# APPENDIX B

State of Nevada Applicable State Implementation Plan
REGULATORY ELEMENTS: Air Pollution

### B

- 1



# State of Nevada Applicable State Implementation Plan 1



# REGULATORY ELEMENTS : Air Pollution

Through and including 9/27/2012 f inal FR a ctions
Jan uary 28, 1972

- September 27 , 2012
Last revised 11/01 /2012

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

Definitions

445B.001 Definitions.
445.431 Acid mist d efined.
445B.00 2 Act d efined.
4 45B.003 Adjacent p roperties d efined
445B.0035 Administrative r evision to a Class I operating pe rmit d efined.
445B.004 Administrator d efined.
445B.005 Affected facility d efined.
445B.006 Affected source d efined.
445B.007 Affected state d efin ed.
445B.009 Air

- conditioning equipment d efined.
445.436 Air contaminant d efined.
445B.011 Air pollution d efined.
445B.013 Allowable emissions d efined.
445B.014 Alteration d efined.
445B.015 Alternative method d efined.
445B.016 A lternative operating scena rios d efined.
445B.018 Ambient air d efined.
44 5B.019 Applicable requirements d efined.
445B.022 Atmosphere d efined.
445.445 Barite d efined.
445.447 Barite grinding mill d efined.
445B.029 Best available retrofit technology

. 445B.030 British thermal unit s d efined.
445.458 Calcine d efined.
445B.035 Class I

- B application d efined.
445B.036 Class I source d efined.
445B.037 Class II source d efined.
445B.038 Cl ass III source d efined.
445.464 Coal d efined.
445.470 Colemanite d efined.
445.471 Colemanite pr ocessing plant d efined.
445B.042 Combustible refuse d efined
445B.0423 Commence d efin ed.
445B.0425 Commission d efined.
445B.044 Construction d efined.

1 This includes the regulatory elements of the Nevada ASIP applicable to the NDEP’s jurisdiction to the best of the NDEP’s knowledge; it may vary somewhat from the U.S. EPA version. A proposed updated/replacement ASIP was submitted to EPA on February 16, 2005 with revisions on January 12, 2006, December 8, 2006, June 26, 2007, August 20, 2007

, January 24, 2011

, November 9, 2011 and May 21, 2012 . This “Current” ASIP incorporates all of EPA’s final actions on NDEP’s submittals through September 27, 2012: the 3/27/06, 12/11/06, 4/20/07, 5/8/07, 4/9/08, 4/16/08 , 3/26/12 and 9/27/2012 FR actions and the 1/3, 5/8, 6/13, 11/2/07and 4/16/08 rescissions.

### B

- 2

445B.046 Contiguous pr operty d efined
445B.047 Continuous monitoring system d efined.
445.482 Converter d efi ned.
445B .051 Day d efined.
445B.053 Director d efined.
445B.054 Dispersion technique d efined.
445.492 Dryer d efined.
Art. 1.60 Effective date.
445B.055 Eff

ective date of the program d efined.
445B.056 Emergency d efined.
445B.058 Emission d efined.
445B.059 Emission unit d efined.
445B.060 Enforceable d efined.
445B.061 EPA d efined.
445B.062 Equivalent method d efined.
445B.063 Excess emissions d efined.
445B.064 E xcessive concentration d efined.
Art. 1.73 Existing s ource. 445B. 066 Existing stationary source d ef ined.
445B.068 Facility d efined.
445B.069 Federally e nforceable d efined.
445B.070 Feder ally enforceable emissions cap d efined.
445.512 Floating roof d efined.
445.513 Fossil fuel d efined.
445B.072 Fuel d efined.
445B.073 Fuel

- burning equipment d efined.
445 B.075 Fugitive dust d efined.
445B.077 Fugitive emissions d efined.
445B.080 Garbage d efined.
445B.082 General permit d efined.
445B.083 Good engineering p ractice stack height d efined.
44 5B.084 Hazardous air pollutant d efined.
445B.086 Incinerator d efined.
445B.087 Increment d efined
445.536 Lead d efined.
445B.091 Local air pollution control agency d efined.
Art. 1

- Definitions: No. 2

- LAER

Lowest achievable emission rate.
445B.093 Major modification d efined.
445B.094 Major source d efined.
445B.0945 Major sta tionary source d efined.
445B.095 Malfunction d efined.
445B.097 Maximum allowable throughput d efined.
445B.099 Modification d efined.
445B.103 Monitoring device d efined.
445B.104 Motor vehicle d efined.
445B.106 Multiple

- chamber incinerator d efined.
445B.10 7 Nearby defined.
Art. 1.114 New source.
445B.108 New stationary source d efined.
445B.109 Nitrogen oxides d efined.
445B.112 Nonattainment area d efined.
445B.113 Nonroad engine d efined.
445B.1135 Nonroad vehicle d efined.
445B.116 Odor d efined.

### B

- 3

445B.117 Of

fset d efined.
445B.119 One

- hour period d efined.
445B.121 Opacity d efined.
445B.122 Open burning d efined.
445B.123 Operating permit d efined.
445B.124 Ope rating permit to construct d efined.
445B.125 Ore d efined.
445B.127 Owner or operator d efined.
445B.129 Particulate matter d efined.
445B.130 Pathological wastes d efined.
445B.134 Person d efined.
445.565 Petroleum d efined.
445B.1345 Plantwide applicability limitation d efined.
445B.135 PM (10) d efined.
Art. 1.131 Point source.
445.570 Portland cement plant d efined.
445B.138 Potential to emit d efined.
445.574 Precious metal d efined.
445.575 Precious metal processing plant d efined.
445B.142 Prevention of significan t deterioration of air quality d efined.
445B.144 Process equipment d efined.
445B.145 Process weight d efined.
445.585 Process weight rate d efined.
445B.147 Program d efined.
445B.151 Reference conditions d efined.
445B.152 Reference method d efined.
445.592 Registration certificate d efined.
44 5B.153 Regulated air pollutant d efined.
445B.154 Renewal of an operating permit d efined.
445B.156 Responsible official d efined.
445B.157 R evision of an operating permit d efined.
445.597 Roaster d efined.
445 B.161 Run d efined.
445B.163 Salvage operation d efined.
445B.167 Shutdown d efined.
445B.168 Single

- chamb er incinerator d efined.
Art. 1.171 Single source.
445B.172 Six

- minute period d efined.
445.618 Slag d efined.
445B.174 Smoke d efined.
445B.176 Solid w a ste d efined.
445B.177 Source d efined.
445 B.179 Special mobile equipment d efined.
445B.180 Stack and chim ney d efined.
445B.182 Standard d efined.
445B.185 Start

- up d efined.
445B.187 Stationary source d efined.
445 B.190 Stop order d efined.
445.633 Submerge d fill pipe d efined.
445B.194 Temporary source d efined.
445B.198 Uncombined water d efined.
445B.200 Viol ation d efined.
445B.202 Volatile organic compound d efined.
445B.205 Waste d efined.
445B.207 Wet garbage d efined.

### B

- 4

445B.209 Year d efined.
445B.211 Abbreviations.

General Provisions

445B.220 Severability.
445B.22017 Visible emissions: M aximum opacity; deter mination.
445B.2202 Visible emissions: E xceptions for stationary sources

. Art . 16.3.3 Standard for o pacity
Art. 16.3.3.2 No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which

exhibit greater than 10 percent opacity
Art . 16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed

. . . 445.729 Process weight rate for calculating emission rates.
445.730 Colemanite flotation processing plants.
445B.2202 7 Em issions of particulate matte r: M aximum allowable throughput for calculating emissions

rates. 445B.2203 Em issions of particulate matter: F uel

- burning equipment.
445B.22033 Em issions of particulate matter: S ources not otherwise limited.
445B.22037 Em issions of particulate matter: F ugit ive dust.
Art. 7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the

first barite grinding mill
445.808 1. This section applies to those systems of the facilities described in subsection 2 . . .
445.816 1. This section applies to those systems of the facilities described in subsection 2 . . .
Art. 8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds . . .
Art. 8.2.2 For purposes of Article 8, “sulfur emission” means . . .
445B.220 4 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 bu rning.
445B.22083 Construction, major modification or relocation of plants to generate electricity using steam

produced by burning of fossil fuels.
445B.2209 Reduction of animal matter.
445B.22093 Organic solvents and other volatile compounds.
445B.22095 E mission limitation for BART

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

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

. 225 Prohibited Conduct: Concealment of e missions

. 445B.227 Pr ohibited Conduct: Operation of s ource without required equipment; removal or

modification of required equipment; modification of required procedure.
445 B

. 229 Hazardous emissions: Order for reduction or discontinuance

. 445B.230 Plan for reduction of emissions.
445.667 Excess emissions: Sched uled maintenance; testing; malfunctions.
Art. 2.5 Scheduled maintenance, testing, and breakdown or u pset 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 consid ered a violation of these regulations.
445B.250 Notification of planned construction or reconstruction.
445 B

. 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.
44 5B.261 Monitoring systems: Adjustments.

### B

- 5

445B.262 Monitoring systems: Measurement of opacity.
445B.263 Monitoring systems: Frequency of operation.
445B.264 Monitoring systems: Recordation of data.
445B.265 Monitoring systems: Records; reports.
445B.267 Alt ernative monitoring procedures or requirements.
445 B

. 275 Violations: Acts constituting; notice.
445 B

. 277 Stop orders.
445.694 Emission discharge information.
445.699 Violations: Administrative fines.
445.764 Reduction of employees' pay because of use of system prohibited.

Operating Permits Generally

445B.287 Operating permits: General requirements; exception; restrictions on transfers.
445B.288 Operating permits: Exemptions from requirements; insignificant activities.
445B.295 Application: General requ irements.
445B.297 Application: Submission; certification; additional information.
445B.298 Application: Official date of submittal.
445B.305 Operating permits: Imposition of more stringent standards for emissions.
445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with

applicable state implementation plan.
Art. 13.1 General p rovisions for the review of new s ources. Art. 13.1.1 Prior to the issuance of any registration certificates in accordance with . . .
Art. 1 3.1.3 The Director shall not issue a registration certificate for any point source if: . . .
Art. 13. 2 The following new single sources or modifications to an existing single source . . .
Art. 13. 2 .1 Any single source which can cause, allow or permit the emission of an air . . .
Art. 13. 2 .2 Any combination of single sources located at a single premise which can cause, . . .
445B.310 Environmental evaluation: Applicable sources and other subjects; exemption

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

height.
445B.313 Method for determining maximum heat input: Class I sources.
445B.3135 Method for determining heat input: Class II sources.
445B.314 Method for determining heat input: Class III sources.
445B .31 5 Contents of operating permits: Exception for operating permits to construct; required

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

posting.
445B.319 Operating permits: Administrative amendm ent. 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and

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

Class I Operating Permits

445B.3361 General requirements.
445B.3363 Operating permit t o construct: Application.
445B.33637 Operating permit to construct for approval of plantwide applicability limitation:

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

and hearing.
445B.3365 Op erating permit to construct: Contents; noncompliance with conditions.
445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents;

noncompliance with conditions.
445B.3366 Expiration and extension of operating perm it to construct; expiration and renewal of

plantwide applicability limitation.

### B

- 6

445B.3368 Additional requirements for application; exception.
445B.3375 Class I

- B application: Filing requirement.
445B.3395 Action by Director on application; notice; public co mment and hearing; objection by

Administrator; expiration of permit.
445B.340 Prerequisites to issuance, revision or renewal of permit.
445B.342 Certain changes authorized without revision of permit; notification of authorized changes.
445B.3425 Minor revi sion of permit.
445B.344 Significant revision of permit.
445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.
445B.3443 Renewal of permit.
445B.3447 Class I general permit.

Class II Operating Permits

445B .3453 Application: General requirements.
445B.3457 Action by Director on application; notice; public comment and hearing; expiration of

permit.
445B.346 Required contents of permit.
445B.3465 Application for revision.
445B.3473 Renewal of permit.
445B.3477 Class II general permit.

Class III Operating Permits

445B.3485 Application: General requirements
445B.3487 Action by Director on application; expiration of permit.
445B.3489 Required contents of permit.
445B.3493 Application for revision.
445B.3497 Rene wal of permit.

### B

- 7

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

Definitions

445B.001 (Supersedes 445.430) Definitions. As used in NAC 445B.001 to 445B.3791 , inclusive, unless the context otherwise requires, the words and terms

defined in NAC 445B.002 to 445B.211 , inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A b y Environmental Comm’n, 12

- 5

- 84; 10

- 15

- 85; 8

- 22

- 86; 9

- 25

- 87; 10

- 22

- 87; 12

- 15

- 88; 12

- 8

- 89; 9

- 13

- 91; 12

- 26

- 91; 9

- 4

- 92; 10

- 29

- 93; 12

- 13

- 93; 3

- 29

- 94, eff. 11

- 15

- 94; R105

- 97, 3

- 5

- 98; R117

- 00, 6

- 1

- 2001; R040

- 01,
10

- 25

- 2001; R103

- 02, 12

- 17

- 2002; R125

- 04, 9

- 24

- 200 4; R096

- 05, 10

- 31

- 2005; R189

- 05, 5

- 4

- 2006; R162

- 06, 9

- 18

- 2006;
R154

- 06, 11

- 13

- 2006, eff. 1

- 1

- 2007) (c)(66 )(i)(A)(3 )
73FR 19144
4/09/2008

445.431 "Acid mist" defined.

"Acid mist" means sulfuric acid mist, as measured by Method 8 of 40 C.F.R. S 60, App endix A, or an equivalent or alternative method. [Environmental Comm'n, Air Quality Reg. 1.1, eff. 12

- 4

- 76; A 8

- 28

- 79] (c)(25)(i)(A)

49 FR 11626
3/27/ 19 84

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

[Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12

- 4

- 76; A 8

- 28

- 79]

— (Substituted in revision for NAC 445.432) (c)(56)(i)(A)
71FR15040
3/27/2006
445B. 003 “Adjacent properties” defined. “Adjacent properties” means parcels of l and that lie near each other or in close proximity.

(Added to NAC by Environmental Comm’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.4325) 77FR59321
9/27/ 20 12
445B.0035 “Administrative revision to a Class I operating permit” defined. “Admi nistrative revision to a Class I operating permit”

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

construct. (Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004 ) 77FR59321
9/27/ 20 12

445B.004 (Supersedes 445.433) “Administrator” defined. “Administrator” means the Administrator of the United States Environmental Protection Agency

or the Administrator’s representative or delegate. [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10

- 16

- 80]

— (NAC A 10

- 14

- 82)

— (Substituted in revision for NAC 445.433) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.005 (Supersedes 445.434) “Affected facility” defined. “Affected facility” means, with reference to a stationary or t emporary source, any apparatus to

which a standard is applicable. [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12

- 4

- 76; A 8

- 28

- 79]

— (NAC A 10

- 22

- 87; 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.006 “Affected source” defined. “Affected so urce” means a stationary source subject to the requirements relating to acid rain set (c)(56)(i)(A)

2 Effective March 13 , 2012 (77 FR 14862), EPA redesignated 40 CFR § 52.1470 as § 52.1490. Before this date, all of the CFR citations in this docu ment pointed to § 52.1470. The March 13, 2012 action reformatted the Nevada SIP recordation into table format. State regulations ap proved into the Nevada SIP after this date appear in a table maintained by EPA at 40 CFR § 52.1470(c). In this document, for further information on SIP revisions made a fter March 13, 2012, we provide the Federal Register notice citation.

### B

- 8

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

forth in 42 U.S.C. §§ 7651 to 7651o, inclusive. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R040

- 01, 10

- 25

- 2001) 71FR15 040
3/27/2006
445B.007 “Affected state” defined. “Affected state” means a state that is within 50 miles of a Class I source located in this State, or a

state that is contiguous to this State whose air quality may be affected by emissions from a Class I source located in this State. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94)

— (Substituted in revision for NAC 445.4346) 77FR59321
9/27/ 20 12

445B.009 (Supersedes 445B.435) “Air

- conditioning equipment” defined. “Air

- conditioning equi pment” means equipment utilized to heat or cool the interior

of a building or structure. [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11

- 7

- 75; renumbered as § 1.4, 12

- 4

- 76; A 8

- 28

- 79]

— (Substituted in revision for NAC 445.435) (c)(56)(i)(A)
71 FR15040
3/27/2006

445.436 "Air contaminant" defined.

"Air contaminant" means any substance discharged into the atmosphere except water vapor and water droplets. [Environmental Comm'n, Air Quality Reg. 1.2, eff. 11

- 7

- 75; renumbered as 1.5, 12

- 4

- 76; A 8

- 28

- 79] (c)(25)(i)(A)

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

[Environmental Comm’n, Air Quality Reg. §§ 1.3

- 1.3.3, eff. 11

- 7

- 75; renumbered as § 1.6, 12

- 4

- 76; A 8

- 28

- 79 ]

— (NAC A by R105

- 97, 3

- 5

- 98) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.013 “Allowable emissions” defined. “Allowable emissions” means the emissions from a stationary source at its designed

maximum capacity or at its actual maximum capacity, whichever is gr eater, except as reduced by any federally enforceable
limitations on its emissions which are established:
1. By Nevada laws or regulations;
2. By any applicable requirement; or
3. By conditions of the stationary source’s operating permit, im posed on the emission rate, the type or amount of materials combusted or processed, the operating rates, the hours of operation, or any other factor limiting production or emission, whichever is most stringent. [Environmental Comm’n, Air Quality Reg. § 1.6.5, eff. 10

- 16

- 80]

— (NAC A 10

- 22

- 87; 12

- 13

- 93; 10

- 30

- 95; R096

- 05, 10

- 31

- 2005) 77FR59321
9/27/ 20 12

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

capacity, process, arrangement, operating hours or control apparatus that will affect the kind or amount of regulated air pollutants emitted. (Added to NAC by Environmental Comm’n, eff. 12

- 8

- 89; A 10

- 30

- 95) 77FR59321
9/27/ 20 12

445B.015 (Supersedes 445.439) “Alternat ive method” defined. “Alternative method” means any method of sampling and analyzing for a regulated air

pollutant which is not a reference or equivalent method, but which has been demonstrated to the satis faction of the director that, in specific cases, it produces results adequate to determine compliance. [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12

- 4

- 76; A 8

- 28

- 79]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR71486
12/11/2006

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

### B

- 9

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

operation specifically identified by a stationary source in its application and approved by the Director as a condition or as conditions of the source’s ope rating permit. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95) 9/27/ 20 12

445B.018 (Supersedes 445.441) “Ambient air” defined. “Ambient air” means that portion of the atmosphere which is external to buildings, structures,

facilities or installations to which the public has access. [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11

- 7

- 75; renumbered as § 1.9, 12

- 4

- 76; A 8

- 28

- 79]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.441) (c)(56)(i)(A)
71FR 15040
3/27/2006

445B.019 “Applicable requirement” defined. “Applicable requirement” means, as applied to a stationary source:

1. Any standard or other relevant requirement: (a) Provided in NRS 445B.100 to 445B.640 , inclusive, and NAC 445B.001 to 445B.3689 , inclusive, except for the
standards for ambient air established in NAC 445B.22097 ; (b) Provided in the appli cable implementation plan approved or adopted by the EPA pursuant to 42 U.S.C. §§ 7401 to 7515, inclusive; (c) For a hazardous air pollutant adopted pursuant to 42 U.S.C. § 7412, including any requirement regarding the prevention
of accidental release s; (d) For a program to control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o, inclusive; (e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 7661c(b); (f) For solid waste inci neration units adopted pursuant to 42 U.S.C. § 7429; (g) For consumer and commercial products or tank vessels adopted pursuant to 42 U.S.C. § 7511b; and (h) For the protection of stratospheric ozone adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive, unless the Administrator determines that such provisions are not required in an operating permit;
2. A new source performance standard adopted pursuant to 42 U.S.C. § 7411;
3. Any term or condition of any permit issued pursuant to t he requirements of 42 U.S.C. §§ 7401 to 7515, inclusive, including provisions regarding the prevention of significant deterioration of air quality and new source review; and
4. Any national ambient air quality standard or requirement regarding increm ents or visibility adopted pursuant to 42 U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a temporary source for which the owner or operator has applied for and obtained an operating permit pursuant to NAC 445B.287 to 445B.3497 , inclusive. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R040

- 10,
eff. 7

- 22

- 2010) 77FR59321
9/27/ 20 12

445B.022 (Supersedes 445.444) “Atmosphere” defined. “Atmosphere” means all the air surrounding the earth and external to buildings and structures.

[Environmental Comm’n, Air Quality Reg. § 1.7, eff . 11

- 7

- 75; renumbered as § 1.14, 12

- 4

- 76; A and renumbered as § 1.13, 8

- 28

- 79]

— (Substituted in revision for NAC 445.444) (c)(56)(i)(A)
71FR15040
3/27/2006
445.445 "Barite" defined.

"Barite" means a naturally occurring sulfate of barium, BaS04, which is t ransparent to opaque and is whitish in color. (c)(25)(i)(A)

### B

- 10

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

[Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1

- 25

- 79: renumbered as 1.14, 8

- 28

- 79]

445.447 "Barite grinding mill" defined.

"Barite grinding mill" means any single source designed t o reduce crude barite to a finished product. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1

- 25

- 79] (c)(25)(i)(A)

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

degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility as defined in 40 C.F.R. § 51.301. (Added to NAC by Environmental Com m’n by R190

- 08, eff. 4

- 23

- 2009) 77FR 17334
3/26 / 20 12

445B.030 (Supersedes 445.457) “British thermal units” defined. “British thermal units (Btu)” means that quantity of heat required to raise the temperature

of one pound of water from 60 degrees Fahrenh eit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7 pounds per square inch (29.92 inches of mercury). [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11

- 7

- 75; A and renumbered as § 1.21, 12

- 4

- 76]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.457) (c)(56)(i)(A)
71FR15040
3/27/2006

445.458 "Calcine" defined.

"Calcine" means the solid materials produced by a roaster. [Environmental Comm'n, Air Quality Reg. 1.22, eff. 12

- 4

- 76] (c)(25)(i)(A)

445B.035 “Class I

- B application” defined. “Class I

- B application” means an application for a Class I operating permit that is required

for any new stationary source or significant modification to an existing stationary source which is subject to the requiremen ts of 42 U.S.C. §§ 7661 to 7 661f, inclusive. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96) 77FR59321
9/27/ 20 12

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

1. Which is subject to the requireme nts of 42 U.S.C. §§ 7661 to 7661f, inclusive;
2. For which the owner or operator has proposed the construction of a major modification; or
3. Which is a major stationary source. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96 ; A 10

- 30

- 95, eff. 1

- 11

- 96; R125

- 04, 9

- 24

- 2004) 77FR59321
9/27/ 20 12

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

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

, inclusive. The term does not include a stat ionary source that is operating under a Class III operating permit issued pursuant to
NAC 445B.001 to 44 5B.3689 , inclusive. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96; R040

- 01, 10

- 25

- 2001;
R040

- 1

- , eff. 7

- 22

- 2010) 77FR59321
9/27/ 20 12

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

NAC 445B.001 to 445B.3 689 , inclusive, and:
1. Which emits or has the potential to emit, individually or in combination, a total of not more than 5 tons per year of 77FR59321
9/27/ 20 12

### B

- 11

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

PM 10 , NO
x , SO 2 , VOC and H 2 S;
2. Which emits less than 1,000 pounds of lead per year;
3. Which is not subject to the re quirements of 42 U.S.C. §§ 7661 to 7661f, inclusive; 4. Which does not exceed 750 horsepower and is not subject to the requirements of 40 C.F.R. Part 60 except for: (a) A stationary compression ignition internal combustion engine subject to Subpart I III; or (b) A stationary spark ignition internal combustion engine subject to Subpart JJJJ; 5. Which is not subject to the requirements of 40 C.F.R. Part 61; 6. Which is not subject to the requirements of 40 C. F.R. Part 63, except for a st ationary reciprocating internal combustion engine subject to Subpart ZZZZ and which does not exceed 750 horsepower; 7. Which is not a temporary source; 8. Which is not located at or a part of another stationary source;
9. Which does not o perate a thermal unit that emits mercury, as defined in NAC 445B.3643; and 10. Whose owner or operator: (a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63; or (b) Is not required to obtain an operati ng permit to operate the stationary source solely to comply with NAC 445B.22037 relating to surface area disturbances. (Added to NAC by Environmental Comm’n by R040

- 01, eff. 10

- 25

- 2001; A by R189

- 05, 5

- 4

- 2006; R142

- 07, 4

- 17

- 2008;
R076

- 08, 8

- 26

- 2008; R 040

- 10, 7

- 22

- 2010)
445.464 "Coal" defined.

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

- 388

- 66 of the American Society for Testing and Materials. [Envir onmental Comm'n, Air Quality Reg. § 1.29, eff. 12

- 4

- 76] (c)(25)(i)(A)

445.470 "Colemanite" defined.

"Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca 2 B 6 O ll , 5H 2 O, and which is normally white or colorless. [Envi ronmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 11

- 17

- 78] (c)(25)(i)(A)

445.471 "Colemanite processing plant" defined.

"Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the production of
calcined o r uncalcined concentrate. Treating may consist of crushing, screening, grinding, transferring, storing, calcining as required and loading. [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 11

- 17

- 78] (c)(25)(i)(A)

445B.042 (Supersedes 445.472) “ Com bustible refuse” defined. “Combustible refuse” means any waste material which can be consumed by combustion.

