the burning of fossil fuels withi (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 thprovisions 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 reunit 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 areference in NAC 445B.221.  (Added to NAC by Environmental Comm’n, eff. 9-4-92; A 3-29-94; R096-05, 10-31-2005)

445B.2209 Reduction of animal matter. (Superseded 445.845) 

 1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prounless 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 prof food for human consumption.  [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for N445B.394) 

445B.22093

(Superseded445.846 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 mprocessed, stored, used and transported in such a manner and by such means as to minimize the tendency to eleak, escape or be otherwise discharged into the ambient air causing or contributing to air pollution. If methodcontrol are available and feasible effectively to reduce the contribution to air pollution from evaporation, leakdischarge, as determined by the Director, the installation and use of such methods, devices or equipment for cmandatory.  2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capato or greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compouhaving 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 suffictimes to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following devices prope
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Text of Regulations and Articles: 

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 

contents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon vapor dome designed in accordance with accepted standards of the petroleum industry. This control equipmenpermitted if the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/smeter) or greater under actual conditions. All gauging and sampling devices for tanks must be gastight except 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 conemissions.  4. All facilities for dock loading of products consisting of petroleum or other volatile organic compounds vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have 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, 10-31-200

445B.22097 Standards of quality for ambient air. 

(Superseded 445.843) 

 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

METHODD PRIMARYC,

E

SECONDARYC, F

Ozone 1 hour 0.12 ppm 

(235 μg/m3) 

Ultraviolet absorption 

0.12 ppm (235 μg/m3) 

Same as primary 

Ozone-Lake Tahoe Basin, #90 

1 hour 0.10 ppm 

(195 μg/m3) 

Ultraviolet absorption 

-- -- 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

At or greater than 5,000′

above mean sea level 

6 ppm (7,000 μg/m3) 

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 chemiluminescence 

0.053 ppm (100 μg/m3) 

Same as primary 

Annual arithmetic mean 

0.030 ppm (80 μg/m3) 

0.030 ppm 

24 hours 0.14 ppm 

(365 μg/m3) 0.14 ppm 

None 

Sulfur dioxide 

3 hours 0.5 ppm 

(1,300 μg/m3) 

Ultraviolet Fluorescence None 0.5 ppm

Annual arithmetic mean 

50 μg/m3 50 μg/m3 Particulate matter 

as PM10

24 hours 150 μg/m3

High volume PM10

sampling 150 μg/m3

Same as primary 

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 

Hydrogen sulfide 

1 hour 0.08 ppm 

(112 μg/m3)G

Ultraviolet Fluorescence -- -- 

Notes: 
39

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

Note A: The Director shall use the Nevada standards in considering whether to issue a permit for a stationary and shall ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where general public has access. Note B: These standards, other than for ozone, particulate matter, and those based on annual averages, must nexceeded more than once per year. The 1-hour ozone standard is attained when the expected number of days calendar year with a maximum hourly average concentration above the standard is equal to or less than one. T

24-hour standard is attained when the expected number of days per calendar year with a 24-hour average conabove the standard, rounded to the nearest 10 μg/m3, is equal to or less than one. The expected number of day

calendar year is generally based on an average of the number of times the standard has been exceeded per yealast 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 measurementquality that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to reference temperature of 25°C and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this tato parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “μg/m3” refers to mi

per cubic meter. 

Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference method or equmethod 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, the public health. Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from 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 backgrounconcentrations.  2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in section to protect the existing quality of Nevada’s air to the extent that it is economically and technically feas [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4

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; 

10-30-95; R103-02, 12-17-2002; R198-03, 4-26-2004) 

13.1 General Provisions for the Review of New Sources 13.1.1 Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit 

Director an 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: 

1. The environmental evaluation submitted by the application shows or if the Director determines, in ac
40

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

with the provisions of this Article, that the point source: 

a. Will prevent the attainment and maintenance of the State or national ambient air quality stab. Will cause a violation of the applicable control strategy contained in the approved Air Qual