[Environmental Comm’n, Air Quality Reg. § 1.11, eff. 11

- 7

- 75; renumbered as § 1.35, 12

- 4

- 76]

— (Substituted in revision for NAC 445.472) (c)(56 )(i)(A)
71FR15040
3/27/2006

### B

- 12

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445B. 0423 (Supersedes
Article 1.36) “ Commence” defined. “Commence,” as used in reference to construction or modification of a stationary source, means that

the owner or operator has: 1. Obtained all necessary preconstru ction approvals or permits, including those required by federal air quality control laws and regulations, NAC 445B.001 to 445B.3689, inclusive, and air quality laws and regulations which are part of the applicable state implementation plan; and
2. Tak en affirmative steps toward construction or modification, in one of the following ways: (a) Has begun, or caused to begin, a continuous program of on

- site construction of the source to be completed within a reasonable time, as demonstrated by the init iation of physical on

- site construction activities on an emission unit which are of a permanent nature, which may include, without limitation, the installation of building supports and foundations, laying of underground pipework and the construction of per manent storage structures; (b) Has entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the source, to be complet ed within a reasonable time; or (c) For modification of a stationary source, has begun those on

- site activities, other than preparatory activities, which mark
the initiation of the modification. (Added to NAC by Environmental Comm’n by R142

- 07, eff. 4

- 17

- 2008) 77FR59321
9/27/ 20 12

445B.0425 (Supersedes
Article 1.38) “Commission” defined. “Commission” has the meaning ascribed to it in NRS 445B.120.

(Added to NAC by Environmental Comm’n, eff. 10

- 30

- 95; A by R105

- 97, 3

- 5

- 98) (c)(56)(i)(A)
71FR1504 0
3/27/2006

445B.044 (Supersedes
Article 1.42) “Construction” defined. “Construction” means any physical change or change in the method of operation of an emission unit,

including, without limitation, the fabrication, erection, installation or modificati on of an emission unit. [Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12

- 4

- 76]

— (NAC A by R105

- 97, 3

- 5

- 98; R096

- 05, 10

- 31

- 2005) 77FR59321
9/27/ 20 12

445B.046 (Supersedes
Article 1.43) “Contiguous property” defined. “Contiguous property” means a ny property under single or joint ownership or operatorship

which is in physical contact, touching, near or adjoining. Public property or a public right

- of

- way shall not be deemed as a break in any otherwise contiguous property. [Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11

- 7

- 75; renumbered as § 1.43, 12

- 4

- 76]

— (Substituted in revision for NAC 445.479) 77FR59321
9/27/ 20 12

445B.047 (Supersedes 445.480) “Continuous monitoring system” defined. “Continuous monitoring system” means the equipment required for monitoring

emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanent record of emissions o r process parameters. [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12

- 4

- 76; A 12

- 15

- 77]

— (Subs tituted in revision for NAC 445.480) (c)(56)(i)(A)
71FR15040
3/27/2006

445.482 "Converter" defined. (c)(25)(i)(A)

### B

- 13

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

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

- 4

- 76]
445B.051 (Supersedes 445.486) “Day” defined. “Day” means a 24

- hour period which begins at midnight.

[Environmental Comm’n, Air Quality Reg. § 1.51, eff. 12

- 4

- 76]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.486) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.053 (Supersedes 445.488) “Director” defined. “Director” means the Director of the State Department of Conservation and Natural Resources or his

designee or a person designated by or pursuant to a county or city ordinance or reg ional agreement or regulation to enforce local air pollution control ordinances and regulations. [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11

- 7

- 75; renumbered as § 1.53, 12

- 4

- 76; A 12

- 15

- 77]

— (Substituted in revision for NAC 445.488) (c)(56) (i)(A)
71FR15040
3/27/2006

445B.054 “Dispersion technique” defined.

1. “Dispersion technique” means any technique that attempts to affect the concentration of a pollutant in the ambient air by: (a) Using that portion of a stack which exceeds good engineering practice stack height; (b) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or (c) Increasing final exhaust gas plume rise by manipulating source proces s parameters, exhaust gas parameters or stack parameters, combining exhaust gases from several existing stacks into one stack or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
2. The term does not includ e: (a) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream. (b) The merging of exha ust gas streams where: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the f acility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of “dispersion techniques” applies only to the emission limitation for the poll utant affected by such a change in operation; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engin eering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence before the merging, an increase in the quan tity of pollutants actually emitted before the merging, the Director shall presu me that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging 77FR59321
9/27/ 20 12

### B

- 14

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

was not significantly motivated by such an intent, the Director shall deny credit for the effects of such merging in calculating
the allowable emissions for the source. (c) Smoke management in agricultural or silvicultural prescribed burning programs. (d) Episodic restrictions on residential woodburning and open burning. (e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. (Added to NAC by Environmental Comm’n by R 096

- 05, eff. 10

- 31

- 2005)
445.492 "Dryer" defined.

"Dryer" means any facility in which a charge of a copper sulfide ore concentrate is heated in the presence of air to eliminat e a portion of the moisture from the charge, provided le ss than 5 percent of the sulfur contained in the charge is eliminated in the facility. [Environmental Comm'n, Air Quality Reg. 1.57, eff. 12

- 4

- 76] (c)(25)(i)(A)

1.60 Effective date. Upon the filing of the regulations with the Secretary of State, or as specified in the exceptions contained in
NRS 233B.070. (c)(14)(vii)

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

approves the program. (Added to NAC by Environmental Com m’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.4915) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.056 “Emergency” defined. “Emergency” means any situation arising from a sudden and reasonably unforeseeable event beyond

the control of the owner or op erator, including an act of God, that requires immediate corrective action to restore normal operation, and that causes the source to exceed an emission limitation contained in the operating permit which is based on a specific type of technology. The term does not include the failure to comply with emission limitations because of the improper design of the source, the lack of preventative maintenance, the careless or improper operation of the source, or any error by the operator. (Added to NAC by Envir onmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94)

— (Substituted in revision for NAC 445.4955) (c)(56)(i)(A)
71FR15040
3/27/2006

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

1. “Emission” means the act of passing into the atmosphere a regulated air pol lutant or a gas stream which contains, or may contain, a regulated air pollutant. 2. The term includes the material passed to the atmosphere. [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11

- 7

- 75; renumbered as § 1.65, 12

- 4

- 76]

— (NAC A by R105

- 97, 3

- 5

- 98) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.059 (Supersedes 445.500) “Emission unit” defined. “Emission unit” means a part of a stationary source which emits or has the potential to emit any

regulated air pollutant. [Environmental Comm’ n, Air Quality Reg. § 1.57.5, eff. 10

- 16

- 80]

— (NAC A 10

- 22

- 87; 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.060 “Enforceable” defined. “Enforceable” means enforceable under federal, state or local law. (c)(56)(i)(A)

### B

- 15

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Added to NAC by En vironmental Comm’n, eff. 10

- 14

- 82)

— (Substituted in revision for NAC 445.5005) 71FR15040
3/27/2006
445B.061 “EPA” defined. “EPA” means the United States Environmental Protection Agency.

(Added to NAC by Environmental Comm’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.5008) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.062 (Supersedes 445.501) “Equivalent method” defined. “Equivalent method” means any method of sampling and analyzing for a regulated air

pollutant which has been demonstrated to the director’s satisfaction to have a consistent and quantitatively known relationsh ip to the reference method under specified con ditions. [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 12

- 4

- 76]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR71486
12/11/2006

445B.063 (Supersedes 445.504) “Excess emissions” defined. “Excess emissions” means any emission which exceeds any applicable emission limitation

prescribed by NAC 445B.001 to 445B.3791 , inclusive, or that is contained in an oper ating permit. The averaging time and test procedures for determining excess emissions must be as specified in the relevant condition or conditions of the operating permit, except that this does not preclude the use, including the exclusive use, of any cred ible evidence or information relevant to the determination of whether a source would have been in compliance with the applicable requirements if the appropriate performance or compliance test or procedure had been performed to determine excess emissions. [Environmental Comm’n, Air Quality Reg. Art. 1 § 1, eff. 8

- 29

- 79]

— (NAC A 10

- 22

- 87; 12

- 13

- 93; R096

- 05, 10

- 31

- 2005) (c)(66)(i)(A)(3 )
73FR19144
04/09/2008

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

practice stack height:
1. For sources seeking credit for stack height exceeding that established under paragraph (b) of subsection 1 of NAC
445B. 083 , a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the
maximum co ncentration experienced in the absence of such downwash, wakes or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 40 C.F.R. § 52.21, an excessive concentration alternatively means a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features which individually is at leas t 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations pur suant to NAC 445B.001 to 445B.3689 , inclusive, must be prescribed by the new source performance standar d that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate must be
established in consultation with the s ource owner or operator. 2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraph (b) of subsection 1 of NAC 445B.083 , either: (a) A maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in 77FR59321
9/27/ 20 12

### B

- 16

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

subsection 1, except that the emission rate specified by any applicable state limit or, in the absence of such a limit, the actual emission rate, must be used; or (b) The actual presence of a local nuisance caused by the existing stack, as determined by the Director.
3. For sources seeking credit after January 12, 1979, for a stack height deter mined under paragraph (b) of subsection 1 of
NAC 445B.083 , where the Director requires the use of a field study or fluid model to verify good engineering practice stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represen ted by the equations in paragraph (b) of subsection 1 of NAC 445B.083 , a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects. (Added to NAC by Environmental Comm’n by R096

- 05, eff. 10

- 31

- 2005)
1.73 Existing source. Equipment, machines, devices, articles, contrivances, or facilities which are constructed, purchased, or in operation on the effective date of these regulations; except that any existing equipment, machine, device, article, contrivan ce, or facility which is altered, replaced, or rebuilt which increases the total emission after the effective date of these regulations shall be reclassified as a “new source”. (c)(12)

445B.066 (Supersedes
Article
1.72 ) “Existing stationary source” defined. “Existing stationary source” means:

1. For stationary sources subject to 42 U.S.C. § 7412, any stationary source other than a new stationary source.
2. For all other stationary sources, a stationary source which was constructed, or for which the owner or operator submitted a complet e application for an operating permit, before the effective date of the program. [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11

- 7

- 75; renumbered as § 1.73, 12

- 4

- 76]

— (NAC A 12

- 13

- 93; 10

- 30

- 95) 77FR59321
9/27/ 20 12

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

contiguous properties, and are owned, operated or controlled by the same person. [Environmental Comm’n, Air Quality Reg. § 1.64, eff. 5

- 7

- 80]

— (NAC A 10

- 30

- 95) 77FR59321
9/27/ 20 12

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

Administrator pursuant to any provision of the Act, 40 C.F.R. §§ 52.21 , any requirem ents developed pursuant to the applicable state implementation plan and 40 C.F.R. §§ 51.160 to 51.166, inclusive, 40 C.F.R. Parts 60, 61 and 63, or 40 C.F.R. Part 70, or by other persons pursuant to 42 U.S.C. § 7604. (Added to NAC by Environmental Com m’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 3

- 29

- 94, eff. 11

- 15

- 94; R142

- 07, 4

- 17

- 2008)

— (Substituted in revision for NAC 445.5095) 77FR59321
9/27/ 20 12

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

permit containing an emission limitation that the holder of the operating permit requested and the Director approved and whic h is independent of any applicable requirement or requirements. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94)

— (Substituted in revision for NAC 445.5105) 77FR59321
9/27/ 20 12

### B

- 17

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.512 "Floating roof" defined.

"Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal floating cover o r covered floati ng roof, which rests upon and is supported by the petroleum liquid being contained and is equipped with a seal or seals to close the space between the edge of the roof and wall of the tank. [Environmental Comm'n, Air Quality Reg. 1.78, eff. 12

- 4

- 76] (c)(2 5)(i)(A)

445.513 "Fossil fuel" defined.

"Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials fo r the purpose of creating useful heat. [Environmental Comm'n, Air Quality Reg. 1.79, eff. 12

- 4

- 76] (c)(25)(i)(A)

445B.072 (Supersedes 445.516) “Fuel” defined. “Fuel” means any form of combustible matter, solid, liquid, vapor or gas which is used to generate energy.

[Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11

- 7

- 75; renum bered as § 1.82, 12

- 4

- 76]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.516) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.073 (Supersedes 445.517) “Fuel

- burning equipment” defined. “Fuel

- burning equipment” means:

1. Indirect heat transfer fuel

- burning equipment which is any device used for the combustion of fuel in which heat is transferred from the products of combustion indirectly for the production of useful heat or power.
2. Direct heat transfer fuel

- burning equipment which is any devi ce used for the combustion of fuel in which heat is transferred from the products of combustion directly for the production of useful heat or power. [Environmental Comm’n, Air Quality Reg. §§ 1.29

- 1.29.2, eff. 11

- 7

- 75; renumbered as § 1.85, 12

- 4

- 76]

— ( NAC A 9

- 19

- 90)

— (Substituted in revision for NAC 445.517) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.075 (Supersedes Article1.86) “Fugitive dust” defined. “Fugitive dust” means emissions of solid, airborne particulate matter which could not reasonably

pass t hrough a stack, chimney, vent or a functionally equivalent opening. [Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11

- 7

- 75; renumbered as § 1.86, 12

- 4

- 76; A and renumbered as § 1.75, 10

- 16

- 80]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94)

— (Substituted in revis ion for NAC 445.520) (c)(56)(i)(A)
71FR15040
3/27/2006

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

which could not reasonably pass through a stack, chimney, vent o r a functionally equivalent opening. [Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10

- 16

- 80]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.080 (Supersedes 445.525) “Garbage” defined. “Garbage” means putres cible animal or vegetable refuse.

[Environmental Comm’n, Air Quality Reg. § 1.31, eff. 11

- 7

- 75; renumbered as § 1.89, 12

- 4

- 76]

— (Substituted in revision for NAC 445.525) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.082 “General permit” defined. “General pe rmit” means an operating permit issued by the Director to cover numerous similar

stationary sources. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95) 77FR59321
9/27/ 20 12

445B.083 “Good engineering practice stack height” de fined.

1. “Good engineering practice stack height” means the stack height that is the greater of: 77FR59321
9/27/ 20 12

### B

- 18

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(a) Two hundred thirteen feet, measured from the ground

- level elevation at the base of the stack; (b) A height determined as follows: (1) For stacks that commenced construction on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 and NAC 445B.001 to 445B.3689

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

 except that the Director may require the use of a field study or fluid model to verify good engineering practice stack height for the source; or (c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions
from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes or eddy effects created by the source itself, nearby structures or nearby terrain features.
2. For the purposes of this section:

H g = good engineering practice stack height, mea sured from the ground

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

- level elevation at the base of the stack; and
L = lesser dimension, height or projected width, of nearby structures.

(Added to NAC by Environmental Comm’n by R096

- 05, eff. 10

- 31

- 2005)
445B.084 “Hazardous air pollutant” defined. “Hazardous air pollutant” has the meaning ascribed to it in NRS 445B.140.

(Added to NAC by Environmental Comm’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.5305) (c)(56)(i)(A)
71FR71486
12/11/2006
445B.086 (Superseded 445.533) “Incinerator” defined. “Incinerator” means an engineered apparatus capable of withstanding heat and designed to

efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which the residues contain little or no combustible material. [Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11

- 7

- 75; renumbered as § 1.98, 12

- 4

- 76]

— (Substituted in revision for NAC 445.533) (c)(56)(i)(A)
71FR15040
3/27/2006

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

445B.221

. (Added to NAC by Environmental Comm’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.5335) 77FR59321
9/27/2012

445.5 36 "Lead" defined.

"Lead" means elemental lead or alloys in which the predominant component is lead. [Environmental Comm'n, Air Quality Reg. 1.101, eff. 12

- 4

- 76; A and renumbered as 1.98, 8

- 28

- 79] (c)(25)(i)(A)

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

### B

- 19

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Superseded 445.537) pollution control agency approved by the Commission.

[Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11

- 7

- 75; renumbered as § 1.103, 12

- 4

- 76; A and renumbered as § 1.99, 8

- 28

- 79]

— (Substituted in revision for NAC 445.537) 71FR15040
3/27/2006

1

- Definitions

: No. 2

- LAER “Lowest achievable emission rate” means the emission rate for any source for which an environmental evalu ation must be prepared which reflects: a. The most stringent emission rate in the approve implementation plan of any state for any class or category or source, unless the owner or operator of the source demonstrates that such an emission limitation is not achievable; or b. The most stringent emission limitation which is achieved in practice by such class o r category or source, whichever is more stringent so long as it is not less stringent than the emission rate allowed by any applicable emission st andard established in these regulations. (c)(16)(i)

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

(Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004) 77FR5932 1
9/27/2012
445B.094 “Major source” defined.

1. Except as otherwise provided in subsection 3, “major source” means any stationary source that: (a) Is located on one or more contiguous or adjacent properties; (b) Is under the common contro l of the same person or persons; (c) Belongs to a single major industrial grouping as described in the Standard Industrial Classification Manual , as incorporated by reference in NAC 445B.221 ; and (d) Meets one of the following conditions: (1) Is located in a nonattainment area and is required to obtain an operating permit pursuant to 42 U.S.C. §§ 7501 to 7515, inclusive; (2) Directly emits or has the po tential to emit: (I) One hundred tons per year or more of any regulated air pollutant, excluding particulate matter more than 10 microns in diameter; or (II) Ten tons per year or more of a hazardous air pollutant or 25 tons pe r year or more of any combination of hazardous air pollutants or a lesser quantity as established by the Commission; or (3) Is located in a particulate matter (PM 10 ) “serious” nonattainment area and directly emits or has the potential to emit
70 tons per year or more of PM 10
.  The Director shall consider fugitive emissions in determining whether a stationary source is major for any source category listed in 40 C.F.R. § 52.21(b)(1)(iii), as adopted by reference pursuant to NAC 445B.221 , or whether a stationary source of a hazardous air pollutant is a major source. To determine whether a stationary source is a major source of hazardous air pollutants under 42 U.S.C. § 7412, emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station must not be aggregated with emissions from other similar units, whether or not such units are in a cont iguous area or under common control. 77FR59321
9/27/2012

### B

- 20

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

2. In determining whether a stationary source is a major source, the Director shall not consider the emissions from mobile sources subject to regulation under Title II of the federal Clean Air Act, 42 U.S.C. §§ 75 21 to 7590, inclusive, or from nonroad engines.
3. For the purposes of the program for the prevention of significant deterioration of air quality (PSD), the term “major source” is synonymous with the term “major stationary source” as that term is def ined in 40 C.F.R. § 52.21(b)(1), as adopted by reference in NAC 445B.221

. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95; 5

- 3

- 96; R105

- 97, 3

- 5

- 98; R117

- 00, 6

- 1

- 2001)
445B.0945 (Supersedes
Article 1.104) “Major stationary source” defined. “Major stationary source” has the meaning ascribed to it in 40 C.F.R. § 52.21(b)(1).

(Added to NAC by Environmenta l Comm’n by R125

- 04, eff. 9

- 24

- 2004) 77FR59321
9/27/2012

445B.095 (Superseded 445.542) “Malfunction” defined. “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or

process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown are not
considered malfunctions. [Environmental Comm’n, Air Qual ity Reg. § 1.105, eff. 12

- 4

- 76; A and renumbered as § 1.101, 8

- 28

- 79]

— (Substituted in revision for NAC 445.542) (c)(56)(i)(A)
71FR15040
3/27/2006

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

1. The maxim

um process weight allowed through a continuous or long

- run steady

- rate operation, per hour; or 2. For cyclical or batch unit operations or unit processes, the total process weight for a 1

- hour period.

 If any process, operation or the design of any equipment permits more than one interpretation of this section, the interpretation which results in the lesser value of allowable emissions applies. (Added to NAC by Environmental Comm’n, eff. 10

- 22

- 87)

— (Substituted in revision for NAC 445.5435) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.099 (Supersedes
Article 1.109) “Modification” defined. “Modification” means any physical change in, or change in the method of operation of a stationary

source which:
1. Increases the amount of any regulated air pollutant, to which a standard applies, emitted into the atmosphere by that stationary source; or
2. Results in the emission of any regulated air pollutants, to which a standard applies, into the atmosph ere if the regulated air pollutants were not previously emitted. [Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12

- 4

- 76; A and renumbered as § 1.95, 5

- 7

- 80]

— (NAC A 10

- 30

- 95) 77FR59321
9/27/2012

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

process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.601, (c)(56)(i)(A)
71FR15040

### B

- 21

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

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

[Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12

- 4

- 76]

— (NAC A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96)

— (Substituted in revision for NAC 445.548) 3/27/2006

445B. 104 (Supersedes
Article 1.111) “Motor vehicle” defined. “Motor vehicle” has the meaning ascribed to it in NRS 485.050

.

(Added to NAC by Environmental Comm’n by R117

- 00, eff. 6

- 1

- 2001) 77FR59321
9/27/2012

445B.106 (Superseded 445.549) “Multiple

- chamber incinerator” defined. “Multiple

- chamber incinerator” means any article, machine, equipment

contrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three or m ore refractory lined combustion furnaces in series, physically separated by refractory walls and interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned. [Envi ronmental Comm’n, Air Quality Reg. § 1.39, eff. 11

- 7

- 75; renumbered as § 1.113, 12

- 4

- 76]

— (Substituted in revision for NAC 445.549) (c)(56)(i)(A)
71FR15040
3/27/2006

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

feature:
1. For the purpose of using the equations set fo rth in paragraph (b) of subsection 1 of NAC 445B.083 , that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than one

- half m ile; and
2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of NAC 445B.083 , not greater than

one

- half mile, except that the portion of a te rrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if the feature achieves a height one

- half mile from the stack that is at least 40 percent of the good engi neering practice stack height determined by using the equation set forth in subparagraph (2) of paragraph (b) of subsection 1 of NAC 445B.083 or 85 feet, whichever is greater, as m easured from the ground

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

- level
elevation at the base of the stack. (Added to NAC by Environmental Comm’n by R096

- 05, eff. 10

- 31

- 2005) 7 7FR59321
9/27/2012

1.114 New source. Equipment, machines, devices, articles, contrivances, or facilities built or installed on or after the effective date of these regulations. (c)(12)

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

1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary source for which the owner or operator commenced construction or reconstruction after the Administrator proposed regulations pursuant to 42 U.S.C. § 7412

w hich established an emission standard applicable to the stationary source.
2. For all other stationary sources, a stationary source or modification for which an owner or operator has not submitted a complete application for an operating permit before the effective date of the program. [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11

- 7

- 75; renumbered as § 1.114, 12

- 4

- 76; A and renumbered as § 77FR59321
9/27/2012

### B

- 2 2

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

1.100, 5

- 7

- 80]

— (NAC A 12

- 13

- 93; 10

- 30

- 95)

445 B.109 (Superseded 445.552) “Nit rogen oxides” defined. “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by test

methods approved by the EPA. [Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12

- 4

- 76]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94)

— (Substituted i n revision for NAC 445.552) (c)(56)(i)(A)
71FR15040
3/27/2006

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

1. Which is shown by monitored data or is calculated by air quality modelin g or any other method determined by the Administrator to be reliable, to exceed any national standard of ambient air quality for the regulated air pollutant; 2. Which is designated as a nonattainment area by the Governor; and 3. Which is promul gated as a nonattainment area by the Administrator. [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5

- 7

- 80]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006

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

December 31, 1997. (Added to NAC by Environmental Comm’n by R117

- 00, eff. 6

- 1

- 2001) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.1135 “Nonroad vehicle” defined. “Nonroad vehicle” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that section existed on

December 31, 1997. (Added to NAC by Environmental Comm’n by R117

- 00, eff. 6

- 1

- 2001) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.116 (Superseded 445.555) “Odor” defined. “Odor” me ans a characteristic of a regulated air pollutant which makes it perceptible to the sense of smell.

[Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11

- 7

- 75; renumbered as § 1.118, 12

- 4

- 76]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006
445B .117 “Offset” defined. “Offset” means a reduction in emissions at an existing stationary source which is greater than a

corresponding increase in emissions of the same regulated air pollutant at a new stationary source or a modification of a stationary sou rce in the same nonattainment area. (Added to NAC by Environmental Comm’n, eff. 3

- 29

- 94; A 10

- 30

- 95) 77FR59321
9/27/2012

445B.119 (Superseded 445.556) “One

- hour period” defined. “One

- hour period” means any 60

- minute period.