Implementation Plan; or 

c. Will cause a violation of 40 CFR Parts 60 and 61, New Source Performance Standards and 

Emission Standards for Hazardous Air Pollutants; 

2. The source is located in any designated nonattainment area and: 

a. The lowest achievable emission rate for each nonattainment pollutant from the source is no

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 i

compliance or on a schedule of compliance with these regulations and all other applicable 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 

area, (2) those sources in the area which have received their respective registration certific(3) the proposed source will not be sufficiently less, by the time the proposed source is to operation, than the total emissions from (1) the existing sources and (2) those sources in thwhich have received their respective registration certificates before the proposed source mapplication 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. 

13.1.4 The Director may impose any reasonable conditions on his approval, including conditions requiring the sourc

or operator to conduct ambient air quality monitoring at the facility site for a reasonable period to commencemconstruction or modification, and for any specified period after the source has commenced operation. 

13.1.5 Where a proposed source located on contiguous property is constructed or modified in increments which indi

are not subject to review as provided in this Article, as such increments occurring since the effective date of tshall be added together for determining the applicability of this Article. 

13.1.6 Approval and issuance of a registration certificate to any source construction or modification shall not affect 

responsibilities of the owner or owners to comply with any other portion of the control strategy 

13.1.7 Any source or proposed facility shall, upon written application to the Director, receive within thirty (30) days 

notice of his determination, either requiring the submittal of an environmental evaluation or exempting the sosuch requirement. 

Articles 13.2 - 13.2.9 were removed in March 2003 pursuant to (c)(16)(viii) of §52.1470 which requires that all references to complex sour

13.1.2, 13.2, 13.2.1-13.5.3.

13.3 The following new single sources or modifications to an existing single source which would cause increases 

existing single sources as specified below shall submit an evaluation with their application(s) for registration: 
41

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

13.3.1 Any single source which can cause, allow or permit the emission of an air contaminant of greater than 23 kilo

pounds) per hour. 

13.3.2 Any combination of single sources located at a single premise which can cause, allow or permit the emission 

contaminant of greater than 23 kilograms (50 pounds) per hour 

13.3.3 Any single source, upon written notice from the Director. 13.4 Environmental Evaluation: 13.4.1 3-03: ref to 

complex sources removed 

The environmental evaluation required for new or modified single as determined by this Article or as required Director, shall include the following: 

13.4.1.1 An environmental evaluation shall be a careful and detailed assessment of the environmental aspects of a prop

action. 

13.4.1.2 An environmental evaluation shall contain adequate environmental safeguards to be implemented by the appl

provide for the maintenance of acceptable air quality and shall consider: 

a. Ambient air concentrations before, during and after construction, empirically calculated with recognized mapproved by the Director; or, in the case of existing ambient air concentrations, they may be measured with amethods at approved site locations for not less than one year. Estimates shall be empirically determined for aconcentration immediately contiguous to the facility and at the point of predicted maximum concentration wisurrounding region. b. Diffusion models used to determine the location and estimated value of highest air contaminant concentraticontain: 

1. Assumptions and premises. 2. Evaluation at the recorded most adverse meteorological conditions in the last 100 years. 3. Evaluation at the recorded most adverse meteorological conditions in the last year. 4. Geographic area considered in the evaluation. 5. Dispersion equations. 6. Predicted contaminant buildup. 7. Location, type and amount of emissions. 8. Meteorological information. 

c. Alternate proposals which could be implemented as conditions of approval. d. Other probable environmental effects, before, during and after construction shall be considered in the narraportion of the evaluation. 

Articles 13.5, 13.5.1-13.5.3 were removed in March 2003 pursuant to (c)(16)(viii) of §52.1470, which requires that all references to comple

13.1.1, 13.1.2, 13.2, 13.2.1-13.5.3. The 13.5s were exceptions to Article 13.2, which was also removed because it dealt only with complex