[Environmental Comm ’n, Air Quality Reg. § 1.119, eff. 12

- 4

- 76]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.556) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.121 (Superseded 445.557) “Opacity” defined. “Opacity” means the property of a substance tending to obscure visi on and measured in terms of percent

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

Opacity Ringelmann

(Percent) Number (c)(56)(i)(A)
71FR15040
3/27/2006

### B

- 23

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

20............................................................... 1
40..................................... ......................... 2
60.............................................................. 3
80.............................................................. 4
100.............................................................. 5

[Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11

- 7

- 75; renumbered as § 1.120, 12

- 4

- 76]

— (Substituted in revision for NAC 445.557)
445 B.122 (Superseded 445.558) “Open burning” defined. “Open burning” means any fire from which the products of combustion are emitted into the

atmosphere without passing through a stack or chimney. [Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11

- 7

- 75; renumbered as § 1.21, 12

- 4

- 76]

— (Substituted in revision for NAC 445.558) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.123 (Supersedes
445.559 ) “Operating permit” defined. “Operating permit” has the meaning ascribed to it in NRS 445B.145 . Unless otherwise

specifically stated, the term includes:
1. A Class I, a Class II and a Class III operating permit;
2. An operating permit to construct; and
3. A mercury opera ting permit to construct, as defined in NAC 445B.3625

. [Environmental Comm’n, Air Quality Reg. § 1.46, eff. 11

- 7

- 75; renumbered as § 1.122, 12

- 4

- 76]

— (NAC A 12

- 13

- 93;
R040

- 01 , 10

- 25

- 2001; R103

- 02, 12

- 17

- 2002; R189

- 05, 5

- 4

- 2006; R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010) 77FR59321
9/27/2012

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

the Di rector which:
1. Authorizes the construction and an initial period of operation of a proposed new Class I stationary source or modification to an existing Class I stationary source;
2. Includes the conditions which apply to the construction and the initial period of operation of the Class I stationary source or modification to an existing Class I stationary source; and
3. Includes the requirement that the holder of the operating permit to construct submit a complete application for a Class I operating permit or for a modification of an existing Class I operating permit within 12 months after the date of the initial

start

- up of the new or modified Class I stationary source. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 20 02) 77FR59321
9/27/2012

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

[Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11

- 17

- 78]

— (Substituted in revision for NAC 445.560) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.127 (Superseded “Owner or operator” defined. “Owner or operator” means any person who owns, leases, operates, controls or supervises an

affected facility or a stationary source of which an aff ected facility is a part. (c)(56)(i)(A)
71FR15040

### B

- 24

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.561) [Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.561) 3/27/2006
445B.129 (Superseded 445B.562) “Particulate matter” defined. “Particulate matter” m eans any material except uncombined water that exists in a finely

divided form as a liquid or solid at reference conditions. [Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11

- 7

- 75; renumbered as § 1.124, 12

- 4

- 76]

— (Substituted in revision
for NAC 445.562) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.130 (Superseded 445.563) “Pathological wastes” defined. “Pathological wastes” means human and animal remains consisting of carcasses, organs and

solid organic wastes from hospitals, laboratories, abattoir s, animal pounds and similar stationary sources. [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11

- 7

- 75; renumbered as § 1.125, 12

- 4

- 76]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.134 (Superseded 445.564) “ Person” defined. “Person” has the meaning ascribed to it in NRS 0.039 and includes the State of Nevada, political

subdivisions, administrative agencies and public or quasi

- public corporations. [Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11

- 7

- 75; renumbered as § 1.126, 12

- 4

- 76]

— (NAC A by
R151

- 06, 9

- 18

- 2006) (c)(62)(i)(A)(1 )
72FR19801
4/20/2007
445.565 "Petroleum" defined.

"Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal. [Environmental Comm'n, Air Qua lity Reg. 1.127, eff. 12

- 4

- 76] (c)(25)(i)(A)

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

as defined in 40 C.F.R. § 52.21(aa)(2)(v) that has been approved by t he Director and authorized in an operating permit to construct pursuant to NAC 445B.001 to 445B.3689 , i nclusive. (Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004; R040

- 10, eff. 7

- 22

- 2010) 77FR59321
9/27/2012

445B.135 “PM 10 ” defined. “PM 10 ” means any particulate matter in the atmosphere with an aerodynamic diameter less than or equal to a

nominal 10 micrometers as measured by an approved reference method or equivalent method based on 40 C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53. (Added to NAC by Environmental Comm’n, eff. 12

- 26

- 91)

— (Substitute d in revision for NAC 445.5655) (c)(56)(i)(A)
71FR15040
3/27/2006

1.131 Point source. Any stationary source causing emission in excess of 23 metric tons (25 tons) per year of any pollutant for whi ch there is ambient air standard, or without regard to am ount of emission, stationary sources such as those listed in 40 CFR 51, Appendix C. (c)(12)

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

pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a stationary source to emit a regulated air pollutant, including equipment for the control of air pollution and any restrictions on the ho urs of operation of the stationary source or on the type or amount of material combusted, stored or processed, may be treated as part of its design for the purposes of determining its potential to emit if the limitation is federally enforceable. [Environmental Comm’n, Air Quality Reg. part § 1.115.5, eff. 10

- 16

- 80]

— (NAC A 12

- 13

- 93; 10

- 30

- 95; 5

- 3

- 96; R126

- 10,
12

- 16

- 2010) 77FR59321
9/27/2012

### B

- 25

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.570 (proposed) "Portland cement plant" defined.

"Portland cement plant" means any facility manufacturing portland cement by either the wet o r dry process. [Environmental Comm'n, Air Quality Reg. 1.132, eff. 12

- 4

- 76] (c)(25)(i)(A)

445.574 "Precious metal" defined.

"Precious metal" means a metal of the gold, silver or platinum metal group. [Environmental Comm'n, Air Quality Reg. Art. 1, § 1, eff. 1

- 25

- 79; A 8

- 28

- 79] (c)(25)(i)(A)

445.575 "Precious metal processing plant" defined.

"Precious metal processing plant" means a facility which is primarily engaged in crushing, screening, grinding, handling, loading, transferring or storing any precious metal or precious metal ore. [Environmental Comm'n, Air Quality Reg. Art. 1, § 2, eff. 1

- 25

- 79; A 8

- 28

- 79] (c)(25)(i)(A)

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

the meaning ascribed to it in 40 C.F.R. § 52.21. (Added to NAC by Environmental Comm’n, eff. 12

- 13

- 93)

— (Substituted in revision for NAC 445.5795) 77FR59321
9/27/2012

445B.144 (Superseded 445.581) “Process equipment” defined. “Process equipment” means any equipment used for storing, handling, transporting,

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

- burning equipment or incinerators. [Environment al Comm’n, Air Quality Reg. § 1.52, eff. 11

- 7

- 75; renumbered as § 1.140, 12

- 4

- 76]

— (Substituted in revision for NAC 445.581) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.145 (Superseded 445.584) “Process weight” defined. “Process weight” means the total weight of all materials introduced into an emission unit including

solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion of the fuel. [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11

- 7

- 75; renu mbered as § 1.143, 12

- 4

- 76; A and renumbered as § 1.140, 8

- 28

- 79]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006

445.585 "Process weight rate" defined.

"Process weight rate" means a rate established as follows: 1. For continuous or long

- run stead y

- rate operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of the period or portions thereof. 2. For cyclical or batch unit operations or unit processes, the total process weight for a period that covers a complete operation or an integral number of cycles divided by the number of hours of actual process operation during such a period. 3. Where the nature of any process or operation or the design of any equip ment is such as to permit more than one interpretation of this section, the interpretation that results in the minimum value of allowable emission applies. [Environmental Comm'n, Air Quality Reg. 1.51

- 1.51.3, eff. 11

- 7

- 75; renumbered as 1.144, 12

- 4

- 76; A and renumbered as 1.141, 8

- 28

- 79] (c)(25)(i)(A)

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

has approved as complying with the requirements of 40 C.F.R. Part 70. 77FR59321
9/27/2012

### B

- 26

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94)

— (Substituted in revision for NAC 445.5855)

445B.151 (Superseded 445.589) “Reference conditions” defined. “Reference conditions” means that all measurements of ambient a ir quality are corrected to

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

mercury. [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11

- 7

- 75; A and renumbered as § 1.147, 12

- 4

- 76; A and renumbered as § 1.144, 8

- 28

- 79]

— (NAC A 10

- 22

- 87)

— (Substituted in revision for NAC 445.589) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.152 (Superseded 445.590) “Reference method” defined. “Reference method” means any method of sampling and ana lyzing for a regulated air pollutant

as described in Appendix A of 40 C.F.R. § 60. [Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12

- 4

- 76; A and renumbered as § 1.145, 8

- 28

- 79]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006

445.592 "Regi stration certificate" defined.

"Registration certificate" means a document issued and signed by the director certifying that: 1. Adequate empirical data for a single source has been received and constitutes approval of location; or
2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 to 445.711, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with and constitutes approval
of location and for construction. [Environmental Comm'n, Air Quality Reg. 1.55, eff. 11

- 7

- 75; renumbered as 1.151, 12

- 4

- 76; A and renumbered as 1.147,
8

- 28

- 79] (c)(25)(i)(A)

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

1. Nitrogen oxides or any volatile organic compounds;
2. Any pollutant subject to: (a) A national ambient air quality standard and any constituents or precursors for such pollutants identified by the Administrator; (b) A standard or requirement adopted pursuant to 4 2 U.S.C. § 7411; or (c) A standard established pursuant to NAC 445B.22097 ; 3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or
4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutant regulated under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent or precursor of an air pollutant listed pursuant to 42 U.S.C. § 7408. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R096

- 05, 10

- 31

- 2005) (c)(66)(i)(A)(3 )
73FR 19144
4/09/2008

445B.154 “Renewa l of an operating permit” defined

. “Renewal of an operating permit” means the process by which a holder of an

operating permit applies for and the Director reissues the operating permit at the end of its term. (Added to NAC by Environmental Comm’n, ef f. 12

- 13

- 93)

— (Substituted in revision for NAC 445.5915) 77FR59321
9/27/2012

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

### B

- 27

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

1. For a corporation: (a) A president; (b) A vice president in charge of a principal busine ss function; (c) A secretary; (d) A treasurer; or (e) An authorized representative of such a person who is responsible for the overall operation of the facility and who is designated in writing by an officer of the corporation and approved i n advance by the Director.
2. For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
3. For a municipality or a state, federal or other public agency, a ranking elected official or a principal executive off icer, including, for a federal agency, a chief executive officer who has responsibility for the overall operations of a principal geographic unit of the agency.
4. For an affected source, the designated representative or his alternate, as defined in 42 U.S.C. § 7651a (26). (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A by R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010) 9/27/2012

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

. “Revision of an operating permit” means any modification of, or any

administrative amendment or administrative revision to, an operating permit. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A by R125

- 04, 9

- 24

- 2004) 77FR59321
9/27/2012

445.597 "Roaster" defined.

"Roas ter" means: 1. Any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate 10 percent or m ore of the sulfur contained in the charge; or 2. Any facility in which a copper sulfide ore concentrate charge is he ated in the presence of air to eliminate 5 percent or more of the sulfur contained in the charge. [Environmental Comm'n, Air Quality Reg. 1.156

- 1.157, eff. 12

- 4

- 76] (c)(25)(i)(A)

445B.161 (Superseded 445.599) “Run” defined. “Run” means the net period of time during which an emission sample is collected. Unless otherwise

specified, a run may be either intermittent or continuous within the limits of good engineering practice. [Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12

- 4

- 76]

— (Substitute d in revision for NAC 445.599) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.163 (Superseded 445.601) “Salvage operation” defined. “Salvage operation” means any operation conducted in whole or in part for the salvaging or

reclaiming of any product or material. [Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11

- 7

- 75; renumbered as § 1.161, 12

- 4

- 76]

— (Substituted in revision for NAC 445.601) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.167 (Superseded Article 1.166) “Shutdown” defined. “Shutdown” means the cessation of operation of an affected facility for any purpose.

[Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.606) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.168 “Single

- chamber incinerator” defined. “Single

- chamber incinerator” means an incinerator with one chamber that serves for (c)(56)(i)(A)

### B

- 28

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Superseded 445.612) ignition, combustion and ash removal of a design approved by the Division of Environmental Protection of the State

Department of Conservation and Nat ural Resources. [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3

- 31

- 77; A 12

- 27

- 77; A and renumbered as § 1.94.1, 8

- 28

- 79]

— (Substituted in revision for NAC 445.612) 71FR15040
3/27/2006

1.171 Single source. All similar process operations located at a single premise which can technically and economically be replaced by a single process that performs the same function. Two or more pieces of equipment or processes that handle different materials or produce dissimilar products will be treated separately. (c)(12)

445B.172 (Supersedes 445.617) “Six

- minute period” defined. “Six

- minute period” means any one of the 10 equal parts of a 1

- hour period.

[Environmental Comm’n, Air Quality Reg. § 1.175, eff. 12

- 4

- 76]

— (Substituted in re vision for NAC 445.617) (c)(66)(i)(A)
73FR19144
4/9/2008
445.618 "Slag" defined.

"Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metal from its ore. [Environmental Comm'n, Air Quality Reg. 1.176 , eff. 12

- 4

- 76] (c)(25)(i)(A)

445B.174 (Supersedes 445.621) “Smoke” defined. “Smoke” means small particles consisting predominantly, but not exclusively, of carbon, ash or other

combustible material, resulting from incomplete combustion. [Environm ental Comm’n, Air Quality Reg. § 1.59, eff. 11

- 7

- 75; renumbered as § 1.179, 12

- 4

- 76]

— (Substituted in revision for NAC 445.621) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.176 (Supersedes 445.622) “Solid waste” defined. “Solid waste” means refuse, more than 5 0 percent of which is municipal type waste consisting of a

mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such as glass and rock. [Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.622) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.177 (Supersedes
Article 1.181) “Source” defined. “Source” has the meaning ascribed to it in NRS 445B.155.

[Environmental Comm’n, Air Quality Re g. § 1.60, eff. 11

- 7

- 75; renumbered as § 1.177, 12

- 4

- 76]

— (NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006

4 4 5B.180 (Supersedes 445.624) “Stack” and “chimney” defined. “Stack” or “chimney” means any flue, conduit or duct which conducts a regulated air

pollutant to the atmosphere. [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11

- 7

- 75; renumbered as § 1.178, 12

- 4

- 76]

— (NAC A 10

- 14

- 82; 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.182 (Supersedes Article 1.185) “Stan dard” defined. “Standard” means a standard of performance that is proposed or promulgated by the Administrator or

the Director pursuant to NAC 445B.001 to 445B.735, inclusive. [Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12

- 4

- 76]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94; 7

- 5

- 94) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.185 (Supersedes “Start

- up” defined. “Start

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

[Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.627) (c)(56)(i)(A)
71FR15040

### B

- 29

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.627) 3/27/2006

445B.187 (Supersedes Article 1.187) “Stationary source” defined.

1. “Stationary source” means all buildings, structures, facilities and installations, includin g temporary sources, which: (a) Belong to the same major industrial groupings described in the Standard Industrial Classification Manual , as incorporated by reference in NAC 445B.221 ; (b) Are located on one or mor e contiguous or adjacent properties; (c) Are owned or operated by the same person or by persons under common control; and (d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive,

or NAC 445B.001 to 445B.3689 , inclusive.
2. Contracted operations that support the primary operations of the stationary source are part of the stationary source, except that temporary constructi on activities, including, without limitation, the construction of emission units, are not part of the stationary source.
3. The term does not include motor vehicles, nonroad engines and nonroad vehicles. [Environmental Comm’n, Air Quality Reg. § 1.182, eff. 12

- 4

- 76]

— (NAC A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R117

- 00, 6

- 1

- 2001; R040

- 10, 7

- 22

- 2010; R126

- 10, 12

- 16

- 2010) 77FR59321
9/27/2012

445B.190 (Superseded 445.630) “Stop order” defined. “Stop order” means a written notice by th e Director served on a person or persons requiring such

persons to cease the activity that the Director, pursuant to NAC 445B.277 , has determined is in violation of any provision o f
NAC 445B.001 to 445B.3791 , inclusive, an applicable requirement or any condition of an operating perm it. [Environmental Comm’n, Air Quality Reg. § 1.63, eff. 11

- 7

- 75; renumbered as § 1.184, 12

- 4

- 76]

— (NAC A 12

- 13

- 93) (c)(66)(i)(A)
73FR19144
4/9/2008

445.633 "Submerged fill pipe" defined.

"Submerged fill pipe" means: 1. Any fill pipe, the discharge opening of which is entirely submerged when the liquid level is 6 inches (15 cm) above the bottom of the tank; or 2. When applied to a tank which is loaded from the side, any fill pipe, the discharge of which is entirely submerged when th e liquid level is two times the diameter of the fill pipe above the bottom of the tank. [Environmental Comm'n, Air Quality Reg. 1.64, eff. 11

- 7

- 75; renumbered as 1.191, 12

- 4

- 76] (c)(25)(i)(A)

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

1. Emits or may emit any regulated air pollutant;
2. May be moved from one location to another;
3. Is located or operated in a location for a period of less than 12 months; and
4. Is not an affected source. (Added to NAC by Environmental Comm’n, eff. 10

- 30

- 95; A by R117

- 00, 6

- 1

- 2001) 77FR59321
9/27/2012

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

[E nvironmental Comm’n, Air Quality Reg. § 1.65, eff. 11

- 7

- 75; renumbered as § 1.205, 12

- 4

- 76; A and renumbered as § (c)(56)(i)(A)
71FR15040

### B

- 30

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.647) 1.200, 8

- 28

- 79]

— (Substituted in revision for NAC 445.647) 3/27/2006
445B.200 (Supersedes
445.649 ) “Violation” defin ed. “Violation” means a failure to comply with any of the provisions of NAC 445B.001 to 445B.3689

,

inc lusive, any applicable requirement or any condition of an operating permit. [Environmental Comm’n, Air Quality Reg. § 1.203, eff. 8

- 28

- 79]

— (NAC A 10

- 22

- 87; 12

- 13

- 93; R040

- 10, eff. 7

- 22

- 10) 77FR59321
9/27/2012

445B.202 (Superseded 445.650) “Volatile organic compounds” defined. “Volatile organic compounds” has the meaning ascribed to it in 40 C.F.R. §

51.100(s), as incorporated by reference in NAC 445B.221. [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11

- 7

- 75; renumbered as § 1.208, 12

- 4

- 76; A and renumbered as §
1 .204, 8

- 28

- 79]

— (NAC A 3

- 29

- 94, eff. 11

- 15

- 94)

— (Substituted in revision for NAC 445.650) (c)(56)(i)(A)
71FR71486
12/11/2006

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

[Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11

- 7

- 75; renumbered as § 1.209, 12

- 4

- 76; A and renumbered as § 1.205, 8

- 28

- 79]

— (Substituted in revision for NAC 445.651) (c)(56)(i)(A)
71FR15040
3/27/2006
445B.207 (Superseded 445.653) “Wet garbage” defined. “Wet garbage” means a combination of waste and garbage which contains more than 50 percent

moisture. [Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11

- 7

- 75; renumbered as § 1.211, 12

- 4

- 76; A and renumbered as § 1.207, 8

- 28

- 79]

— (Substituted in revision for NAC 445.653) (c)(56)(i)(A)
71FR15040
3/27/2006

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

- day period.

(Added to NAC by Environmental Comm’n, eff. 10

- 22

- 87)

— (Substituted in revision for NAC 445.6535) (c)( 56)(i)(A)
71FR15040
3/27/2006
445B.211
( Superseded 445.655) Abbreviations. T he abbreviations used in NAC 445B.001 to 445B.3497, inclusive, have the following meanings:

BACT............................................................... best available c ontrol technology
Btu.................................................................... British thermal unit C.F.R................................................................ Code of Federal Regulations
CO 2
...................................... ............................ carbon dioxide °F..................................................................... degree Fahrenheit Hg..................................................................... mercury
H 2 S.............................. ..................................... hydrogen sulfide lb...................................................................... pound
NO................................................................... nitric oxide
NOx........................... ...................................... nitrogen oxides
O 2 ..................................................................... oxygen ppm.................................................................. parts per million
SO 2
...................... ............................................. sulfur dioxide VOC................................................................. volatile organic compound (c)(56)(i)(A)
71FR15040
3/27/2006

### B

- 31

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

[Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12

- 4

- 76; A and renumbered as § 1.20 9, 8

- 28

- 79]

— (NAC A 10

- 15

- 85; R105

- 97, 3

- 5

- 98; R040

- 01, 10

- 25

- 2001; R125

- 04, 9

- 24

- 2004) 

### General Provisions

445B.220 (Superseded 445.660) Severability. If any of the provisions of NAC 445B.001 to 445B.3791 , inclusive , or any application thereof to any person,

thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application. [Environmental Comm’n, Air Quality Reg. § 2.1.1, eff. 11

- 7

- 75]

— (NAC A by R105

- 97, 3

- 5

- 98; R189

- 05, 5

- 4

- 2006;
R154

- 06, 11

- 13

- 2006, eff. 1

- 1

- 2007) (c)(66)(i)(A)
73FR19144
4/9/2008

445B.22017 (Superseded 445.721) Visible emissions: Maximum opacity; determination and monitoring of opacity.

1. Except as otherwise provided in this section and NAC 445B.2202 , no owner or operator may cause or permit the discharge into the atmosphere from any emission unit which is of an opacity equal to or greater than 20 percent. Opacity must
be determi ned by one of the following methods: (a) If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 9 in Appendix
A of 40 C.F.R. Part 60. (b) If a source uses a continuous monitoring system for the me asurement of opacity, the data must be reduced to 6

- minute averages as set forth in 40 C.F.R. § 60.13(h).
2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that consists of uncombined water. The burden of proof to establish the application of this exemption is upon the person seeking to come within the exemption.
3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emission unit must be allowed one
6

- minute period per hour of not more than 27 percent opacity as set forth in 40 C.F.R. § 60.42(a)(2) and 40 C.F.R. § 60.42a(b).
4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained by the owner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267 , inclusive. [Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11

- 7

- 75; § 4.5.1.1, eff. 8

- 28

- 79]

— (NAC A 9

- 19

- 90; 10

- 30

- 95; R118

- 00, 9

- 25

- 2000; R036

- 05, 10

- 31

- 2005, eff. 4

- 1

- 2006) (c)(66)(i)(A)(3 ) 73FR 19144
4/09/2008

NAC
445B.2202 (Superseded Articles 4.3,
4.3.1

- 4.3.3, 4.3.5) Visible emissions: Exceptions for stationary sources. The provisions of NAC 445B.22017 do no t 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 visi ble emissions, if the facility has written approval of the Commission;
3. Emissions from an incinerator as set forth in NAC 445B.2207 ; or 4. Emissions of stationary di esel

- powered engines during warm

- up for not longer than 15 minutes to achieve operating temperatures. [Environmental Comm’n, Air Quality Reg. §§ 4.3.1

- 4.3.3, eff. 11

- 7

- 75; § 4.3.6, eff. 12

- 4

- 76; A and renumbered as § 4.3.4, (c)(66)(i)(A)(3 )
73FR 19144
4/09/2008

### B

- 32

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

12

- 15

- 77; § 4.3.5, eff. 11

- 7

- 75; § 4.3.6, eff. 12

- 15

- 77; A 4

- 18

- 80]

— (NAC A by R065

- 03, 10

- 30

- 2003; R198

- 03, 4

- 26

- 2004,
eff. 3

- 1

- 2006; R036

- 05, 10

- 31

- 2005, eff. 4

- 1

- 2006)
16.3.3 Standard for Opacity (c)(14)(viii)
16.3.3.2 No person shall cau se, suffer, allow, or permit the discharge from any clinker cooler which exhibit greater than 10 percent opacity. (c)(14)(viii)

16.3.3.3 On or after the date on which the performance test required by Article 2.6 is completed, no owner or operator subject to the provision of Article 16.3 shall cause to be discharged into the atmosphere from any affect facility other than the kiln and clinker cooler any gases which exhibit 10% opacity or greater. (c)(14)(viii)

445.729 Process weight rate for calculating emission rates.

For purposes of NAC 445.729 to 445.737, inclusive, the process weight rate to be used to calculate allowable emission rates must be the weight rates for single sources. [Environmental Comm'n, Air Quality Reg. 7.2.4, eff. 11

- 7

- 75; A 12

- 4

- 76] (c)(25)(i)(A)

445.730 Colemanite flotation processing plants.

1. The maximum amount of particulate matter which may be emitted in an hour by any colemanite flotation processing plant and the formulas by which the amount will be determined are: ( a) For a crushing, screening or grinding plant, a maximum of 2.5 pounds (1.13 kilograms) per hour as calculated by:

E = 0.02 x 10 - 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 calculated by:

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 subsec tion 1: (a) "E" means the maximum emission rate allowed in pounds (kilograms) per hour. (b) "P" means the process weight rate in tons (kilograms) per hour. [Environmental Comm'n, Air Quality Reg. 7.2.8.1

- 7.2.8.3, eff. 11

- 17

- 78] (c)(25)(i)(A)

445B.2 2027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates. For purposes of NAC

445B.22027 to 445 B.22037, inclusive, the maximum allowable throughput to be used to calculate allowable emission rates must be the maximum process weight for an emission unit. [Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11

- 7

- 75; A 12

- 4

- 76]

— (NAC A 10

- 22

- 87; 12

- 26

- 91;
R105

- 97, 3

- 5

- 98)

— (Substituted in revision for NAC 445B.360) (c)(56)(i)(A)(3 )
72FR25972
5/8/2007

445B.2203 (Superseded 445.731) Emissions of particulate matter: Fuel

- burning equipment.

1. No person may cause or permit the emission of PM 10 resulting from the combustion of fuel in fuel

- burning equipment in excess of the quantity set forth in the following formulas: (a) For maximum input of heat equal to or greater than 4 m illion Btu’s per hour, but less than or equal to 10 million Btu’s (c)(56)(i)(A)(3 )
72FR25972
5/8/2007

### B

- 33

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

per hour, the allowable emission is 0.6 of a pound per million Btu’s of input of heat. (b) For maximum input of heat greater than 10 million Btu’s per hour, but less than 4,000 million Btu’ s per hour, the allowable emissions must be calculated using the following equation:

Y = 1.02X - 0.231

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

Y = 17.0X - 0.568

2. For the purposes of paragraphs (b) and (c) of subsection 1: (a) “X” means the maximum operating rate in million Btu’s per hour. (b) “Y” means the allowable rate of emission in pounds per million Btu’s. [Environmental Comm’n, Air Quality Reg. §§ 7.1.1

- 7.1.1.2, eff. 11

- 7

- 75; § 7.1.3, eff. 11

- 7

- 75; renumbered as § 7.1.2,
12

- 15

- 77]

— (NAC A 10

- 15

- 85; 9

- 19

- 90; 12

- 26

- 91; 10

- 30

- 95; R022

- 99, 9

- 27

- 99)

— (Substituted in revision for NAC 445B.362)
4 4 5B.22033 (Superseded 445.732) Emissions of particulate matter: Sources not otherwise limited.

1. Owners or operators of stationary sources not otherwise included in NAC 445B.22027 to 445B.22037, inclusive, shall not cause or permit PM 10 to be discharged from any emission unit into the atmosphere in excess of the allowable emission determined by the use of the formula contained in subsection 2 or 3.
2. When the maximum allowable throughput is less than 30 tons per hour, the maximum allowable weight discharged per hour must be determined by using the following equation:

E = 4.10P 0.67

3. When the maximum allowable throughput equals or exceeds 30 tons per hour, the maximum allowable weight discharged per hour must be determined by using the following equation:

E = 55P 0.11

- 40

4. For the purposes of subsections 2 and 3: (a) “E” means the maximu m rate of emission in pounds per hour. (b) “P” means the maximum allowable throughput in tons per hour. (c)(56)(i)(A)(3 )
72FR25972
5/8/2007

### B

- 34

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

[Environmental Comm’n, Air Quality Reg. §§ 7.2.1

- 7.2.3, eff. 11

- 7

- 75]

— (NAC A 10

- 19

- 83; 10

- 15

- 85; 10

- 22

- 87;
9

- 19

- 90; 12

- 26

- 91; 10

- 30

- 95; R105

- 97, 3

- 5

- 9 8)

— (Substituted in revision for NAC 445B.363)
445B.22037 (Superseded 445.734) Emissions of particulate matter: Fugitive dust.

1. No person may caus e or permit the handling, transporting or storing of any material in a manner which allows or may allow controllable particulate matter to become airborne.
2. Except as otherwise provided in subsection 4, no person may cause or permit the construction, r epair, demolition, or use of unpaved or untreated areas without first putting into effect an ongoing program using the best practical methods to prevent particulate matter from becoming airborne. As used in this subsection, “best practical methods” include s, but is not limited to, paving, chemical stabilization, watering, phased construction and revegetation.
3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land or its topsoil until he has obtained an operating permit for surface area disturbance to clear, excavate, or level the land or to deposit an y foreign mat erial 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 lan d which is not less
than 5 acres or more than 20 acres. [Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11

- 7

- 75; § 7.3.3, eff. 11

- 7

- 75; A 12

- 15

- 77]

— (NAC
A 9

- 19

- 90; 12

- 26

- 91; 12

- 13

- 93; 10

- 30

- 95)

— (Substituted in revision for NAC 445B.365) (c) (56)(i)(A)(3 )
72FR25972
5/8/2007

7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the first barite grinding mill of Milchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weigh t determined by the use of the equation in paragraph (b), whichever is less: (a) Emissions of 5.6 kilograms (12.4 pounds) per hour. (b) Emissions determined by the equation E = 0.0084 P 0.67 (E = 1.79 P 0.67 ), where P = Process weight rate in k ilograms (tons) per hour. E = Emission allowed in kilograms (pounds) per hour. (c)(22)(ii)

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

grinding, handlin g, 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 R egion 147, Humboldt River Basin, Basin 59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed. (b) Dresser Industries barite grinding mill south of Battle Mountain in A ir Quality Control Region 147, Humboldt River Basin, Basin 55, Carico Lake Valley: (1) For primary crushing of barite ore, 0.015 pounds per short ton (0.0075 kilograms per metric ton) of barite ore (c)( 26)(i)(A)

### B

- 35

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

processed. (2) For secondary crushing or scr eening of barite ore, 0.035 pounds per short ton (0.0175 kilograms per metric ton) of barite ore processed. (c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, Humboldt River Basin, Basin 59, Lower Reese R iver Valley: (1) For grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed. (2) For bulk

- loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispensed.
3 . No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a barite grinding
mill. 4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production rates and hour s of operation of the mill and shall comply with all requirements for notification and recordkeeping in NAC 445.660 to 445.700
inclusive. 5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference Methods of 40
C.F .R. Part 60, apply to barite grinding mills. [Environmental Comm’n, Air Quality Reg. 16.27, eff. 1

- 25

- 79; A 8

- 28

- 79; 12

- 3

- 80; 8

- 17

- 81; 16.27.2, eff. 1

- 25

- 79; A 8

- 28

- 79; 8

- 17=81; 16.27.1.1

- 16.27.4 eff. 8

- 17

- 81; 16.27.4, eff. 1

- 25

- 79; NAC A 10

- 19

- 83]

. 445.816 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, screening, grinding, handling, transferring, concentrating, refining and storing any precious metals or precious meta l ore. 2. No operator may permit the emission of particulate matter in excess of the following: (d) Freeport Gold Company’s processing plant for precious metal in Air Quality Control Region 147, Basin 44, North
Fork area: (1) For crushi ng, screening, grinding, handling and transferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). 3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity from a single source of a processing plant for precious metal. 4. The owner and the operator of any pr ocessing plant for precious metal shall record the yearly production rate and hours of operation for each source of particulate matter to which an emission standard applies. 5. All tests must be performed in accordance with Appendix A of 40 C.F.R. Part 60. [Environmental Comm’n, Air Quality Reg. 16.26, eff. 1

- 25

- 79; A 8

- 28

- 79; 11

- 21

- 79; 12

- 20

- 79; 4

- 18

- 80; 16.26.1., eff. 1

- 25

- 79; 16.26.1.1, eff. 1

- 25

- 79; 8

- 28

- 79; 4

- 18

- 80; 16.26.1.2, eff. 1

- 25

- 79; A 4

- 18

- 80; 16.26.1.3

- 16.26.1.6, eff. 4

- 18

- 80;
16.26.1. 7, eff. 4

- 18

- 80; A 8

- 17

- 81; 16.26.1.8; eff. 16.32.2, eff. 12

- 20

- 79; renumbered as 16.26.1.3, 4

- 18

- 80; NAC A 7

- 29

- 82;
10

- 19

- 83] (c)(26)(i)(A)

8.2.1 No person shall cause, suffer, allow or permit the emission of sulfur compounds caused by the combustion of fuel in excess of (c)(14(vii)

### B

- 36

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

the quantity set forth in the following table: Heat input, millions of Maximum sulfur emission, British thermal units per hour pounds per hour

10........

................................. ................7.
100......................................

. ................70. 1,000.....................................

. ...............105. 10 ,0 00.............................

... . ... . ..............1050. 100,000................................................10500.
8.2.2 For purposes of Article 8, “sulfur emission” means the sulfur portion of the sulfur compounds emitted. (c)(14(vii)

445B.2204 (Superseded 445.742) “Sulfur e mission” defined. For purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” means the sulfur

portion of the sulfur compounds emitted. [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11

- 7

- 75; renumbered as § 8.2.4, 12

- 4

- 76; A a nd renumbered as § 8.2.2, 12

- 15

- 77]

— (Substituted in revision for NAC 445B.370) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.22043 (Superseded 445.743) Sulfur emissions: Calculation of total feed sulfur. For the purposes of NAC 445B.2204 to 445B.2205 , inclusive, total feed

sulfur must be calculated as the aggregate sulfur content of all fuels and other feed ma terials whose products of combustion and gaseous by

- products are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes, roasters, converters, or other similar devices are used for converting ores, concentrates, residues, or slag to the me tal or the oxide of the metal either wholly or in part, the combined sulfur input of all units must be used to determine the allowable emission. [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11

- 7

- 75]

— (NAC A by R125

- 04, 9

- 24

- 2004) (c)(66)(i)(A) (3 )
73FR 19144
4/09/2008

445B.22047 (Superseded Article 8.2,
8.2.1.1 and 8.2.1.2) Sulfur emissions: Fuel

- burning equipment.

1. No person may cause or permit the emission of compounds of sulfur caused by the combustion of fuel in fuel

- burning equi pment in excess of the quantity calculated by the use of the formula in subsection 2 or 3. 2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per hour, the allowable emission must be calculated by the use of the foll owing 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 emissio n unit has a maximum input of heat equal to or greater than 250 million Btu’s per hour, the allowable emission of sulfur must be calculated by the use of the following equations:

Liquid fuel Y = 0.4X (c)(56)(i)(A)
71FR15040
3/27/2006

### B

- 37

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

Solid fuel Y = 0.6X

Combination Fuel L (0.4X ) + S (0.6X)
L + S

For the purposes of this subsection: (a) “X” means the maximum input of the operation in millions of Btu’s per hour. (b) “Y” means the allowable rate of emissions of sulfur in pounds per hour. (c) “L” means the percentag e of total input of heat derived from liquid fuel. (d) “S” means the percentage of total input of heat derived from solid fuel. [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11

- 7

- 75; § 8.2.2.1, eff. 11

- 7

- 75; A and renumbered as § 8.2.2, 1 2

- 4

- 76; renumbered as § 8.2.1.1, 12

- 15

- 77; § 8.2.2.2, eff. 11

- 7

- 75; A and renumbered as § 8.2.3, 12

- 4

- 76; renumbered as § 8.2.1.2, 12

- 15

- 77; § 8.2.2.3, eff. 11

- 7

- 75]

— (NAC A 10

- 19

- 83; 10

- 15

- 85; 9

- 19

- 90; 12

- 24

- 91; 10

- 30

- 95; R105

- 97, 3

- 5

- 98;
R022

- 99, 9

- 27

- 99)

— (Substituted in revision for NAC 445B.373)

445B.2205 (Superseded 445.746) Sulfur emissions: Other processes which emit sulfur.

1. No person may cause or permit the emission of sulfur compounds where the sulfur or iginates in the material being processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the quantity determined by the following equation:

E = 0.292P 0.904

when “E” is equal to or greater than 10 pounds per h our. When “E” is less than 10 pounds per hour, the gas stream concentration must not exceed 1,000 ppm by volume.
2. For the purposes of subsection 1: (a) “E” means the allowable sulfur emission in pounds per hour. (b) “P” means the total fe ed sulfur, excluding hydrogen sulfide, in pounds per hour.
3. When sulfur emissions are due to sulfur contributions from both the fuel and the material being processed, the allowable emissions must be the sum of those allowed by this section and NAC 445B.22047

. 4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compounds are exempt from the provisions of NAC 445B.2204 to 445B.2205 , inclusive, and are governed by the provisions of NAC 445B.22027 to 445B.22037 , inclusive, and 445B.287 to 445B.3497 , inclusive. [Environmental Comm’n, Air Quality Reg. §§ 8.3.1

- 8.4, eff. 11

- 7

- 75]

— (NAC A 9

- 5

- 84; 9

- 19

- 90; 12

- 26

- 91; 12

- 13

- 93; 10

- 30

- 95; 5

- 3

- 96; R105

- 97, 3

- 5

- 98; R125

- 04, 9

- 24

- 2004) (c)(66)(i)(A)(3 )
73FR 19144
4/09/2008

445B.22067 Open burning. (c)(56)(i)(A) 

### Y=

### B

- 38

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Superseded Article 5.1, 5.2, 5.2.1, 5.2.2, 5.2.3, 5.2.4, 5.2.5 and 5.3) 1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, exc ept as specifically

exempted, is prohibited. 2. Open burning: (a) For the purpose of weed abatement, conservation, disease control, game or forest management, personnel training or
elimination of hazards is allowed if: (1) Approved in advance by the Director; or (2) Authorized by an officer of the State of Nevada or its political subdivisions and concurred in by the Director. (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if appr oved in advance by the
Director. (c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or regulations. (d) Is allowed at single

- family residences located in all areas of the State except in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside th e limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line. (e) Is allowed at single

- family residences located in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Dougl as County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line if: (1) Authorized by an officer of the State of Nevada or its political subdivisions; (2) Concurred in by the Director; and (3) Not specifically prohibited by local ordinances or regulations. (f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes. 3. All open burning must be attended and controlled at all times to eliminate fire hazards. [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11

- 7

- 75; A 5

- 8

- 77]

— (NAC A by R237

- 03, 4

- 15

- 2004) 71FR15040
3/27/2006

445B.2207 (Superseded 445.754) Incinerator burning.

1. Except as otherwise provided in subsection 6: (a) Burning in any incinerator other than the mul tiple

- chamber type is prohibited. (b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible emission which is of an opacity equal to or greater than 20 percent is prohibited. 2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture content material must be high temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auxiliary heating unit to ensure temperatures of 1400°F (760°C) for no t less than 0.3 of a second. The hearth must be frequently cleaned at regular intervals to prevent buildup of residues and deposits. 3. The rated burning capacity, operating and maintenance procedures approved by the Director must be posted (c)(56)(i)(A)
71FR15040
3/27/2006

### B

- 39

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

conspicuo usly at or near the incinerator.
4. Allowable PM 10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may not exceed 1.8 lb/ton of dry refuse charged.
5. Allowable PM 10 emissions from incinerators equal to or grea ter than 2,000 lb per hour burning capacity must be calculated using the following equation:

E = 0.6 (40.7 x 10 - 5 C)

For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM 10 in pounds per hour and “C”
means the rate o f charge of dry refuse in pounds per hour. 6. Single

- chamber incinerators may be used at single

- family residences, in all areas of the State, except in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of t he Carson City line, unless otherwise prohibited by local ordinances or regulations. [Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11

- 7

- 75; § 6.3, eff. 11

- 7

- 75; A 3

- 31

- 77; §§ 6.4

- 6.6.2, eff. 11

- 7

- 75]

— (NAC A 9

- 19

- 90; 12

- 26

- 91; R237

- 03, 4

- 1 5

- 2004)
445B.22083 Construction, major modification or relocation of plants to generate electricity using steam produced by burning of

fossil fuels.
1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major modification to an existing plant or construct a new plant to generate electricity using steam produced by the burning of fossil fuels within: (a) The Las Vegas Valley, Hydrographic Area 212; (b) The El Dorado Valley, Hydr ographic 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 un it Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and must comply with the provisions of NAC 445B.001 to 445B.3689, inclusive.
3. If an emission unit is relocated to Ivanpah Valley: (a) The previously used emission unit must be deactivated and removed from the previous site when the relocated unit begins operation. (b) Any credit for reduced emission is not available as an offset credit.
4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by
reference in NAC 445B.221. (c)(67)(i)(A)(1 )
73FR20536
4/16/2008

### B

- 40

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Added to NAC by Environmental Comm’n, eff. 9

- 4

- 92; A 3

- 29

- 94; R096

- 05, 10

- 31

- 2005)

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

1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prohibited unless all gases, vapors and gas

- entrained effluents are: (a) Incinerated at temperatures of not less than 1400°F (760°C) for not less than 0.3 second; 2. This section does not apply to any machine, equipment or other contrivance used exclusively for the processing of food for human consumption. [Environmental Comm’n, Air Quality Reg. §§ 10.2.1

- 10.2.2, eff. 11

- 7

- 75]

— (Substitut ed in revision for NAC 445B.394) (c)(56)(i)(A)
71FR15040
3/27/2006

445B.22093

(Superseded
445.846 and
Articles 9.2, 9.2.1,
9.2.1.1 and 9.2.1.2) Organic solvents and other volatile compounds.

1. Solvents or other volatile compounds such as paints , acids, alkalies, pesticides, fertilizers and manure must be processed, stored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, leak, escape or be otherwise discharged into the ambient air causing or contr ibuting to air pollution. If methods of control are available and feasible effectively to reduce the contribution to air pollution from evaporation, leakage or discharge, as determined by the Director, the installation and use of such methods, devices or e quipment for control is mandatory.
2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capacity equal to or greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compound having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless the tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all time s to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following devices properly installed, in good working order, and in operation: (a) A floating roof which consists of a pontoon type or double

- deck roof which rests on t he surface of the liquid contents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon or a vapor dome designed in accordance with accepted standards of the petroleum industry. This control equipment is not permitted if the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) or greater under actual conditions. All gauging and sampling devices for tanks must be gastight except when gauging or sampling is taking place. (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and vapors to the atmosphere.
3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensivel y remodeled on or after November 7, 1975, must be equipped with a submerged fill pipe for the control of emissions.
4. All facilities for dock loading of products consisting of petroleum or other volatile organic compounds having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have facilities for submerged filling by a submerged fill pipe for the control of emissions. [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11

- 7

- 75]

— (NAC A 1 0

- 19

- 83; R096

- 05, 10

- 31

- 2005) (c)(66)(i)(A)(3 )
73FR 19144
4/09/2008

445B.22095 Emission limitation for BART. The emission limitation for BART must be established on a case

- by

- case basis, taking into 77FR 17334

### B

- 41

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

consideration: 1. The technology available; 2. The costs of compliance; 3. The energy and nonair quality environmental impacts of compliance; 4. Any pollution control equipment in use or in existence at the source or unit; 5. The remaining useful life of the source or unit; and 6. The degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. (Added to NAC by Environmental Comm’n by R190

- 08, eff. 4

- 23

- 2009) 3/26 / 20 12

445B.22096 Control measures constit uting BART; limitations on emissions.

1. The sources listed below must install, operate and maintain the following control measures which constitute BART and
must not emit or cause to be emitted NO
x , SO 2 , or PM 10 in excess of the following limits: ( a) For power

- generating units numbers 1 and 2 of NV Energy’s Fort Churchill Generating Station, located in hydrographic
area 108:

UNIT (Boiler) NO
x SO 2 PM 10

Emission Limit (lb/10 6 Btu,
12

- month rolling average) Control Type Emission Limit (lb/10 6 Btu,
2 4

- hr average) Control Type Emission Limit (lb/10 6 Btu,
3

- hr average) Control Type

1 0.20 Low NO
x burners with flue gas
recirculation 0.05 Pipeline natural gas and/or No. 2
fuel oil 0.03 Pipeline natural gas and/or No. 2
fuel oil 2 0.16 0.05 0.03

(b) For power

- generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, located in hydrographic area
83:

UNIT (Boiler) NO
x SO 2 PM 10

Emission Limit (lb/10 6 Btu,
12

- month rolling average) Control Type Emission Limit (lb/10 6
Btu,
24

- hr aver age) Control Type Emission Limit (lb/10 6 Btu,
3

- hr average) Control Type

1 0.15 Low NO
x burners with 0.05 Pipeline natural gas and/or No. 2 0.03 Pipeline natural gas and/or No. 77FR 17334

3/26 / 20 12

### B

- 42

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

2 0.12 flue gas
recirculation 0.05 fuel oil 0.03 2 fuel oil

3 0.19 Low NO
x burners with
selective noncatalytic
reduction 0.05 0.03

(c) For power

- generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner Generating Station, located in hydrographic area 218:

UNIT (Boiler) NO
x SO 2 PM 10

Emission Limit (lb/10 6 Btu,
12

- m onth rolling

average ) Control Type Emission Limit (lb/10 6
Btu,
24

- hr average) Control Type Emission Limit (lb/10 6 Btu,
3

- hr average) Control Type

1 **See FIP 77 FR 50936** 0.15 Wet soda ash flue gas desulphurization 0.015

Fabric filter 2 0.15 0.015

3 0.15 0.015

Footnote:
(1) Rotamix is a technology for adding selective noncatalytic reduction using ammonia or urea

- based reagent.

( d) For power

- generating units numbers 1 and 2 of Southern California Edison’s Mohave Generating Station, located in hy drographic area 213:

UNIT (Boiler) NO
x SO 2 PM 10

Emission Limit (lb/10 6 Btu, 12

- month rolling average) Mass Emission

Rate (lb/hr, 1

- hr average) Control Type Emission Limit (lb/10 6 Btu,
30

- day rolling average) Control Type Emission Limit (lb/10 6 Btu,
3

- hr average) Control Type

1 0.15 788 Low NO
x burners with

over

- fire air and 0.0019 Conversion to pipeline natural gas only 0.0077 Conversion to pipeline natural gas only

### B

- 43

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

2 0.15 788 conversion to pipeline natural gas only 0.0019 0.0077

2. The cont rol measures established in subsection 1 may be replaced or supplemented with alternative technologies approved in advance by the Director, provided that the emission limits in subsection 1 are met. The established or approved
control measures must be inst alled and operating: (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: (1) On or before January 1, 2015; or (2) Not later than 5 years after approval of Nevada’s state implementation plan for regional haze by the United States Environmental Protection Agency Region 9,

 whichever occurs first. (b) For Southern California Edison’s Mohave Generating Station, at the time that each unit resumes operation. 3. If the ownership of any BART regulated emi ssion unit changes, the new owner must comply with the requirements set
forth in subsection 2. 4. For purposes of this section, emissions of PM 10 include the components of PM 2.5 as a subset. (Added to NAC by Environmental Comm’n by R190

- 08, eff. 4

- 23

- 2009; A by R148

- 09, 1

- 28

- 2010)
445B.22097 (Superseded 445.843) Standards of quality for ambient air.

1. The table contained in this section lists the minimum standards of quality for ambient air.

NEVADA STANDARDS A NATI ONAL STANDARDS B

POLLUTANT AVERAGING

TIME CONCENTRATION

C METHOD D PRIMARY C,

E SECONDARY

C, F METHOD D

Ozone 1 hour 0.12 ppm (235 μg/m 3 ) Ultraviolet

absorption 0.12 ppm

(235 μg/m 3 ) Same as

primary Chemilumin

escence

Ozone

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

absorption -- -- --

Carbon
monoxide less than 5,000′
above mean
sea level 8 hours 9 ppm (10,500 μg/m 3 )
Non

- 9 ppm Non

- (c)(56)(i)(A)
71FR15040
3/27/2006

### B

- 44

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

At or greater than 5,000′
above mean
sea level 6 pp m (7,000 μg/m 3 ) dispersive

infrared photometry (10 mg/m 3 ) None dispersive
infrared photometry

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

Nitrogen
dioxide Annual

arithmetic

mean 0.053 ppm

(100 μg/m 3 ) Gas phase

chemilumin

escence 0.053 ppm

(100 μg/m 3 ) Same as

primary Gas phase

chemilumi

nescence

Sulfur dioxide Annual

arithmetic

mean 0.030 ppm

(80 μg/m 3 )

Ultraviolet

Fluores

cence 0.030 ppm

None Spectrophoto metry (Pararos

aniline method) 24 hours 0.14 ppm

(365 μg/m 3 ) 0.14 ppm

3 hours 0.5 ppm

(1,300 μg/m 3 ) None 0.5 ppm

Particulate

matter as PM 10 Annual

arithmetic

mean 50 μg/m 3 High
volume
PM 10 sampling 50 μg/m 3 Same as primary High volume

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

Lead (Pb) Quarterly

arithmetic

mean 1.5 μg/m 3 High
volume sampling,
acid

extrac tion
and atomic absorption spectrom

etry 1.5 μg/m 3

Same as primary High volume

sampling,
acid
extraction
and
atomic absorption spectrometry

Hydrogen
sulfide 1 hour 0.08 ppm (112 μg/m 3 ) G Ultraviolet

Fluores

cence -- -- --

### B

- 45

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

Notes:

Note A: The Direc tor shall use the Nevada standards in considering whether to issue a permit for a stationary source and shall ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where the general public has

access. Note B: These s tandards, other than for ozone, particulate matter, and those based on annual averages, must not be exceeded more than once per year. The 1

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

- hour standard is attained when the expected number of days per calendar year with a 24

- hour average concentration above the standard, rounded to the nearest 10 μg/m 3 , is equal to or le ss than one. The expected number of days per calendar year is generally based on an average of the number of times the standard has been exceeded per year for the last 3 years. The National standards are to be used in
determinations of attainment or nonatt ainment. Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurements of air quality that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to a reference temperatu re of 25°C and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this table refers to parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “μg/m 3 ” refers to micrograms per cubic meter. Note D: Any referenc e method specified in accordance with 40 C.F.R. Part 50 or any reference method or equivalent method designated in accordance with 40 C.F.R. Part 53 may be substituted. Note E: National primary standards are the levels of air quality necessary, with an ade quate margin of safety, to protect the public health. Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a regulated air pollutant.
Note G: The ambien t air quality standard for hydrogen sulfide does not include naturally occurring background concentrations. 2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in this section to protect the existin g quality of Nevada’s air to the extent that it is economically and technically feasible. [Environmental Comm’n, Air Quality Reg. §§ 12.1

- 12.1.6, eff. 11

- 7

- 75; A and renumbered as § 12.1, 12

- 4

- 76; A 12

- 15

- 77;
8

- 28

- 79; §§ 12.2

- 12.4, eff. 11

- 7

- 75; § 12. 5, eff. 12

- 4

- 76; A 8

- 28

- 79]

— (NAC A 10

- 19

- 83; 9

- 5

- 84; 12

- 26

- 91; 10

- 30

- 95; R103

- 02, 12

- 17

- 2002; R198

- 03, 4

- 26

- 2004)
445B.225 (Superseded 445.663) Prohibited conduct: Concealment of emissions. No person may install, const ruct or use any device which conceals any

emission without reducing the total release of regulated air pollutants to the atmosphere. [Environmental Comm’n, Air Quality Reg. § 2.2.1, eff. 11

- 7

- 75]

— (NAC A 10

- 22

- 87; 10

- 30

- 95) (c)(66)(i)(A)
73FR19144
4/9/ 2008
445B.227 (Superseded 445.664) Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment;

modification of required procedure. Except as otherwise provided in NAC 445B.001 to 445B.3497, inclusive, no person

may: (c)(56)(i)(A)
73FR19144
4/9/2008

### B

- 46

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

1. Operate a stationary source of air pollution unless the control equipment for air pollution which is required by applicable requirements or conditions of the permit is installed and operating.
2. Disconnect, alter, modify or remove any of the control equipment for air pollution or modify any procedure required by an applicable requirement or condition of the permit. [Environmental Comm’n, Air Quality Reg. § 2. 2.2, eff. 12

- 15

- 77]

— (NAC A 10

- 14

- 82; 10

- 15

- 85; 8

- 22

- 86; 10

- 22

- 87;
3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95
445B.229 (Superseded 445.665) Hazardous emissions: Order for reduction or discontinuance. Without limiting the authority of any state officer to declare

or to act on an emergency, the Director or local air pollution control agency, upon determining that a generalized condition of air pollution exists or that the emission from one or more stationary sources of regulated air p ollutants is causing a danger to human health or safety, may order persons causing or contributing to the air pollution to immediately reduce or discontinue a ll
emission of contaminants. [Environmental Comm’n, Air Quality Reg. § 2.4.1, eff. 11

- 7

- 75]

— ( NAC A 10

- 30

- 95) (c)(66)(i)(A)
73FR19144
4/9/2008

445B.230 (Superseded 445.666) Plan for reduction of emissions.

1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric ton s) or more per year of a regulated air pollutant from a stationary source shall prepare and submit to the Director a plan for reducing or eliminating that emiss ion in accordance with the episode stages of alert, warning, and emergency as defined in the app licable state implementation plan.
2. Any person required to have an operating permit who is able to cause or permit the emission of less than 100 tons (90.7 metric tons) per year of a regulated air pollutant shall, upon written notice from the Director, prepare and submit to the
Director a plan for reducing or eliminating that emission in accordance with the episode stages of alert, warning, and emergency as defined in the applicable state implementation plan.
3. The written notice required under subsection 2 must be transmitted in accorda nce with subsection 4 to all persons who
are within the same classification of sources as defined in the Standard Industrial Classification Manual , adopted by reference in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tons (90.7 metric tons) per year of a regulated air pollutant.
4. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if sent by registered or certified mail to the last known address of the person. [Environmental Comm’n, Air Quality Reg. §§ 2.4.2

- 2.4.4, eff. 11

- 7

- 75]

— (NAC A 10

- 30

- 95; R125

- 04, 9

- 24

- 2004; R151

- 06, 9

- 18

- 2006) (c)(62)(i)(A)(1 )
72FR19801
4/20/2007

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

1. Scheduled maintenance or testing approved by the director or repairs which ma y result in excess emissions of air contaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated by the director as being favorable for atmospheric ventilation. 2. The director must be notified in writing of th e time and expected duration at least 24 hours in advance of any scheduled maintenance or repairs which may result in excess emissions of air contaminants prohibited by NAC 445.430 to 445.846, (c)(25)(i)( A)

### B

- 47

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

inclusive. 3. The director must be notified of any excess emi ssions within 24 hours after any malfunction, breakdown, or upset of process or pollution control equipment or during startup of such equipment. Phone (702) 885

- 4670. 4. The owner or operator of an affected facility shall provide the director, within 15 days after any malfunction, breakdown, upset, startup or human error sufficient information to enable the director to determine the seriousness of the excess emissi ons. The submission must include as a minimum: (a) The identity of the stack and other em ission point or either of them where the excess emissions occurred. (b) The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable emission limitati on and the operating data and methods used in estimating the m agnitude of the excess emissions. (c) The time and duration of the excess emissions. (d) The identity of the equipment causing the excess emissions. (e) If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction a nd the steps taken or planned to prevent the recurrence of the malfunctions. (f) The steps taken to limit the excess emissions. (g) Documentation that the air pollution control equipment, process equipment or processes were at all times maintained and

o perated, to a maximum extent practicable, in a manner consistent with good practice for minimizing emissions. [Environmental Comm'n, Air Quality Reg. 2.5.1

- 2.5.3, eff. 11

- 7

- 75; A 8

- 28

- 79; 2.5.4, eff. 11

- 7

- 75; 2.5.4.1

- 2.5.4.7, eff.
8

- 28

- 79]
2.5 Scheduled Maintenance, Testing, and Breakdown or Upset 2.5.4 (EPA proposed to remove using 110(k)(6) authority 12/18/06) Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal operations, sha ll not be considered a violation of these regulations. (c)(11)

445B.250 (Superseded Art. 2.16.1) Notification of planned construction or reconstruction. Any owner or operator subject to the provisions of NAC 445B.001

to 4445B.3689, inclusive, shall furni sh the Director written notification of:
1. The date that construction or reconstruction of an affected facility is commenced, postmarked no later than 30 days after such date. This requirement does not apply in the case of mass

- produced facilities w hich are purchased in completed form.
2. The anticipated date of initial start

- up of an affected facility, postmarked not more than 60 days and not less than 30 days before such date.
3. The actual date of initial start

- up of an affected facili ty, postmarked within 15 days after such date.
4. The date upon which demonstration of the continuous monitoring system performance commences in accordance with NAC 445B.256 to 445B.267, inclusive. Notification must be postmarked not less than 30 day s before such date. [Environmental Comm’n, Air Quality Reg. §§ 2.16.1

- 2.16.1.5, eff. 12

- 4

- 76]

— (NAC R 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R096

- 05, 10

- 31

- 2005) (c)(67)(i)(A)(1 )
73FR20536
4/16/2008

445B.252 Testin g and sampling. (c)(67)(i)(A)

### B

- 48

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Superseded 445.682) 1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the approval or the continuance of an

operating permit or similar class of permits, the director may either conduct or order the owner of any stationary source to conduct or have conducted such testing and sampling as the director determines necessary. Testing and sampling or either of them must be conducted and the results submitted to the director within 60 days after achieving the maximum rate of production at w hich the affected facility will be operated, but not later than 180 days after initial start

- up of the facility and at such other times as may be required by the director. 2. Tests of performance must be conducted and data reduced in accordance with the m ethods and procedures of the test contained in each applicable subsection of this section unless the director: (a) Specifies or approves, in specific cases, the use of a method of reference with minor changes in methodology; or (d) Waives the requirement for tests of performance because the owner or operator of a stationary source has demonstrated by other means to the director’s satisfaction that the affected facility is in compliance with the standard. 3. Tests of performance must be conducted under su ch conditions as the director specifies to the operator of the plant based on representative performance of the affected facility. The owner or operator shall make available to the director such records as may be necessary to determine the conditions of th e test of performance. Operations during periods of start

- up, shutdown and malfunction must not constitute representative conditions of a test of performance unless otherwise specified in the applicab le
standard. 4. The owner or operator of an affected fa cility shall give notice to the director 30 days before the test of performance to allow the director to have an observer present. A written testing procedure for the test of performance must be submitted to the director at least 30 days before the test of performance to allow the director to review the proposed testing procedures. 5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run must be conducted for the time and under the conditi ons specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less than three valid samples being obtained, compliance may be determined using the arithmetic mean of the results of the other two runs upon the director’s approval.
7. The cost of all testin g and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent allied facilities as may be required and specified in writing by the director must be provided and paid for by the owner of the stationary source.
8. All in formation and analytical results of testing and sampling must be certified as to their truth and accuracy and as to their compliance with all provisions of these regulations, and copies of these results must be provided to the director no later th an 60 day s after the testing or sampling, or both. 9. Notwithstanding the provisions of subsection 2, the Director shall not approve an equivalent method or alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: 73FR20536
4/16/2008

### B

- 49

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federa l Regulations; or (b) An affected source. [Environmental Comm’n, Air Quality Reg. §§ 2.6.1

- 2.6.4, eff. 11

- 7

- 65; A 12

- 4

- 76; §§ 2.6.5

- 2.6.9, eff. 12

- 4

- 76]

— (NAC A
10

- 15

- 85; 10

- 22

- 87; 10

- 30

- 95; R065

- 03, 10

- 30

- 2003)

445B.256
( Superseded Art.2.17.10

and
2.17.10.1 Monitoring systems: Cali bration, operation and maintenance of equipment. The owners or operators of all stationary

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

- 4

- 77]

— ( NAC A 10

- 30

- 95) (c)(56)(i)(A)
71FR71486
12/11/2006

445B.257 ( Superseded Art. 2.17.6 and 2.17.7) Monitoring systems: Location.

1. All continuous monitoring systems or monitoring devices must be installe d so that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems are contained in the applicable Performance Specifications of Appendix B o f 40 C.F.R. § 60. [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.684) (c)(56)(i)(A)
71FR71486
12/11/2006

445B.258 (Superseded 445.685) Monitoring systems: Verification of operational status.

2. All continuous monitoring systems and monitoring devices must be installed and operational before conducting performance tests under NAC 445B.252. Verification of ope rational status must, as a minimum, consist of the following: (a) For continuous monitoring systems referred to in subsection 2 of NAC 445B.259, completion of the conditioning period specified by applicable requirements in Appendix B of 40 C.F.R. Part 60

. (b) For continuous monitoring systems referred to in NAC 445B.260, completion of 7 days of operation. (c) For monitoring devices referred to in NAC 445B.256 to 445B.267, inclusive, completion of the manufacturer’s written requirements or recommendation s for checking the operation or calibration of the device. [Environmental Comm’n, Air Quality Reg. §§ 2.17.1

- 2.17.2.3, eff. 12

- 4

- 76]

— (NAC A by R151

- 06, 9

- 18

- 2006) (c)(62)(i)(A)(1 )
72FR19801
4/20/2007

445B.259 (Superseded 445.686) Monitoring systems: P erformance evaluations.

1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such other times as may be required by the Director under § 114 of the Act, the owner or operator of any affected facility shall conduct continuo us evaluations o f the performance of monitoring systems and furnish the Director within 60 days thereof two or upon request more copies of a written report of the results of such tests. These evaluations must be conducted in accordance with the specifications and procedur es provided in this section and NAC 445B.260.
2. Except as provided in NAC 445B.260, continuous monitoring systems listed within this subsection must be evaluated in accordance with the requirements and procedures contained in the applicable performance specification of Appendix B of
40 C.F.R. Part 60. Continuous monitoring systems for measuring: (c)(62)(i)(A)(1 )
72FR19 801
4/20/2007

### B

- 50

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(a) Opacity of emissions must comply with Performance Specification 1. (b) Nitrogen oxides emissions must comply with Performance Specification 2. (c) Sulfur dioxide emissions must comply with Performance Sp ecification 2. (d) The oxygen and carbon dioxide content of effluent gases must comply with Performance Specification 3. [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12

- 4

- 76]

— (NAC A by R151

- 06, 9

- 18

- 2006)

445B.260 (Superseded 445.687) Monitoring systems: Components contracted for before September 11, 1974.

1. Except as otherwise provided in subs ection 2, an owner or operator who, before September 11, 1974, entered into a binding contractual obligation to purchase specific continuous monitoring system components shall comply with the following requirements: (a) Continuous monitoring systems for m easuring opacity of emissions must be capable of measuring , with a confidence level of 95 percent, emission levels within 20 percent of the mean value of the data obtained using the applicable
reference method set forth in terms of the units of the emiss ion standard. The calibration drift test and associated calculation procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating compliance with this specification. (b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be capable of measuring , with a confidence level of 95 percent, emission levels within 20 percent of the mean value of the data obtained using the applicable reference method set forth in terms o f the units of the emission standard. The calibration drift test, the relative accuracy test and associated operating and calculation procedures set forth in Performance Specification 2 in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating comp liance with this specification.
2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6, 1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the Director.
3. All continuous monito ring systems referred to in subsection 1 must be upgraded or replaced, if necessary, with new continuous monitoring systems, and such improved systems must be demonstrated to comply with applicable performance specifications under NAC 445B.259 by September 11, 1979. [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12

- 4

- 76; A 12

- 4

- 77]

— (NAC A by R151

- 06, 9

- 18

- 2006) (c)(62)(i)(A)(1 )
72FR19801
4/20/2007

445B.261 (Superseded 445.688) Monitoring systems: Adjustments. Owners or operators of all continuous monitoring systems installed in accordance with

the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span drift at least once daily in accordance
with the method prescribed by the manufacturer of the systems unless the manufacturer recommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and span must, as a minimum, be adjusted whenever
the 24

- hour zero drift or 24

- hour calibration drift limits of the applicable performance specifications in Appendix B of 40 C.F.R. § 60 are exceeded. [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12

- 4

- 76; A 12

- 15

- 77]

— (Substituted in revision for NAC 445.688) (c)(56)(i)(A)
71FR71486
12/11/2006

### B

- 51

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445B.262 (Superseded 445.689) Monitoring systems: Measurement of opacity.

1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases must be cleaned before performing the zero or span drift adjustments, except that for systems using automatic zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compensa tion exceeds 4 percent opacity. Unless otherwise approved by the director, the following procedures, as applicable, must be followed: (a) For extractive continuous monitoring systems measuring gases, minimum procedures must include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero gases certified by their manufactu rer to be traceable to National Institute of Standards and Technology reference gases must be used whenever these reference gases are available. The span and zero gas mixtures must be the same composition as specified in Appendix B of 40 C.F.R. Part 60. Ev ery 6 months after the date of manufacture, span and zero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO 2 , 7 for NO, and 3 for O 2 and CO 2 , respectively. The gases may be analyzed at less frequent intervals if lon ger shelf lives are guaranteed by the manufacturer. (b) For nonextractive continuous monitoring systems measuring gases, minimum procedures include upscale checks using a certified calibration gas cell or test cell which is functionally equivalent to a kn own gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by mechanically producing a zero condition. (c) For continuous monitoring systems measuring opacity of emissions, minimum procedures include a method for producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. These procedures must provide a system che ck of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly. 2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or alternative
method to determ ine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: (a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code o f Federal Regulations; or (b) An affected source. [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12

- 4

- 76; § 2.17.4.1, eff. 12

- 4

- 76; A 12

- 15

- 77; §§ 2.17.4.2 & 2.17.4.3, eff. 12

- 4

- 76]

— (NAC A by R065

- 03, 10

- 30

- 2003) (c)(56)(i)(A)
71FR714 86
12/11/2006

445B.263 (Superseded 445.690) Monitoring systems: Frequency of operation. Except for system breakdowns, repairs, calibration checks, and zero and

span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous operation and meet minimum frequency of operation requirements as follows:
1. All continuous monitoring systems referred to in NAC 445B.259 and 445B.260 for measuring opacity of em issions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 10

- second period.
2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, sulfur dioxide, (c)(56)(i)(A)
71FR71486
12/11 /2006

### B

- 52

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

ca rbon dioxide or oxygen must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for
each successive 15

- minute period.
3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a mini mum of one cycle of operation (sampling, analyzing and data recording) for each successive 1

- hour period. [Environmental Comm’n, Air Quality Reg. §§ 2.17.5

- 2.17.5.3, eff. 12

- 4

- 76]

— (Substituted in revision for NAC 445.690)
445B.264 (Superseded 445.691) Monitoring systems: Recordation of data. 1. Owners or operators of all continuous monitoring systems for the

measurement of opacity shall reduce all dat a to 6

- minute averages and for systems other than opacity to 1

- hour averages.
2. For systems other than opacity, 1

- hour averages must be computed from four or more data points equally spaced over
each 1

- hour period.
3. Data recorded during periods of s ystem breakdowns, repairs, calibration checks, and zero and span adjustments must not be included in the data averages computed under this section. An arithmetic or integrated average of all calibrated data must be used. The data output of all continuous m onitoring systems may be recorded in reduced or nonreduced form, e.g., ppm pollutant and percent O 2 or lb/million Btu of pollutant.

4. All excess emissions must be converted into units of the standard using the applicable conversion procedures specified in NAC 445B.001 to 445B.3497, inclusive. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., rounded to the nearest 1 percen t opacity

. 5. As used in this section, “calibrated data” means data which is precise and accurate within a stated acceptance criteria for
the instrument. [Environmental Comm’n, Air Quality Reg. § 2.17.8, eff. 12

- 4

- 76]

— (NAC A 10

- 22

- 87; R118

- 00, 9

- 25

- 2000) (c)(56) (i)(A)
71FR71486
12/11/2006

445B.265 (Superseded 445.692) Monitoring systems: Records; reports.

1. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shal l maintain records of the occurrence and duration of any start

- up, shutdown or malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment or any periods during which a continuous monitoring system or mon itoring device is inoperative.
2. Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day following the
end of each cal endar quarter and must include the following information: (a) The magnitude of excess emissions computed in accordance with NAC 445B.256 to 445B.267, inclusive, any conversion factors used, and the date and time of commencement and completion of each time period of excess emissions. (b) Specific identification of each period of excess emissions that occurs during start

- ups, shutdowns and malfunctions of the affected facility. (c) The nature and cause of any malfunction, if known, the corrective action ta ken or preventative measures adopted. (d) Specific identification of each period during which the continuous monitoring system was inoperative, except for zero (c)(56)(i)(A)
71FR71486
12 /11/2006

### B

- 53

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

and span checks, and the nature of any repairs or adjustments that were made.

 When no excess e missions have occurred and the continuous monitoring system has not been inoperative, repaired or adjusted, such information must be included in the report.
3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all measurements, including: (a) Continuous monitoring systems, monitoring devices and performance testing measurements; (b) All continuous monitoring system performance evaluations; (c) All continuous monitoring systems or monitoring device calibration checks; (d) Adjustments and maintenance performed on these systems or devices; and (e) All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form suitable for inspection.

 The file must be reta ined for at least 2 years following the date of the measurements, maintenance, reports and records. [Environmental Comm’n, Air Quality Reg. §§ 2.16.2

- 2.16.4, eff. 12

- 4

- 76]

— (NAC A 7

- 2

- 84)

— (Substituted in revision for NAC 445.692)
445B.267 (Superseded 445.693) Alternative monitoring procedures or requirements.

1. U pon written application by an owner or operator, the director may approve alternatives to any monitoring procedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but not limited to, the following: (a) Alternative monitoring r equirements when installation of a continuous monitoring system or monitoring device specified by those sections would not provide accurate measurements due to liquid water or other interferences caused by substances with the effluent gases. (b) Alternati ve monitoring requirements when the affected facility is infrequently operated. (c) Alternative monitoring requirements to accommodate continuous monitoring systems that require additional
measurements to correct for stack moisture conditions. (d) Altern ative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements. (e) Alternative methods of convert ing regulated air pollutant concentration measurements to units of the standards. (f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test
cells. (g) Alternatives to the test methods of t he American Society for Testing and Materials or sampling procedures specified by any provision of NAC 445B.256 to 445B.267, inclusive. (h) Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Sp ecification 1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The dir ector may require that such demonstration be performed for each affected facility. (c)(56)(i)(A)
71FR71486
12/11/2006

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CFR
52 .1490
and or FR 2 

### Article # NAC #

(i) Alternative monitoring requirements when the effluent from a single affected facility or the combined effluent from two
or more affected facilities are released to the atmosphere through more than one point. 2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for: (a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federa l Regulations; or (b) An affected source. [Environmental Comm’n, Air Quality Reg. §§ 2.17.9

- 2.17.9.7, eff. 12

- 4

- 76; § 2.17.9.8, eff. 12

- 4

- 76; A 12

- 15

- 77]

— (NAC
A 10

- 30

- 95; R065

- 03, 10

- 30

- 2003)
445B.275 (Superseded 445.696) Violations: Acts constituting; notice.

1. Failure to c omply with any requirement of NAC 445B.001 to 445B.3791 , inclusive, any applicable requirement or any

c ondition of an operating permit constitutes a violation. As required by NRS 445B.450 , the Director shall issue a written notice of an alleged violation to any owner or operator for any violation, including, but not limited to: (a) Failure to apply for and obtain an operating permit; (b) Failure to construct a stationary source in accordance with the application for an operating permit as approved by the Director; (c) Failure to construct or operate a stationary source in accordance with any condition of an operating permit; (d) Commencing construction or modification of a stationary source without applying for and receiving an operating permit
or a modification of an operating permit as required by NAC 445B.001 to 445B.3497 , inclusive, or a mercury operating permit to construct as required by NAC 445B.3611 to 445B.3689 , inclusive; (e) Failure to comply with an y requirement for recordkeeping, monitoring, reporting or compliance certification contained in an operating permit; or (f) Failure to pay fees as required by NAC 445B.327 or 445B.3689

. 2. The written notice must specify the provision of NAC 445B.001 to 445B.3791 , inclusive, the condition of the operating permit or the applicable requirement that is being violated.
3. Written notice shall be deemed to have been served if delivered to the per son to whom addressed or if sent by registered or certified mail to the last known address of the person. [Environmental Comm’n, Air Quality Reg. §§ 2.3.1 & 2.9.5

- 2.9.7, eff. 11

- 7

- 75; + § 13.1.8, eff. 11

- 7

- 75; A 12

- 15

- 77]

— (NAC A 8

- 22

- 86; 10

- 22

- 87; 12

- 8

- 89; 12

- 13

- 93; 10

- 30

- 95; R103

- 02, 12

- 17

- 2002; R189

- 05, 5

- 4

- 2006) (c)(66)(i)(A)
73FR19144
4/9/2008

445B.277 (Superseded 445.697) Stop orders.

1. The Director shall issue a stop order if: (a) The proposed construction, installation, alteratio ns or establishment will not be in accordance with the provisions of the plans, specifications and other design material required to be submitted as part of the application for an operating permit a nd (c)(66)(i)(A)
73FR19144
4/9/2008

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

approved by the Director as a condition of the operatin g permit; or (b) The design material or the construction itself is of such a nature that it patently cannot bring the stationary source into compliance with NAC 445B.001 to 445B.3791 , inclusive.
2. A stop order may be issued at any time by the Director upon his determination that there has been a violation of any of the provisions of NAC 445B.001 to 445B.3791 , inclusive , any applicable requirement or any condition of the operating permit.
3. A person served with a stop order: (a) Shall immediately stop all activities specified in the stop order. (b) May apply for its revocation at any time, setting forth the facts upon which he believes that the reasons for the issuanc e of the stop order no longer exist. If the Director finds that the reasons for the issuance of the stop order no longer exist, he shall withdraw the order promptly. If the Director finds that the reasons for the issuance of the stop order still exist, or that
other rea sons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written statement of his reasons for so finding. [Environmental Comm’n, Air Quality Reg. §§ 3.3.1

- 3.3.5, eff. 11

- 7

- 75]

— (NAC A 10

- 22

- 87; 9

- 19

- 90; 12

- 13

- 93; 10

- 30

- 95;
R 189

- 05, 5

- 4

- 2006)
445.694 Emission discharge information.

Emission discharge information, as correlated to mass emission rates or ambient air quality regulations related to all registration certificates and operating perm its, will be maintained by the director as public information at 201 South Fall Street, Capitol Complex, Carson City, Nevada 89710. [Environmental Comm'n, Air Quality Reg. 3.1.9.1, eff. 11

- 7

- 75; A 12

- 4

- 76] (c)(25)(i)(A)

445.699 Violations: Administrat ive fines.

1. Any violation of NAC 445.430 to 445.846, inclusive, except NAC 445.622 and 445.721 to 445.724, inclusive, as they pertain to the internal combustion engine, is subject to an administrative fine levied by the commission or an approved local

c ontrol agency of not more than $5,000 per violation. 2. Unless otherwise provided, all violations are classified as major violations and a fine up to $5,000 per occurrence may b e levied. 3. Violations of NAC 445.734, 445.753, 4445.754, 445,844 and 445.84 6 are classified as minor or lesser violations, unless there are four or more violations of any one of those sections by a person, occurring within a period of 12 consecutive month s. 4. The schedule for fines for minor violations is as follows:
First Off ense Second Offense Third Offense NAC 445.753, open burning $25 $50 $100 NAC 445.754, incinerator burning, equal to or less than 25 lbs (11 kg) per hour 25 50 100

greater than 25 lbs (11 kg) per hour 50 100 (c)(25)(i)(A)

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

200 NAC 445.734, fugitive dust 50 100 200 NAC 445.846, organic solvents and other volatile compounds 50 100 200 NAC 445.844, odors 50 100 200 5. All minor violations become major violations upon the occurrence of the fourth violation within a period of 12 consecutive
months. [Environmental Comm’n, Air Quality Reg. §§ 2.8.1

- 2.8.4, eff. 11

- 7

- 75; A 12

- 4 76]

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

If the owner or operator of a source uses a suppleme ntal or intermittent control system, or other control system designed to vary with atmospheric conditions, for the purpose of meeting the requirements of an order issued pursuant to § 113(d) or 119 which relates to primary nonferrous smelters in the Act, he may not temporarily reduce the pay of any of his employees because of his use of that system. [Environmental Comm'n, Air Quality Reg. 14.1, eff. 8

- 17

- 81] (c)(25)(i)(A)



### Operating Permits Generally

445B.287 (Superseded 445.704) Operating permits: Gen eral requirements; exception; restrictions on transfers.

1. Except as otherwise provided in subsection 2 and in NAC 445B.288 , an operating permit, operating permit to constru ct or permit to construct is required for each stationary source and: (a) If a stationary source is a Class I source: (1) A revision of the operating permit or the permit to construct is required pursuant to the requirements of NAC
445B.3425

, 445B.344 or 445B.3441 be fore the stationary source may be modified; or (2) A revision of the operating permit to construct is required pursuant to the requirements of paragraph (a) of
subsection 1 of NAC 445B.3361 before the stationary source may be modified,

 as appropriate. (b) If a stationary source is a Class II source, a revision of the operating permit or the permit to construct is required pursuant to the requirements of NAC 445B.3465 before the stationary source may be modified. (c) If a stationary source is a Class III source, a revision of the operating permit is required pursuant to the requirement s of
NAC 445B.3493 before the stationary source may be modified.

2. A Class I source is not subject to the provisions of subparagraph (1) of paragraph (a) of subsection 1 if t he source is not a major source, an affected source or a solid waste incineration unit required to obtain a permit pursuant to 42 U.S.C. § 7429( e). For a Class I source which is not a major source and which subsequently becomes subject to a standard or oth er requirement under 42 U.S.C. § 7411 or 7412, the Administrator will determine whether to exempt the source from the requirement to 77FR59321
9/27/2012

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CFR
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and or FR 2 

### Article # NAC #

obtain a Class I operating permit at the time that the new standard is adopted.

3. An operating permit, operating per mit to construct or permit to construct may not be transferred from one owner or piece of equipment to another. An owner or operator may apply for an administrative amendment reflecting a change of ownership or the name of the stationary source for the eff ective time remaining on the original operating permit pursuant to
NAC 445B.319

. 4. As used in this section: (a) “Permit to construct” means a document issued and signed by the Director before November 1, 1995, certifying that: (1) Adequate empirical data for a stationary source has been received and constitutes approval of location; or (2) All portions of NAC 445B.305 to 445B.314 , inclusive, and 445B.3395 , and any other provisi ons of NAC 445B.001

to 445B.3689 , inclusive, have been complied with and constitute approval of locatio n and for construction. [Environmental Comm’n, Air Quality Reg. §§ 3.1.1

- 3.1.3, eff. 11

- 7

- 75; A 12

- 15

- 77; § 3.1.9, eff. 11

- 7

- 75; A 12

- 4

- 76]

— (NAC A 7

- 29

- 82; 10

- 22

- 87; 12

- 15

- 88; 12

- 13

- 93; 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R117

- 00, 6

- 1

- 2001; R040

- 01, 10

- 25

- 2001;
R103

- 02, 12

- 17

- 2002; R125

- 04, 9

- 24

- 2004; R189

- 05, 5

- 4

- 2006; R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010)

445B.288 (supersedes
445.705 ) Operating permits: Exemptions from requirements; insignificant activities.

1. The followin g categories of sources are not required to obtain an operating permit: (a) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 60

, Subpart AAA, Standards of Performance for New Residential Wood Heaters. (b) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 61

, Subpart M, National Emission Standard for Asbestos, section 61.145. (c) Agricultural equipment used in the normal operation of a farm, other than agricultural equipment which is classified as, or located at, a source for which a permit is required under Title V of the Act or which is subject to any standard set forth in 40
C.F.R. Part 60 or 61.
2. The following emiss ion units are considered to be insignificant activities unless the emission unit is otherwise subject to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Pa rt 60, 61 or 63: (a) Any e quipment or other contrivance used exclusively for the processing of food for human consumption. (b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour. (c) An emission unit that has a maximum allowable throughput or bat ch load rate of less than 50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a hazardous air pollutant. (d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capa city of less than 40,000 gallons. (e) Except as otherwise provided in paragraphs (f), (g) and (h), air

- conditioning equipment or fuel

- burning equipment that, 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

individually, has a rating which is: (1) Less than 4,000,000 Btu’s per hour; or (2) Equal to or gr eater than 4,000,000 Btu’s per hour if the equipment operates less than 100 hours per calendar year. (f) A portable internal combustion engine that has a rating for output which is: (1) Less than 500 horsepower; or (2) Equal to or greater than 500 hor sepower if the engine operates less than 100 hours per calendar year. (g) A stationary internal combustion engine that has a rating for output which is: (1) Less than 250 horsepower; or (2) Equal to or greater than 250 horsepower if the engine operate s less than 100 hours per calendar year. (h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies as an insignificant activity pursuant to this paragraph only if the emergency generator is an internal com bustion engine that is used to generate electrical power to maintain essential operations during unplanned electrical power outages. An emergency generator that is owned or operated by a stationary source and whose potential to emit is calculated on the ba sis of less than 500 hours of operation does not qualify as an insignificant activity.
3. If an emission unit is considered an insignificant activity and is subject to a limitation on its hours of operation pursuant to subsection 2, the owner or oper ator of the emission unit shall maintain an operating log of the hours of operation of the emission unit. The operating log must be maintained at the site of the emission unit and made available to the Director upon his request. The owner or operator shall retain the operating log for not less than 5 years.
4. The Director may, upon written request and a satisfactory demonstration by an applicant, approve an emission unit as an insignificant activity if the emission unit is not otherwise subject to an other specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity , an emission unit must meet the following criteria: (a) The operati on of the emission unit, not considering controls or limits on production, type of materials processed, combusted or stored, or hours of operation, will not result in: (1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1, 000 pounds per year, as appropriate; (2) Emissions of regulated air pollutants that exceed 4,000 pounds per year; (3) Emissions of regulated air pollutants that exceed any other limitation on emissions pursuant to any other applicable requirement; or (4) Emissions of regulated air pollutants that adversely impact public health or safety, or exceed any ambient air quality standards; and (b) The emissions from the emission unit are not relied on to avoid any other applicabl e requirements.

 If there are multiple emission units, the Director may, after considering the impact of the combined emissions of multiple emission units, determine whether to approve one or more of the specific emission units as an insignificant activity.
5. Exce pt as otherwise provided in NAC 445B.094 , emissions from insignificant activities, as determined pursuant to this

### B

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and or FR 2 

### Article # NAC #

section, must be included in any determination of whether a statio nary source is a major source.
6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.3689 , inclusive, for any emission unit determined to be an insignificant activity in accordance with this section, as long as the stationary s ource is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC
445B.00 1 to 445B.3689 , inclusive, relating to the operation of the emission unit determined to be an insignificant activity.
7. A stationary source which consists solely of insign ificant activities as determined pursuant to this section and which is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act is not required to obta in an operating permit to operate as a stationary source. Su ch an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3689 , inclusive, relating to the operation of the stationary source or any insignificant activity that is a part of the stationary source.
8. The provisions of this section do not apply to a thermal unit that emits mercury.
9. As used in this section, “thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643

. [Environmental Comm’n, Air Qual ity Reg. § 3.1.8, eff. 11

- 7

- 75]

— (NAC A 10

- 22

- 87; 12

- 8

- 89; 9

- 19

- 90; 11

- 23

- 92; 12

- 13

- 93, eff. 11

- 15

- 94; 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95; R117

- 00, 6

- 1

- 2001; R189

- 05, 5

- 4

- 2006; R142

- 07, 4

- 17

- 2008)
445B.295 Application: General requireme nts. Except as otherwise provided in NAC 445B.33637 , an application for an operating

permit must include:
1. Information to identify the applicant, including the name and a ddress of the company or the name and address of the plant if different from that of the company, the name of the owner of the company and his agent, and the name and telephone number of the manager of the plant or another appropriate person to contact;
2. A description of the stationary source’s processes and products by Standard Industrial Classification Code, including any processes and products associated with an alternative operating scenario identified by the owner or operator;
3. A descri ption of the fuels, fuel use and raw materials to be used and the rates of production and operating schedules for each emission unit which is a part of the stationary source;
4. An identification and a description of any equipment for the control of air pollution and any devices or activities for monitoring compliance with emission limitations;
5. Limitations on the operation of the stationary source or any standards for work practices which affect emissions for all regulated air pollutants at t he stationary source;
6. An explanation of any proposed exemption from any applicable requirement;
7. The location of any records that the applicant must keep pursuant to the requirements of the operating permit, if the records are kept at a lo cation other than the emitting facility; and
8. Other specific information that the Director determines is necessary to carry out, enforce and determine the applicability of all legal requirements. (Added to NAC by Environmental Comm’n, 12

- 13

- 93 , eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96; 5

- 3

- 96; A by R117

- 00, 6

- 1

- 77FR59321
9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
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and or FR 2 

### Article # NAC #

2001; R103

- 02, 12

- 17

- 2002; R125

- 04, 9

- 24

- 2004; R139

- 06, 9

- 18

- 2006)

445B.297 (Superseded
Article 3.1.6) Application: Submission; certification; additional information.

1. An applicant for an operating permit must: (a) Submit an application to the Director on the appropriate form provided by the Director. A responsible official of the stationary source must certify that, based on information and belief formed after a reasonable inquiry, the statements in the application for the operating permit are true, accurate and complete. (b) Submit supplementary facts or corrected information upon discovery. (c) Provide any additional information, in writing, t hat the Director requests within the time specified in the Director’s request. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R125

- 04, 9

- 24

- 2004; R189

- 05, 5

- 4

- 2006; R139

- 06, 9

- 18

- 2006) 77FR59321
9/27/2012

445B.298 (Super seded 445.706) Applicatio n: Official date of submittal. Ex cept as otherwise provided in NAC 445B.3364

, 445B.3395

, 445B.3457

,

445B.3487 , or 445B.3683 , the official date of submittal of an application for:
1. An operating permit;
2. An operating permit to construct;
3. A revision of an existing operating permit; or
4. A revision of an existing operating perm it to construct,

 is the date on which the Director determines that the application is complete. [Environmental Comm’n, Air Quality Reg. §§ 3.1.4 & 3.1.7, eff. 11

- 7

- 75]

— (NAC A 10

- 22

- 87; 9

- 19

- 90; 12

- 13

- 93; R105

- 97, 3

- 5

- 98; R198

- 03, 4

- 26

- 2004; R125

- 04 , 9

- 24

- 2004; R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010) 77FR59321
9/27/2012

445B.305 Operating permits: Imposition of more stringent standards for emissions. The Director may impose standards for

emissions on a proposed stationary source that are more stringent than those found in NAC 445B.001 to 445B.3689 , inclusive, as a condition of approving an ope rating permit for the proposed stationary source. (Added to NAC by Environmental Comm’n, eff. 9

- 19

- 90; A 12

- 13

- 93, eff. 11

- 15

- 94; 10

- 30

- 95; R040

- 10, eff. 7

- 22

- 2010) 77FR59321
9/27/2012

445B.308 Prerequisites and conditions for issuance of certain op erating permits; compliance with applicable state

implementation plan.
1. In any area designated as attainment or unclassifiable for a regulated air pollutant, before an operating permit or a revision of an operating permit may be issued: (a) F or a new or modified stationary source; (b) For a plantwide applicability limitation; or (c) To allow a plantwide applicability limitation to expire and not be renewed,

 in accordance with NAC 445B.308 to 445B.314 , inclusive, the applicant must submit to the Director an environmental evaluation and any other information the Director determines is necessary to make an independent air quality impact

assessment. 77FR59321
9/27/2012

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CFR
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and or FR 2 

### Article # NAC #

2. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the environmental evaluation submitted by the applicant shows, or i f the Director determines, in accordance with the provisions of this section, that the stationary source: (a) Will prevent the attainment and maintenance of the state or national ambient air quality standards. For the purposes of this paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered
in the environmental evaluation. (b) Will cause a violation of the app licable state implementation plan. (c) Will cause a violation of any applicable requirement.
3. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the
Director determines , in accord ance with subsection 3 of NAC 445B.311
, that the degree of emission limitation required for control of an air pollutant under this section is affected by that amount of the stack height of any source as exceeds good engineering practice stack height, inclu ding a good engineering practice stack height demonstrated by a fluid model or a field study approved by the Director in accordance with paragraph (c) of subsection 1 of NAC 445B.083
, or any other dispersion technique.
6. To be issued an operating perm it or a revision of an operating permit, the owner or operator of a major stationary source or major modification who proposes to construct in any area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221

. 7. The Director may impose any reasonable conditions on his approval, including conditions requiring the owner or operator of the stationary source to: (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the commencement of construction or modification and for any specified period after operation has begun at the stationary source;
and (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3689 , inclusive.
8. If a proposed stationary source located on contiguous property is constructed or modified in phases which individually are not subject to review as provided in NAC 445B.308 to 445B.314 , inclusive, all phases occurring since November 7, 1975, must be added together for determining the applicability of th ose sections.
9. Approval and issuance of an operating permit or a revision of an operating permit for any stationary source does not affect the responsibilities of the owner or owners to comply with any other portion of the applicable state implemen tation plan. [Environmental Comm’n, Air Quality Reg. § 13.1.1, eff. 11

- 7

- 75; A 8

- 28

- 79; § 13.1.3, eff. 11

- 7

- 75; A 8

- 28

- 79; 2

- 28

- 80; §§ 13.1.4

- 13.1.7, eff. 11

- 7

- 75]

— (NAC A 10

- 22

- 87; 9

- 19

- 90; 11

- 23

- 92; 12

- 13

- 93, eff. 11

- 15

- 94; 3

- 29

- 94, eff. 11

- 15

- 94 ; 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R103

- 02, 12

- 17

- 2002; R125

- 04, 9

- 24

- 2004; R096

- 05, 10

- 31

- 2005; R139

- 06 & R151

- 06, 9

- 18

- 2006;
R142

- 07, 4

- 17

- 2008)

13.1 General Provisions for the Review of New Sources (c)(16)(viii)

13.1. 1 Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit to the Director an (c)(16)(viii)

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and or FR 2 

### Article # NAC #

environmental evaluation and any other information the Director may deem necessary to make an independent air quality impact assessment

. 13.1.3 The Director shall not issue a registration certificate for any point source if: 2. The source is located in any designated nonattainment area and: a. The lowest achievable emission rate for each nonattainment pollutant from t he source is not defined and adopted as an emission limitation for the source; b. Any other source within this state which is owned, operated or controlled by the applicant is not in compliance or on a schedule of compliance with these regulations and all other applicable emission limitations or variances as provided in NRS 445.506 to 445.521, inclusive; c. The total allowable emissions of each nonattainment pollutant from (1) the existing sources in the area, (2) those
sources in the area which have rece ived their respective registration certificates and (3) the proposed source will not be sufficiently less, by the time the proposed source is to commence operation, than the total emissions from (1) the existing sources and (2) those sources in the area wh ich have received their respective registration certificates before the proposed source makes application for its registration certificate, so that reasonable further progress is achieved;
d. The emissions from the source will cause or contribute to emiss ion levels which exceed the allowance permitted for such a pollutant for the nonattainment area. (c)(18)(i)

13.2 A user of any of the following new single sources or modifications to an existing single source which would cause increases to existing sing le sources as specified below shall submit an evaluation with its application or applications for registration. (c)(16)(viii)

13.2.1 Any single source which is allowed an emission of an air contaminant of greater than 10.5 kilograms (23 pounds) per hou r. (c)(16)(viii)
13.2.2 Any combination of single sources located at a single premise which is allowed emission of an air contaminant of greater than 10.5 kilograms (23 pounds) per hour (c)(16)(viii)

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

1. An applicant for an operating permit, a revision to an operating permit or a request for a change of location, which is not subject to the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221 , must submit with the application an
environmental evaluation for: (a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a regulate d air pollutant per

year; (b) A modification to an existing stationary source that meets the following criteria: (1) The existing stationary source has the potential to emit greater than 25 tons of a regulated air pollutant per year; and (2) The proposed modification has the potential to emit greater than 10 tons of a regulated air pollutant per year; (c) The approval of a plantwide applicability limitation or the approval to allow a plantwide applicability limitation to expire and not be renewed; or (d) Upon written notice from the Director, any other source or combination of sources.
2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental 77FR59321
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CFR
52 .1490
and or FR 2 

### Article # NAC #

evaluation with the application. Within 30 days after receipt of a written request for an exemption, the Director shall grant or deny the request and notify the owner or operator in writing of his determination. If such an exemption is granted, the Direc tor shall perform the environmental evaluation. [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11

- 7

- 75; A 12

- 15

- 77; renumbered as § 13.2, 8

- 28

- 79; § 13.3.1, eff.
11

- 7

- 75; A 12

- 15

- 77; renumbered as § 3.2.1, 8

- 28

- 79; § 13.3.2, eff. 11

- 7

- 75; A 12

- 15

- 77; renumbered a s § 13.2.2, 8

- 28

- 79; § 13.3.3, eff. 11

- 7

- 75; renumbered as § 13.2.3, 8

- 28

- 79]

— (NAC A 9

- 19

- 90; R 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R105

- 97,
3

- 5

- 98; R125

- 04, 9

- 24

- 2004; R096

- 05, 10

- 31

- 2005; R139

- 06, 9

- 18

- 2006)
44 5 B.311 (Superseded
A rticle 13.3) Environmental evaluation: Contents; consideration of good engineering practice stack height.

1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 445B.308 to 445B.314 , inclusive, or as required by the Director must contain a careful and detailed assessment of the environmental aspects of the proposed stationary source and must also contain: (a) The name and address of the applicant; (b) The name, address and location of the stationary source; (c) A description of the p roposed stationary source, including the normal hours of operation of the facility and the general types of activities to be performed; (d) A map showing the location of the stationary source and the topography of the area, including existing principa l streets, roads and highways within 3 miles of the stationary source; (e) A site plan showing the location and height of buildings on the site; (f) Any additional information or documentation which the Director deems necessary to determine the e ffect of the stationary source on the quality of the ambient air, including measured data on the quality of the ambient air and meteorological conditions at the proposed site before construction or modification; and (g) A dispersion analysis of each r egulated air pollutant.
2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project.
3. An environmental evaluation must a lso consider good engineering practice stack height. If the Director considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b)
of subsection 1 of NAC 445B.083 , the Director shall: (a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of
NAC 445B.083 ; and (b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395

. 4. A dispersion analysis used to determine the location and estimated value of the highest concen tration of each regulated air pollutant must include: (a) A dispersion model based on the applicable models, bases and other requirements specified in the “Guideline on Air 77FR59321
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CFR
52 .1490
and or FR 2 

### Article # NAC #

Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by refer ence in NAC 445B.221 , except that the Director may authorize the modification of a model specified in the “Guideline on Air Quality Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director: (1) Determines that the modification or use is appropriate; (2) Obtains written approval of the modification or use from the Administrator; and (3) Provides notice of and establishes a 30

- day period for comment in accordance with the appli cable provisions of
NAC 445B.3364

, 445B.3395

, 445B.3447

, 445B.3457 or 445B.3477 ; (b) A narrative report describing: (1) If applicable, assumptions and premises used in the analysis, including, without limitation: (I) Model options chosen; (II) Urban versus rural selection; (III) Backg round concentrations; (IV) Characterization of emission sources as point, area or volume; (V) Emission discharge points; and (VI) Rate of emission from each emission unit; and (2) The geographic area c onsidered in the analysis, including, without limitation, information concerning: (I) The nearest significant terrain features; (II) The receptor grid or grids; and (III) Restrictions on public access to the sta tionary source; and (c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by
reference in NAC 445B.221 , which: (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in
NAC 445B.221 : (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC
445B.308 , and which covers a period of not less than 1 year; (II) Has been obtained from an off

- site location representative of the proposed site and which covers a period of not less than 1 year; ( III) Represents the worst

- case meteorological conditions, as approved by the Director for synthetic data; or (IV) Has been obtained over the last 5 years at the nearest National Weather Service site; or (2) For sources that are sub ject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC
445B.221 , is representative of the source site location and source emissions and which covers a period of not less than 1 year. [ Environmental Comm’n, Air Quality Reg. § 13.4.1, eff. 11

- 7

- 75; A 12

- 15

- 77; renumbered as § 13.3.1, 8

- 28

- 79; § 13.4.1.1, eff. 11

- 7

- 75; A 12

- 15

- 77; renumbered as § 13.3.1.1, 8

- 28

- 79; § 13.4.1.4, eff. 11

- 7

- 75; renumbered as § 13.3.1.2, 8

- 28

- 79]

— (NAC A 10

- 30

- 9 5; R103

- 02, 12

- 17

- 2002; R096

- 05, 10

- 31

- 2005; R151

- 06, 9

- 18

- 2006; R126

- 10, 12

- 16

- 2010)

### B

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CFR
52 .1490
and or FR 2 

### Article # NAC #

445B.313 Method for determining maximum heat input: Class I sources. For the purposes of determining the effects of Class I

sources on the quality o f ambient air and determining the applicability of a federally enforceable standard or requirement to an emission unit, the maximum heat input will be determined by:
1. Multiplying the maximum fuel rate as determined by the manufacturer by the total calorific value of the fuel as determined by using the appropriate method of ASTM International; or
2. An alternative method specified by the Director as a condition c ontained in the operating permit of the Class I source. [Environmental Comm’n, Air Quality Reg. § 13.3.4, eff. 12

- 15

- 77; renumbered as § 13.2.4, 8

- 28

- 79]

— (NAC A 9

- 19

- 90;
3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95; R040

- 01, 10

- 25

- 2001; R103

- 02, 12

- 17

- 2002; R142

- 0 7, 4

- 17

- 2008; R126

- 10, 12

- 16

- 2010) 77FR59321
9/27/2012

445B.3135 Method for determining heat input: Class II sources. For the purposes of determining the effects of a Class II source on the

quality of ambient air pursuant to NAC 445B.308

, 445B.310 and 445B.311 , the heat input is th e aggregate heat content of all combusted fuels, or the guaranteed maximum input of the manufacturer or designer of the equipment, whichever is greater. The total heat input of all fuel

- burning units in a plant or on the premises must be used to determine the maximum amount of a regulated air pollutant which may be emitted. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002) 77FR59321
9/27/2012

445B.314 Method for determining heat input: Class III sources. For the purposes of determini ng the effects of a Class III source on

the quality of ambient air pursuant to NAC 445B.308

, 445B.310 an d 445B.311 , the heat input is the aggregate heat content of all combusted fuels, or the guaranteed maximum input of the manufacturer or designer of the equipment, whichever is grea ter. The total heat input of all fuel

- burning units in a plant or on the premises must be used to determine the maximum amount of a regulated air pollutant which may be emitted. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002) 77FR59 321
9/27/2012

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

1. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to operating

perm its to construct.
2. The Director shall cite the legal authority for each condition contained in an operating permit.
3. An operating permit must contain the following conditions: (a) The term of the operating permit is 5 years. (b) T he holder of the operating permit shall retain records of all required monitoring data and supporting information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting information includes all records regarding ca libration and maintenance of the monitoring equipment and all original strip

- chart recordings for continuous monitoring instrumentation. (c) Each of the conditions and requirements of the operating permit is severable, and if any are held invalid, the remaining conditions and requirements continue in effect. (d) The holder of the operating permit shall comply with all conditions of the operating permit. Any noncompliance constitutes a violation and is a ground for: 77FR59321
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CFR
52 .1490
and or FR 2 

### Article # NAC #

(1) An action for nonc ompliance; (2) Revising, revoking, reopening and revising, or terminating the operating permit by the Director; or (3) Denial of an application for a renewal of the operating permit by the Director. (e) The need to halt or reduce a ctivity to maintain compliance with the conditions of the operating permit is not a defense to noncompliance with any condition of the operating permit. (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating per mit for cause. (g) The operating permit does not convey any property rights or any exclusive privilege. (h) The holder of the operating permit shall provide the Director, in writing and within a reasonable time, with any
information that the Dire ctor requests to determine whether cause exists for revising, revoking and reissuing, reopening and revising, or terminating the operating permit, or to determine compliance with the conditions of the operating permit. (i) The holder of the operating permit shall pay fees to the Director in accordance with the provisions set forth in NAC
445B.327 and 445 B.331

. (j) The holder of the operating permit shall allow the Director or any authorized representative, upon presentation of credentials, to: (1) Enter upon the premises of the holder of the operating permit where: (I) The s tationary source is located; (II) Activity related to emissions is conducted; or (III) Records are kept pursuant to the conditions of the operating permit; (2) Have access to and copy, during normal business hours, a ny records that are kept pursuant to the conditions of the operating permit; (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regul ated or required pursuant to the operating permit; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the operating permit or applicable requirements. (k) A responsible off

icial of the stationary source shall certify that, based on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit are true, accurate and complete. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R103

- 02,
12

- 17

- 2002; R189

- 05, 5

- 4

- 2006)
445B.318 (Superseded
445.707 (1) and (2) ; 445.712; Operating permits: Requirem ent for each source; form of application; issuance or denial; posting.

1. An operating permit is required for each new or existing stationary source.
2. Application for the issuance of an operating permit or a replacement for a lost or damaged operating permit must be submitted in writing to the Director on the exact form provided by him.
3. An operating permit must be granted if the Director finds from a stack emission test or other appropriate test and other 77FR59321
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CFR
52 .1490
and or FR 2 

### Article # NAC #

445.714 ) relevant information that us e of the stationary source will not result in any violation of the air quality regulations or the

provisions of 40 C.F.R. § 52.21 or 40 C.F.R. Parts 60, 61 and 63, adopted by reference in NAC 445B.221

. 4. A denial of an application for an operating permit must be accompanied by a statement of the reasons for the denial, and, if the Director has relied in his decision upon information not contained in the application, the state ment of reasons must identify and state the substance of such information.
5. Operating permits must be posted conspicuously at or near the stationary source. [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11

- 7

- 75; § 3.4.7, eff. 11

- 7

- 75;
A 8

- 28

- 79]

— (NAC A 10

- 22

- 87; 12

- 15

- 88; 9

- 19

- 90; R 12

- 13

- 93, eff. 11

- 15

- 94; A 10

- 30

- 95; R189

- 05, 5

- 4

- 2006; R151

- 06, 9

- 18

- 2006)
445B.319 Operating permits: Administrative amendment.

1. The hold er of an operating permit may request or the Director may initiate an administrative amendment of an operating permit to: (a) Correct typographical errors; (b) Identify a change in the name, address or telephone number of any person identified in the operating permit, or provide a similar minor administrative change at the stationary source; (c) Require more frequent monitoring or reporting by the holder of the operating permit; (d) Add the serial numbers of specific pieces of equipment which were not available at the time of the issuance of or revision of the operating permit; or (e) Allow for a change in ownership or operational control of a stationary source if the Director determines that no other change in the operating permit i s necessary. A person who requests an administrative amendment pursuant to this paragraph must submit to the Director a written agreement specifying a date for the transfer of responsibility for the operating permit and an agreement between the current and the new holder of the operating permit regarding insurance coverage and liability.
2. A holder of an operating permit must request an administrative amendment on an application provided by the Director. The application must be accompanied by a fee i n the amount specified in NAC 445B.327

. 3. The Director shall: (a) Issue or deny an application for an administrative amendment within 30 days after receipt of the appli cation. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 11

- 15

- 94; A 3

- 29

- 94, eff. 11

- 15

- 94; 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R019

- 99, 9

- 27

- 99; R125

- 04, 9

- 24

- 2004) 77FR59321
9/27/2012

445B.325 (Superseded 445.715) Operating permits: Termination, reop ening and revision, revision, or revocation and reissuance.

2. An operating permit may be terminated, reopened and revised, revised, or revoked and reissued if: (a) The Director or the Administrator determines that the operating permit contains a material mistake or is based on inaccurate statements; (b) The Director or the Administrator determines that the operating permit, as written, does not ensure compliance with all applicable requirements; or 77FR59321
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and or FR 2 

### Article # NAC #

(c) The Director determines that ther e has been a violation of any of the provisions of NAC 445B.001 to 445B.3689

, inclusive, any applicable requirement, or any condition contained in the operating permit.
5. If the Director reopens an operating permit, he shall revise only those portions of the operating permit for which cause
exists.
6. The reopening of an operating permit purs uant to this section must comply with all of the relevant requirements for the issuance or revision of a permit, including the requirements related to the content of the permit and the requirements for no tice, public participation and comment, and a review by any affected states. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010)
445B.331 (Superseded 445.716) Request for change of location of emission unit. A request for a change of the location of an emission unit must be made in

writing to the Director and submitted with the fee for each operating permit at least 10 days before each change of location. An

own er or operator must not operate th e emission unit at the new locat ion until the Director approves the location. (Added to NAC by Environmental Comm’n, eff. 12

- 15

- 88; A 9

- 13

- 91; 11

- 23

- 92; 12

- 13

- 93; 12

- 13

- 93, eff. 7

- 1

- 94; 10

- 30

- 95; 5

- 3

- 96; R019

- 99, 9

- 27

- 99; R117

- 00, 6

- 1

- 2001; R103

- 02, 12

- 17

- 2002; R151

- 06, 9

- 18

- 2006) 77FR59321
9/27/2012



### Class I Operating Permits

445B.3361 General requirements.

1. To establish a new Class I stationary source or modify an existing Class I stationary source, the own er or operator of a proposed new Class I stationary source or the existing Class I stationary source must: (a) Apply for and obtain a new or revised: (1) Operating permit to construct pursuant to NAC 445B.001 to 445B.3689 , inclusive; or (2) Class I operating permit pursuant to NAC 445B.001 to 445B.3689 , inclusive; and
2. To establish a plantwide applicability limitation, the owner or operator of a Class I stationary source must apply for and obtain a Class I operating permit to construct for the approval of the plantwide applicability limitation pursuant to NAC
445B.001 to 445B.3689 , inclusive. To revise or renew a Class I operating permit to construct for the approval of a plantwide applicability limitation, the owner or operator of a Class I stationary source must apply for and obtain a revised or renewed Class I operating permit to construct for the approval of a plantwide applicability limitation pursuant to NAC 445B.001 to 445B.3689 , inclusive.
3. Except as otherwise provided in subsection 5, if an owner or operator obtains an operating permit to construct, the owner or operator is not required to obtain an operating per mit or revised operating permit before commencing initial construction, start

- up and operation of the proposed new Class I stationary source or the modification to the existing Class I stationary source.
4. Except as otherwise provided in this subsec tion and subsections 5 and 6, if an owner or operator has a valid operating permit to construct, the owner or operator may continue to operate a new Class I stationary source or modifications to an existing Class I stationary source under that operating pe rmit to construct if the owner or operator submits a complete 77FR59321
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and or FR 2 

### Article # NAC #

application for a Class I operating permit within 12 months after the date of initial start

- up of the new Class I stationary source or modifications to the existing Class I stationary source. Th e provisions of this subsection do not apply to a Class I operating permit to construct for the approval of a plantwide applicability limitation.
5. If the conditions of an existing Class I operating permit would prohibit the construction or change i n operation of the existing Class I stationary source and the owner or operator is not seeking to revise the Class I operating permit at the Cla ss I stationary source pursuant to subparagraph (2) of paragraph (a) of subsection 1, the owner or operator must concurrently: (a) For the construction or change in operation of the existing Class I stationary source: (1) Obtain a Class I operating permit to construct; or (2) If the construction or change in operation involves mercury emissi ons from a thermal unit that emits mercury, obtain a mercury operating permit to construct pursuant to NAC 445B.3611 to 445B.3689 , inclusive; and (b) Obtain an administrative revision to an operating permit to incorporate the conditions of the Class I operating permit to construct into the existing Class I operating permit pursuant to NAC 445B.3441 before commencing with the construction or change in operation of the existing Class I stationary source. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A b y R125

- 04, 9

- 24

- 2004; R189

- 05, 5

- 4

- 2006;
R139

- 06 & R162

- 06, 9

- 18

- 2006; R040

- 10, eff. 7

- 22

- 2010)
445B.3363 Operating permit to construct: Application.

1. Except as otherwise provided in NAC 445B.33637 , in addition to the information required pursuant to NAC 445B.295

, an application for a Class I operating permit to construct or f or a revision of a Class I operating permit to construct must
include: (a) Descriptions of all emissions of any regulated pollutants for which the source is defined as a major source. (b) A description of all emissions of regulated air pollutants from all emission units. (c) An identification and a description of all points of emissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basi s for the applicability of
standards and fees. (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable requirement. The emission rates must be described in tons per year and in such terms as are necessary to establish compliance using the applicable standard reference test method. (e) Any other information required by any applicable requirement. (f) The calculations on which the information described in this subsection are b ased. (g) Citations to and a description of all applicable requirements. (h) A reference to any applicable test method used for determining compliance with each applicable requirement.
2. Except as otherwise provided in NAC 445B.33637 , in addition to the information required pursuant to subsection 1, an application for a Class I operating permit to construct must contain: (a) For a proposed new major stationar y source, a proposed major modification to an existing stationary source or a major 77FR59321
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# State Implementation Plan Text of Regulations and Articles: Cite: 40
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and or FR 2 

### Article # NAC #

modification at an existing major stationary source: (1) All information required pursuant to 40 C.F.R. § 52.21; (2) A description of all emissions of e ach regulated pollutant: (I) For which the source is a major stationary source; or (II) That will, because of the major modification, result in a significant emissions increase or a significant net
emissions increase in accord ance with 40 C.F.R. § 52.21(a)(2); (3) A description of all emissions of each regulated pollutant associated with the major modification; (4) A description of each hydrographic area that may be triggered for increment consumption; and (5) Any other information that the Director determines is necessary to process the application. (b) For a proposed new major source or a proposed modification which is not a major modification: (1) All information required by NAC 445B.308 to 445B.311 , inclusive; (2) Any other information that the Director determines is neces sary to process the application; and (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503. (c) For a source, or propo sed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive: (1) All information required by 40 C.F.R. § 63.43(e); and (2) Any other information that the Director determines is necessary to process the application. (d) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive: (1) All information required by 40 C.F.R. § 63.53; and (2) Any other information that the Director determines is necessar y to process the application.
3. Except as otherwise provided in NAC 445B.33637 , in addition to the information required pursuant to subsections 1 and 2, an application for a Class I operating permit to construct for a modification at an existing major stationary source that is not a major modification must contain: (a) All applicable information required to determine whether the project or modification will result in a significant emissions increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2); (b) A description of the project or modification, including all emission units; (c) A description of the applicable procedures use d to determine that the project or modification is not a major modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2); (d) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. § 52.21(a) (2), including detailed information for expected and highest projections of any business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and (f) Deta iled information used to demonstrate that emissions increases associated with any increased utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or

### B

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and or FR 2 

### Article # NAC #

modification, including any in creased utilization due to product demand growth, in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of paragraphs (d), (e) and (f), the application must contain information on the potential of the unit to emit in accordance with 40 C.F.R. § 52 .21(b)(41)(ii)(d).
4. Except for a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, in addition to the information required pursuant to subsections 1, 2 and 3, an application for an operating permit to construct must include an environmental evaluation pursuant to NAC 445B.308

, 445B.310 and
445B.311

. 5. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21, as adopted by reference in NAC
445B.221

. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R125

- 04, 9

- 24

- 2004; R139

- 06 & R151

- 06,
9

- 18

- 2006; A by R147

- 09, eff. 1

- 28

- 2010)
445B. 33637 Operating permit to construct for approval of plantwide applicability limitation: Application.

1. In addition to the requirements set forth in subsection 1 of NAC 445B.2 97

, an application for a Class I operating permit to construct for the approval of a plantwide applicability limitation for a major stationary source must contain: (a) All the information required pursuant to 40 C.F.R. § 52.21(aa)(3) and all the info rmation necessary to establish the plantwide applicability limitation in accordance with the requirements of 40 C.F.R. § 52.21(aa)(4); (b) A description of each pollutant for which the owner or operator is requesting a plantwide applicability limitati on; (c) For each pollutant described in paragraph (b), the proposed plantwide applicability limitation for the entire major stationary source; (d) A monitoring plan that will be used to make an accurate determination of the plantwide emissions su bject to the plantwide applicability limitation as specified in 40 C.F.R. § 52.21(aa)(12). The monitoring plan must identify, without
limitation: (1) The monitoring approach proposed for each emission unit; (2) The minimum performance r equirements of each such approach; (3) The basis for any emissions factors proposed; and (4) Any emission unit for which the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide applicabi lity limitation at all operating points; (e) If the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide applicability limitation at all operating points as identified in paragraph (d) and the owner or operator requests to establish default values for determining compliance with the plantwide applicability limitation, any proposed default values to be used for determining compliance with the plantwide applicability limitation based on the highest potenti al emissions potentially operated for each emission unit; (f) A description of the calculation procedures that the source will use to convert monitored data into monthly emissions on 77FR59321
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Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

a 12

- month rolling period; (g) A description of any emission un its that were permanently shut down after the baseline actual emissions period and the associated emissions; (h) A description of any emission units for which construction began after the baseline actual emissions period and the associated emissions; and (i) Any other requirements or information that the Director determines is necessary to implement and enforce the plantwide applicability limitation.
2. An application for a Class I operating permit to construct to allow a plantwide applicabi lity limitation to expire and not
be renewed must contain: (a) A description of the proposed distribution of the emissions allowed by the plantwide applicability limitation for each emission unit or group of emission units at the major stationary sour ce; and (b) A description of the proposed methods for complying with the distribution of the allowable emissions provided in paragraph (a).
3. In addition to the information required pursuant to subsection 1, an application for a Class I operati ng permit to construct for the renewal of a plantwide applicability limitation must contain the information required pursuant to 40 C.F.R. § 52.21(aa)(10) for each plantwide applicability limitation pollutant.
4. In addition to the information requir ed pursuant to subsection 1, an application for a Class I operating permit to construct for increasing a plantwide applicability limitation must contain all the information required pursuant to 40 C.F.R. § 52.21(aa)(11). (Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004)
445B.3364 (Superseded
445 .707(3)

- (5)) Operating permit to construct: Action by Director on application; notice; public comment and hearing.

1. Except for sources that are subject to the perm itting requirements set forth in 40 C.F.R. § 52.21 or sources subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, within 45 days after the date of receipt of an application for a Class I operati ng permit to construct or for the revision of a Class I operating permit to construct, the Director shall determine if the application is complete. If substantial additional information is required, th e Director shall determine that the application is inco mplete and return the application to the applicant. If substantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 45 days after t he date of receipt of the application, the official date of submittal of the application shall be deemed to be the date on which the Director determines that the application is complete or the 46th day after the date of receipt, whichever is earlier. Withi n 90 days after the official date of submittal, the Director shall make a preliminary determination to issue or deny a Class I operating permit to construct or a revision of a Class I operating permi t to

construct. 2. For sources subject to the permi tting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of receipt of an application for a Class I operating permit to construct or for the revision of a Class I operating permit to construct, the 77FR59321
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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

Director shall determine whether t he application contains adequate information to process the application. The official date of submittal of the application shall be deemed to be 31 days after the date of receipt, unless the Director determines before t hat
date that substantial additional information is required. If the Director determines that substantial additional information is required, the Director shall return the application to the applicant. The Director shall require the applicant to submit a ne w application, or the applicant may formally withdraw the application. Within 180 days after the official date of submittal, the Director shall make a preliminary determination to issue or deny an operating permit to construct or a revision of an operati ng permit to construct. For the purpos es of 40 C.F.R. § 52.21, the application shall be deemed to be complete on the date that the Director makes the preliminary determination to issue or deny a Class I operating permit to construct or a revision of an operating permit to construct.
3. F or sources subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, within 30 days after the date of receipt of an application for a Class I operating permit to construct or for the
revision of a Cla ss I operating permit to construct, the Director shall determine whether the application is complete. If substantial additional information is required, the Director shall determine that the application is incomplete and return th e application to the appli cant. If substantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 30 days after the date of receipt of th e application, the off

icial date of submittal of the application shall be deemed to be the date on which the Director determines that the application is complete or the 31st day after the date of receipt, whichever is earlier. Within 180 days after the o fficial
date of submitta l, the Director shall make a preliminary determination to issue or deny the Class I operating permit to construct or the revision of the Class I operating permit to construct.
4

. For the submittal of an application for a Class I operating permit to co nstruct for the approval of a plantwide applicability limitation, within 30 days after the date of receipt of such an application, the Director shall determine if th e application is complete. If substantial additional information is required, the Director shall determine that the application is incomplete and return the application to the applicant. If substantial additional information is not required, the Director s hall determine the application to be complete. Unless the Director determines that the appl ication is incomplete within 30 days after the date of receipt of the application, the official date of submittal of the application shall be deemed to be the dat e on which the Director determines that the application is complete or the 31st day after the date of receipt, whichever is earlier. Within 120 days after the official date of submittal, the Director shall make a preliminary determination to issue or deny th e Class I operating permit to construct for the approval of a plantwide applicability limita tion.
5. If, after the official date of submittal, the Director discovers that additional information is required to act on an application, the Director may request additional information necessary to determine whether the proposed operation will

com ply with all of the requirements set forth in NAC 445B.001 to 445B.3689 , inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request of the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the action of the Director on the application
submitted to the Director.

### B

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Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

6. The Director’s review and preliminary intent to issue or deny an operating permit to construct or a revision of an operating permit to construct and the proposed conditions for the operating permit to co nstruct must be made public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City,
Nevada 89701

- 5249 and in the air quality region where the source is located for 30 days to enable public and EPA participation and comment.
7. The Director shall: (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the stationary source is located or in a state publication designed to give general public notice; (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list; (c) Provide notice by other means if necessary to ensure that ad equate notice is given to the public; (d) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to construct and the proposed operating permit to construct to the Administrator; (e) Provide a copy of the Direct or’s preliminary intent to issue or deny the operating permit to construct to each affected local air pollution control agency; (f) Establish a 30

- day period for comment from the public and the EPA; and (g) If the application is for an administra tive revision to a Class I operating permit, provide written notice to each affected

state. 8. In addition to the requirements set forth in subsection 7, the notice required for a Class I operating permit to construct or
for a revision of a Class I o perating permit to construct must: (a) Identify the affected facility and the name and address of the applicant; (b) Identify the name and address of the authority processing the Class I operating permit to construct; (c) Identify the activi ty or activities involved in the Class I operating permit to construct and the change of emissions involved in any revision of the Class I operating permit to construct; (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable; (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the proposed conditions for the Class I operating permit to construct, the application, all relevant supporting materials and all other materials which are available to the authority that is processing the Class I operating permit to construct and which are relevant to the determination of the issuance of the Class I operating p ermit to
construct; (f) Include a brief description of the procedures for public comment and the time and place of any hearing that may be held, including a statement of the procedures to request a hearing; and (g) If applicable, include a descri ption of any revisions to a Class I operating permit resulting from an administrative revision to the Class I operating permit.

### B

- 75

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

9. All comments concerning the Director’s review and the preliminary intent for the issuance or denial of a Class I operat ing permit to construct or of a revision of a Class I operating permit to construct must be submitted in writing to the Director within 30 days after the public announcement. The Director shall give notice of any public hearing at least 30 days
before the date of the hearing. The Director shall keep a record of the names of any persons who made comments and of the issues raised during the process for public participation.
10. Except as otherwise provided in subsections 11 to 14, inclusive, within 180 days after the official date of submittal of an application for an operating permit to construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating permit to construct or the new revision of a Cla ss I operating permit to construct. The Director shall make his decision by taking into account: (a) Written comments from the public; (b) Comments made during public hearings concerning the application and the Director’s preliminary determination for
issu ance or denial; (c) Information submitted by proponents of the project; and (d) The effect of such a facility on the maintenance of the state and national ambient air quality standards contained in NAC
445B.22097 and the applicable state implementation plan.
11. Except as otherwise provided in subsection 12, for sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 12 months after the official date of submittal of an application for an operating permit to construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating permit to construct or the new revision of a Class I operating perm it to construct.
12. The Director shall issue or deny a Class I operating permit to construct for the approval of a plantwide applicability limitation within 30 days after the close of the period for public participation or 30 days after the hearing, if a hearing is scheduled pursuant to this section, whichever occurs later. 13. For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, within 12 months afte r the official date of submittal of an application for an operating permit to construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating permit to construct or the new revision of a Class I operating permit to construct

. 14

. The Director shall not issue an administrative revision to a Class I operating permit if the Administrator objects to the issuance of the administrative revision in writing within 45 days after the Administrator’s receipt of the proposed revision conditions for the Class I operating permit and the necessary supporting information.
15. Any person may petition the Administrator to request that the Administrator object to the issuance of an administrative
revisi on to a Class I operating permit as provided in 40 C.F.R. § 70.8(d).
16. If, on his own or pursuant to a request by a person pursuant to subsection 15, the Administrator objects to the issuance of an administrative revision to a Class I operating per mit, the Director shall submit revised proposed conditions for the Class I operating permit in response to the objection within 90 days after the date on which he is notified of the objection.

### B

- 76

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R198

- 03, 4

- 26

- 2004; R125

- 04, 9

- 24

- 2004;
R139

- 06 & R151

- 06, 9

- 18

- 2006; R142

- 07, 4

- 17

- 08; R147

- 09, 1

- 28

- 2010)
445B.3365 Operating permit to construct: Contents; noncompliance with conditions. Except as otherwise provided i n NAC

445B.33656 : 1. The Director shall cite the legal authority for each condition contained in an operating permit to construct.
2. An operating permit to construct must contain the following conditions: (a) The expiration date of the operating permit to construct must be defined as described in NAC 445B.3366

. (b) The holder of the operating permit to construct shall retain records of all required monitoring data and supporting information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting information includes, without limitation, all re cords regarding calibration and maintenance of the monitoring equipment and all original strip

- chart recordings for continuous monitoring instrumentation. (c) Each of the conditions and requirements of the operating permit to construct is severable, a nd if any is held invalid, the remaining conditions and requirements continue in effect. (d) The holder of the operating permit to construct shall comply with all conditions of the operating permit to construct. Any noncompliance constitutes a violati on and is a ground for: (1) An action for noncompliance; (2) The revoking and reissuing, or the terminating, of the operating permit to construct by the Director; or (3) The reopening or revising of the operating permit to co nstruct by the holder of the operating permit to construct as directed by the Director. (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit to construct is no t a defense to noncompliance with any condition of the operating permit to construct. (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit to construct for cause. (g) The operating permit to construct does not convey any property right s or any exclusive privilege. (h) The holder of the operating permit to construct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or te rminating the operating permit to construct, or to determine compliance with the conditions of the operating permit to construct. (i) The holder of the operating permit to construct shall allow the Director or any authorized representative of the Dire ctor, upon presentation of credentials, to: (1) Enter upon the premises of the holder of the operating permit to construct where: (I) The stationary source is located; (II) Activity related to emissions is conducted; or (III) Records are kept pursuant to the conditions of the operating permit to construct; (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the operating permit to construct; 77FR59321
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Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit to construct; an d (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the operating permit to construct or applicable requirements. (j) A responsible official of the stationary source shall cer tify that, based on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit to construct are true, accurate and complete.
3. An operating permit t o construct must contain: (a) All applicable requirements, emission limits and standards; (b) Monitoring methods adequate to show compliance; (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and (d) Any o ther requirements deemed necessary by the Director. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R125

- 04, 9

- 24

- 2004; R189

- 05, 5

- 4

- 2006;
R139

- 06, 9

- 18

- 2006)
445B.33656 Operating permit to construct for a pproval of plantwide applicability limitation: Contents; noncompliance with

conditions.
1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construct for the approval of a plantwide applicabil ity limitation.
2. A Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the following conditions: (a) The expiration date of the Class I operating permit to construct must be determined in accordance with subsection 5 of
NAC 445B.3366

. (b) The holder of the Class I operating permit to construct shall retain records pursuant to 40 C.F.R. § 52.21(aa)(13). ( c) Each of the conditions and requirements of the Class I operating permit to construct is severable, and if any is held invalid, the remaining conditions and requirements continue in effect. (d) The holder of the Class I operating permit to construct shall comply with all conditions of the Class I operating permit to construct. Any noncompliance constitutes a violation and is a ground for: (1) An action for noncompliance; (2) The revoking and reissuing, or the terminating, of the C lass I operating permit to construct by the Director; or (3) The reopening or revising of the Class I operating permit to construct by the holder of the Class I operating permit to construct as directed by the Director. (e) The need to halt or reduce activity to maintain compliance with the conditions of the Class I operating permit to construct is not a defense to noncompliance with any condition of the Class I operating permit to construct. (f) The Director may revise, revoke and reis sue, reopen and revise, or terminate the Class I operating permit to construct 77FR59321
9/27/2012

### B

- 78

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

for cause. (g) The Class I operating permit to construct does not convey any property right or exclusive privilege. (h) The holder of the Class I operating permit to c onstruct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or terminating the Class I operating permit to construct, or to determine complianc e with the conditions of the Class I operating permit to construct. (i) The holder of the Class I operating permit to construct shall allow the Director or any authorized representative of the Director, upon presentation of credentials, to: (1) Enter upon the premises of the holder of the Class I operating permit to construct where: (I) The stationary source is located; (II) Activity related to emissions is conducted; or (III) Records are kept purs uant to the conditions of the Class I operating permit to construct; (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the Class I operating permit to construct; (3) Inspe ct, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuant to the Class I operating permit to construct ; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the Class I operating permit to construct or applicable requirements. (j) A responsible official of the stationary source shall certify that, bas ed on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the Class I operating permit to construct are true, accurate and complete.
3. In addition to the requirem ents established in subsections 1 and 2, a Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the information set forth in 40 C.F.R. § 52.21(aa)(7) as adopte d by reference in NAC 445B.221

. (Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004; A by R189

- 05, 5

- 4

- 2006; R139

- 06, 9

- 18

- 2006)
445B.3366 (Superseded
NAC 445 .707(6)) Expiration an d extension of operating permit to construct; expiration and renewal of plantwide applicability

limitation.
1. If construction will occur in one phase, an operating permit to construct for a new or modified stationary source expires
if construction is not commenced within 18 months after the date of issuance thereof or construction of the facility is delayed for 18 months after initiated. The Director may extend the date on which the construction may be commenced upon a showing
that the extension is justified.
2. If construction will occur in more than one phase, the projected date of the commencement of construction of each phase of construction must be approved by the Director. An operating permit to construct expires if the initial phase of

c onstruction is not commenced within 18 months after the projected date of the commencement of construction approved by the Director. The Director may extend only the date on which the initial phase of construction may be commenced upon a 77FR59321
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Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

showing that the e xtension is justified.
3. An operating permit to construct issued to a new major stationary source or issued for a major modification to an existing stationary source that is subject to the permitting requirements set forth in 40 C.F.R. § 52.21 is su bject to the expiration requirements established in 40 C.F.R. § 52.21(r)(2).
4. Except as otherwise provided in this subsection, an operating permit to construct expires if a complete application for a Class I operating permit or modification of an e xisting Class I operating permit is not submitted within 12 months after the
date of initial start

- up. The provisions of this subsection do not apply to a Class I operating permit to construct for the approval of a plantwide applicability limitation.
5. A plantwide applicability limitation expires at the end of the plantwide applicability limitation effective period in accordance with 40 C.F.R. § 52.21(aa)(9), unless the plantwide applicability limitation is renewed pursuant to subsection 3 o f
NAC 445B.33637 . If the owner or operator is not going to renew the plantwide applicability limitation, the operating permit for the Class I stationary source must be revised to incorpor ate the redistribution of the emissions allowed by the plantwide applicability limitation that is expiring in accordance with subsection 2 of NAC 445B.33637 . For the purposes of this subsection, “plantwide applicability limitation effective period” means the “PAL effective period” as that term is defined in 40 C.F.R. § 52.21(aa)(2)(vii). (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R125

- 04, 9

- 24

- 200 4; R139

- 06, 9

- 18

- 2006)
445B.3368 Additional requirements for application; exception.

1. The information otherwise required by this section is not required if the owner or operator applied for an operating permit to construct an d no changes have been made to the facility. The information provided in the application for the operating permit to construct must be resubmitted as part of the Class I operating permit application.
2. In addition to the information required pursuan t to NAC 445B.295 , an application for a Class I operating permit must
include: (a) Descriptions of all emissions of any pollutants for which the source is major and all emissi ons of regulated air pollutants
from all emission units. (b) An identification and a description of all points of emissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in sufficie nt detail to establish the basis for the applicability of
standards and fees. (c) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable requirement. The emission rates must be describe d in tons per year and in such terms as are necessary to establish compliance using the applicable standard reference test method. (d) Any other information required by any applicable requirement. (e) The calculations on which the information in this subsection and subsection 1 are based. (f) Citations to and a description of all applicable requirements. (g) A reference to any applicable test method used for determining compliance with each applicable requirement. 77FR5 9321
9/27/2012

### B

- 80

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(h) A compliance p lan that contains the following: (1) A description of the compliance status of the stationary source with respect to all applicable requirements. (2) A description that includes the following: (I) For the applicable requi rements with which the stationary source is in compliance, a statement that the stationary source will continue to comply with those requirements. (II) For the applicable requirements that may become effective during the term of the permit, a statement that the stationary source will comply with those requirements on a timely basis. (III) For each applicable requirement with which the stationary source will not be in compliance at the time that a permit will be issued, a narrat ive description of how the stationary source will achieve compliance with each such requirement. (3) Schedules of compliance as follows: (I) For the applicable requirements with which the stationary source is in compliance, a state ment that the stationary source will continue to comply with those requirements. (II) For the applicable requirements that may become effective during the term of the permit, a statement that the stationary source will comply with those requ irements on a timely basis, unless the applicable requirement expressly requires a more detailed schedule for compliance. (III) For each applicable requirement with which the stationary source will not be in compliance at the time that a

per mit will be issued, a schedule of compliance for each applicable requirement. Such a schedule must include a schedule of remedial measures, including, without limitation, an enforceable sequence of actions with milestones, leading to compliance with the ap plicable requirements with which the stationary source is not in compliance. If the stationary source is subject to a judicial consent decree or an administrative order regarding its noncompliance, the schedule must resemble and be at least as stringent as any schedule contained in the decree or order. Such a schedule of compliance must be supplemental to, and must not sanction noncompliance with, the applicable requirements on which it is based. (4) A schedule for the submission of certified prog ress reports at least once every 6 months for a schedule of compliance to remedy a violation. Such progress reports must contain the following: (I) Dates for performing activities or achieving milestones or compliance required in the schedul e of compliance, and the dates when the activities, milestones or compliance occurred or were achieved; and (II) An explanation as to why any dates in the schedule of compliance were not or will not be met, and any preventative or corrective measures adopted.

 The content requirements of the compliance plan specified in this paragraph apply and must be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations adopted pursuant to Tit le
IV of the Act with regard to the schedule and methods the source will use to achieve compliance with the emissions limitations relating to acid rain. (i) Requirements for compliance certification, including: (1) A certification of compliance with all applicable requirements by a responsible official, consistent with this section

### B

- 81

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

and 42 U.S.C. § 7414(a)(3); (2) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping and reporting require ments, and methods of testing; (3) A schedule for submission of certifications of compliance during the term of the permit to be submitted not less frequently than annually, or more frequently if so specified by the underlying applicable requirem ent or the permitting authority; and (4) A statement indicating the status of compliance by the stationary source with any applicable enhanced monitoring and compliance certification requirements of the Act.
3. In addition to the informatio n required pursuant to subsections 1 and 2, a Class I

- B application for a Class I operating permit must contain: (a) For a proposed new major stationary source or a proposed major modification to an existing stationary source: (1) All inform ation required pursuant to 40 C.F.R. § 52.21; (2) A description of all emissions of each regulated pollutant for which the source is a major stationary source or that will increase by a significant amount as a result of the major modification; (3) A description of all emissions of each regulated pollutant associated with the major modification; (4) A description of each hydrographic area that may be triggered for increment consumption; and (5) Any other information th at the Director determines is necessary to process the application. (b) For a proposed new major source or a proposed significant revision to an existing stationary source: (1) All information required by NAC 445B.308 to 445B.313 , inclusive; (2) Any other information that the Director determines is necessary to process the applicatio n; and (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503. (c) For a proposed new major source or a proposed signif icant revision to an existing stationary source which is subject to the requirements of 42 U.S.C. § 7412 regarding hazardous air pollutants: (1) All information required by NAC 445B .308 to 445B.313 , inclusive; (2) For a source subject to the requirements of 42 U.S.C. § 7412(g), all information required by 40 C.F.R. § 63.43(e); (3) For a source subject to th e requirements of 42 U.S.C. § 7412(j), all information required by 40 C.F.R. § 63.53; and (4) Any other information that the Director determines is necessary to process the application. (d) For a revision to a Class I operating permit for a modificati on at an existing major stationary source that is not a major
modification: (1) All applicable information required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2); (2) A description of the project or modification, including all emission uni ts; (3) A description of the applicable procedures used to determine that the project or modification is not a major modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

### B

- 82

Approved Reference: 

# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(4) All calculations associated with the procedures required to make th e determinations pursuant to 40 C.F.R. § 52.21(a)(2), including detailed information for expected and highest projections of any business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); (5) Calculations of emissions in accordance with 40 C.F .R. § 52.21(b)(41)(ii)(b); and (6) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed pr oject or modification, including any increased utilization due to product demand growth, in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of subparagraphs (4), (5) and (6), the application must contain information on the potential of the unit to emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).
4. As used in this section, “project” has the meaning established in 40 C.F .R. § 52.21 as adopted by reference in NAC
445B.221

. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R125

- 04, 9

- 24

- 2004 ; R147

- 09, eff. 1

- 28

- 2010)
445B.3375 Class I

- B application: Filing requirement.

1. Except as otherwise provided in subsections 5 and 6 of NAC 445B.3361 , an owner or operator of a sta tionary source
must file a Class I

- B application, on a form provided by the Director, and obtain a Class I operating permit before commencing the construction, reconstruction or modification of: (a) A Class I existing stationary source; (b) A pro posed modification for which a revision of an operating permit is requested pursuant to NAC 445B.3425 or 445B.344 to a Class I stationary source; (c) A modification to a Class II source that results in total emissions of any regulated air pollutant above the thresholds
defined in NAC 445B.094 for a major source; (d) A proposed new Class I stationary source; (e) A proposed new Class I stationary source subject to a standard, a limitation or any other requirement adopted pursuant to 42 U.S.C. § 7411 or 7412, unless the C lass I stationary source is subject only to the requirements of 42 U.S.C. § 7412(r); or (f) A proposed new stationary source which is included in a category of sources designated by the Administrator pursuant to 42 U.S.C. § 7661a(a). (Added to NA C by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R117

- 00, 6

- 1

- 2001; R125

- 04, 9

- 24

- 2004; R139

- 06 & R162

- 06, 9

- 18

- 2006) 77FR59321
9/27/2012

445B.3395 (Superseded 445 .707(3)

- ( 6 )) Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of

permit.
1. Except for sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21 and as otherwise provided in this subsection, within 60 days after the date on which an application for a Class I operating permit or for the significant 77FR59321
9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

revision of a Class I operating permit is received, the Director shall determine whether the application is complete. If
substantial additional info rmation is required, the Director shall determine that the application is incomplete and return the application to the applicant. If substantial additional information is not required, the Director shall determine that the application is complete. Unless t he Director determines that the application is incomplete within 60 days after the date of receipt, the official date of submittal shall be deemed to be the date on which the Director determines that the application is complete or 61 days after the date of receipt, whichever is earlier.
2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of receipt of an application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall determine whether the application contains adequate information to process the application. The official date of submittal of the application shall be deemed to be 31 days after the date of receipt, unless the Director determine s before that date that substantial additional information is required. If the Director determines that substantial additional information is require d, the Director shall return the application to the applicant. The Director shall require the applicant to submit a new application or the applicant may formally withdraw the application.
3. If, after the official date of submittal, the Director discovers that additional information is required to act on the application, the Director may request such addi tional information that is necessary to determine whether the proposed operation will comply with all the requirements set forth in NAC 445B.001 to 445B.3689 , inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request of the Dire ctor. Any delay in the submittal of the reque sted information will result in a corresponding delay in the action of the Director on the application submitted to the Director pursuant to subsection 1 or 2.
4. Except as otherwise provided in this section, within 180 days after the official date o f submittal of an application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall make a preliminary determinati on to issue or deny the Class I operating permit or the revision of the Class I operating permi t. The Director shall give preliminary notice of his intent to issue or deny the Class I operating permit or the revision of the Class I operating permit within 180 days
after the official date of submittal.
5. Within 10 working days after the receip t of an application for a minor revision of a Class I operating permit, the Director shall determine whether the application is complete. If substantial additional information is required, the Director shall determine the application to be incomplete and r eturn the application to the applicant. If substantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 10 working days after the d ate on which the Director receives the application, the official date of submittal is the date on which the Director determines that the application is complete or 11 working days after the date of receipt, whichever is earlier.
6. The Director’s rev iew and preliminary intent to issue or deny a Class I operating permit or the revision of a Class I operating permit and the proposed conditions for the Class I operating permit must be made public and maintained on file with the Director during normal bus iness hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701

- 5249 and in

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

the air quality region where the source is located for 30 days to enable public participation and comment and a review by any
affected states.
7. The Director shall: (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the Class I stationary source is located or in a state publication designed to give general public notice; (b) Provide written n otice to: (1) Persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list; (2) Any affected state; and (3) Any affected local air pollution control agency; (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public and affected states; (d) Provide a copy of the Director’s review of the application, the Director’s preliminary intent to issue or deny the Class I operating permit or the revision of a Class I operating permit, and the proposed Class I operating permit to the Administrato r; and (e) Establish a 30

- day period for public comment.
8. The provisions of subsections 6 and 7 do not apply to: (a) An administrative amendment to a Class I operating permit made pursuant to NAC 445B.319 ; (b) A change without revision to a Class I operating permit made pursuant to NAC 445B.342 ; or (c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425 , if the Director determines that the minor revision does not result in a significant change in air quality at any location where the public is present on a regula r basis.
9. The notice required for a Class I operating permit or for a revision of a Class I operating permit pursuant to subsection 7

must: (a) Identify the affected facility and the name and address of the applicant; (b) Identify the name and address of the authority processing the Class I operating permit; (c) Identify the ac tivity or activities involved in the Class I operating permit and the emissions change involved in any revision of the Class I operating permit; (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applica ble; (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the proposed conditions for the Class I operating permit, the application, all relevant supporting materials and all other materials which are available to the authority that is processing the Class I operating permit and which are relevant to the determination of the issuance of the Class I operating permit; and (f) Include a brief description of the procedures for public comment and the time and place of any hearing that may be held, including a statement of the procedures to request a hearing.

### B

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CFR
52 .1490
and or FR 2 

### Article # NAC #

10. All comments on the Director’s review and preliminary intent for the issuance or denial of a C lass I operating permit or a revision of a Class I operating permit must be submitted in writing to the Director within 30 days after the public announcement. The Director shall give notice of any public hearing at least 30 days before the date of the hear ing. The Director shall keep a record of the names of any persons who made comments and of the issues raised during the process for public participation.
11. Except as otherwise provided in subsection 12 and NAC 445B.319

, 445B.342 and 445B.3425 , within 12 months after
the offi cial date of submittal of a Class I

- B application for an operating permit or revision of an operating permit, the Director shall issue or deny the operating permit or revision of the operating permit. The Director shall make his decision by taking into

acc ount: (a) Written comments from the public, affected states and the Administrator; (b) Comments made during public hearings concerning the application and the Director’s preliminary determination for issuance or denial; (c) Information submi tted by proponents of the project; and (d) The effect of such a facility on the maintenance of the state and national ambient air quality standards contained in NAC
445B.2209 7 and the applicable state implementation plan.

 The Director shall send to the Administrator a copy of the final operating permit issued by the Director after approving the
Class I

- B application.
12. For stationary sources subject to the provisio ns of 40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, adopted by reference pursuant to NAC 445B.221 , the Director shall issue or deny an app lication for a Class I operating permit, or the revision or renewal of a Class I operating permit, within 12 months after the official date of submittal of an application for a new Class I operating permit or the revision of a Class I operating permit. The application shall be deemed to be complete for the purposes of 40 C.F.R. § 52.21 on the date that the Director makes the preliminary determination to issue or deny the Class I operating permit or the revision of the Class I operating permit.
16. If construction will occur in one phase, a Class I operating permit or the revision of a Class I operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 regarding th e prevention o f significant deterioration of air quality, expires if construction is not commenced within 18 months after the date of issuance thereof or construction of the facility is delayed for 18 months after initiated. The Director may extend the dat e on which the construction may be commenced upon a showing that the extension is justified.
17. If construction will occur in more than one phase, the projected date of the commencement of construction of each phase of construction must be approved by the Directo r. A Class I operating permit or the revision of a Class I operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, expires if the initial phase of construction is not commenced within 18 months after the projected date of the commencement of construction approved by the Director. The Director may extend only the date on which the initial phase of construction may be commenced upon a showing that the extension is

### B

- 8 6

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

justified. [Environmental Comm’n, Air Quality Reg. § 3.2.1, eff. 11

- 7

- 75; A 12

- 4

- 76; § 3.2.2, eff. 11

- 7

- 75; A 12

- 15

- 77; 8

- 28

- 79; §§ 3.2.3 & 3.2.4, eff. 11

- 7

- 75; § 3.2.5, eff. 11

- 7

- 75; A 12

- 4

- 76; § 3.2.6, eff. 11

- 7

- 75; + § 13.1.2, eff. 11

- 7

- 75; A 12

- 4

- 76; 8

- 28

- 79]

— (NAC A 10

- 22

- 87; 12

- 15

- 88; 12

- 8

- 89; 9

- 19

- 90; 9

- 13

- 91; 11

- 23

- 92; 12

- 13

- 93, eff. 1

- 11

- 96; 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R022

- 99, 9

- 27

- 99; R040

- 01, 10

- 25

- 2001 ; R103

- 02, 12

- 17

- 2002; R198

- 03, 4

- 26

- 2004;
R125

- 04, 9

- 24

- 2004; R151

- 06, 9

- 18

- 2006; R142

- 07, 4

- 17

- 2008)
445B.340 Prerequisites to issuance, revision or renewal of permit. The Director may issue a Class I operating permit, or a revision of

or a renewal of a Class I operating permit, if:
1. The Director has: (a) Received a complete application for a Class I operating permit or for a revision of or a renewal of a Class I operating permit; (b) Completed all requirements rega rding public participation and comment pursuant to NAC 445B.3395 ; and (c) Notified and responded to all comments from affected states;
2. The conditions of the operatin g permit provide for compliance with the requirements of NAC 445B.001 to 445B.3689

, inclusive, and any other applicable requirements; and (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98 ; A by
R142

- 07, 4

- 17

- 2008)

— (Substituted in revision for NAC 445B.306) 77FR59321
9/27/2012

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

1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which contravene an express term of the operating permi t without a revision of the operating permit if the changes do not: (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a modification
as that term is defined in NAC 445B.099 ; (b) Violate any provision of NAC 445B.001 to 445B.3689 , inclusive, or any other applicable requirement; or (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit.
2. Any conditions of an operating permit that are requirements for monitoring, metho ds of testing, recordkeeping, reporting or compliance certification may not be changed pursuant to this section.
3. For each change made pursuant to this section, the holder of the operating permit shall provide a written notification to
the Director and the Administrator at least 7 days before making the change. This notification must include: (a) A detailed description of the change; (b) The date on which the change will occur; (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3689 , inclusive; (d) Any condition of the operating permit which will no longer apply because of the change; and
4. The holder of the operating permit, the Director and the Administrator, as appropriate, shall attach a copy of the written notification to his respective copy of the permit. 77FR59321
9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Added to NAC by Environme ntal Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R040

- 01, 10

- 25

- 2001; R096

- 05, 10

- 31

- 2005)
445B.3425 Minor revision of permit.

1. A minor revision may be made to a Class I op erating permit if the revision: (a) Does not violate any applicable requirement; (b) Does not involve significant changes to the existing requirements for monitoring, reporting or recordkeeping; (c) Does not require or change: (1) A determination of an emission limitation or other standard on a case

- by

- case basis; (2) A determination of the ambient impact for any temporary source; or (3) A visibility or increment analysis; (d) Does not establish or change a condition of the operating permit for which there is no corresponding underlying applicable requirement and which was requested in order to avoid an applicable requirement, including: (1) A federally enforceable emissions cap; or (2) An alternative emission limitation pursuant to 42 U.S.C. § 7412(i)(5); (e) Is not a modification pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive; (f) Does not result in an increase in allowable emissions that exceeds any of the fo llowing specified thresholds: (1) Carbon monoxide, 100 tons per year; (2) Nitrogen oxides, 40 tons per year; (3) Sulfur dioxide, 40 tons per year; (4) PM 10 , 15 tons per year; (5) Ozone, 40 tons per year of volatile organic compounds; (6) Sulfuric acid mist, 7 tons per year; and (7) Hydrogen sulfide (H 2 S), 10 tons per year; and (g) Is not a major modification at an existing major stationary source.
2. An owner or operator must r equest a minor revision on an application form provided by the Director. The application
must include: (a) A description of the modification; (b) A description of the emissions resulting from the modification; (c) An identification of any ne w applicable requirements that will apply because of the modification; (d) Suggested conditions of the operating permit; (e) Certification by a responsible official of the stationary source that the proposed modification complies with the criteri a for a minor revision set forth in subsection 1; and (f) Any relevant information concerning the proposed change which is required by NAC 445B.295 and 445B.3368

. 3. The Director shall: 77FR59321
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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(a) Determine, in accordance with subsection 5 of NAC 445B.3395 , whether the app lication for a minor revision is complete. (b) Transmit the application to the Administrator within 10 working days after the official date of submittal of the application. (c) Provide notice to any affected state within 10 working days after the official date of submittal of the application for a
minor revision. (d) Unless the application is for a minor revision described in subsection 8 of NAC 445B.3395 , enable pub lic participation and comment and provide notice to the public concerning the application for a minor revision in the manner set forth in
subsections 6 and 7 of NAC 445B.3395

. (e) Provide a 30

- day period for comment by any affected state and the public, if applicable, concerning the application. (f) Within 45 days after the official date of submittal of the application: (1) Determine whether the proposed minor r evision meets the criteria for a minor revision set forth in this section; (2) Determine whether the proposed conditions of the operating permit are adequate; and (3) If the Director determines that the proposed modification does not me et the criteria for a minor revision, deny the proposed revision and notify the applicant and the Administrator. (g) If the Director determines that the applicant’s proposed conditions of the operating permit are not adequate, draft appropriate condit ions for the operating permit. Proposed conditions drafted by the Director must be submitted to the
Administrator for review. (h) Notify the Administrator of any recommendations from an affected state which the Director does not accept.
4. The D irector may issue the minor revision upon notification by the Administrator that the Administrator does not object to the minor revision. If the Administrator does not notify the Director within 45 days after the date on which the
Administrator received th e notification pursuant to this section or within 45 days after the date on which the Administrator receives the Director’s proposed conditions, whichever is later, the Administrator shall be deemed to have not objected to th e minor revision.
5. If t he Administrator objects to the minor revision, the Director shall: (a) Deny the application for the minor revision; (b) Determine whether the minor revision should be reviewed under the procedures for a significant revision; or (c) Revise t he proposed revision of the operating permit and forward it to the Administrator for review.
6. The Director shall take action pursuant to subsection 4 or 5 within 90 days after the official date of submittal of an application for a minor revision or within 15 days after the Administrator’s 45

- day review period ends, whichever is later. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; 5

- 3

- 96; R105

- 97, 3

- 5

- 98; R036

- 98, 4

- 17

- 98; R103

- 02 , 12

- 17

- 2002; R198

- 03, 4

- 26

- 2004; R125

- 04, 9

- 24

- 2004)
445B.344 Significant revision of permit.

1. The holder of an operating permit may request a significant revision of a Class I operating permit if it does not qualify 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

as a ch ange that may be made pursuant to NAC 445B.342 , or as an administrative amendment or a minor revision. A significant revision includes, but is not limited to, a revision: (a) Of an existing condition of the operating permit relating to monitoring or making the requirements for reporting or recordkeeping less stringent; (b) Which requires or changes: (1) A determination of an emission limitation on a case

- by

- case basis; (2) A determination of ambient impact for any temporary source; or (3) A visibility or increment analysis; (c) Which would establish or change a condition of the operating permit and which is requested or assumed by the owne r or operator of the stationary source in order to avoid any applicable requirement; (d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part 60, as adopted pursuant to NAC 445B.221 ; or (e) Subject to 42 U.S.C. § 7412.
2. An application for a significant revision must comply with the requirements for an application for a Class I operating permit set forth in NAC 445B.295

, 445B.297 and 445B.3368 , including public participation and comment and a revie w by any affected states and the Administrator pursuant to NAC 445B.3395

. 3. An application for a significant revision must be accompanied by the fee set forth in NAC 445B.327

. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R105

- 97, 3

- 5

- 98; R103

- 02, 12

- 17

- 2002)
445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.

1. To modify a Class I stationary source in accordance with subsection 5 of NAC 445B.3361 , the owner or operator of the Class I stationary source must submit an application for an administrative revision to a Class I operating permit to incorpor ate the conditions of a Class I operating permit to construct into the existing Class I operating permit for the Class I stationary

source. 2. The Director shall issue a revised Class I operating permit or deny the application for an administrative revision to a Class I operating permit within the timelines established for proc essing an application for a Class I operating permit to construct as specified in NAC 445B.3364

. 3. An application for an administrative revision to a Class I operating perm it must comply with the requirements for an application for a Class I operating permit set forth in NAC 445B.295

, 445B.297 and 445B.3368 , and the requirements relating to public participation and comment and a review by any affected states and the Administrator pursuant to NAC 445B.3395

. 4. An application for an administrative revision to a Class I operating permit must be accompanied by the appropriate fee
set forth in NAC 445B.327

. (Added to NAC by Environmental Comm’n by R125

- 04, eff. 9

- 24

- 2004; A by R139

- 06, 9

- 18

- 2006) 77FR59321
9/27/2012

445B.3443 (Superseded Renewal of permit.

1. All Class I operatin g permits must be renewed 5 years after the date of issuance. 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

445.713) 2. A complete application for the renewal of a Class I operating permit must be submitted to the Director on the form

provided by the Director with the appropriate fee at least 240 days, b ut not earlier than 18 months, before the expiration date of the current Class I operating permit for stationary sources.
3. Applications for the renewal of a Class I operating permit must comply with all requirements for the issuance of an
initial C lass I operating permit as specified in NAC 445B.3395

. 4. If an application for the renewal of a Class I operating permit is submitted in accordance with subsection 2, the stationary source may continue to operate under the conditions of the existing Class I operating permit until the Class I operating permit is renewed or the application for renewal is denied.
5. If an application for the renewal of a Class I operating permit i s not submitted in accordance with subsection 2 : (a) The stationary source may be required to cease operation when the Class I operating permit expires ; and (b) The owner or operator of the stationary source: (1) Must apply for the issu ance of a new Class I operating permit pursuant to NAC 445B.3375; and (2) May not recommence the operation until the new Class I operating permit is issued.
6. The fee for the issuance of a new Class I operating permit or the renewal of a Clas s I operating permit is specified in
NAC 445B.327

. [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.4 & 3.4.8, eff. 11

- 7

- 75]

— (NAC A 12

- 15

- 88; 12

- 13

- 93,
eff. 1

- 11

- 96; 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R040

- 01, 10

- 25

- 2001; R103

- 02, 12

- 17

- 2002; R198

- 03, 4

- 26

- 2004;
R191

- 08, 12

- 17

- 2008)
445B.3447 (Superseded
445.707 (3)

- (6); 445.713) Class I general permit.

1. The Director may is sue a Class I general permit covering numerous similar stationary sources.
2. A Class I general permit must set forth the criteria by which stationary sources may qualify for the Class I general permit.
3. A Class I general permit which covers stationary sources that would otherwise be required to be covered by a Class I operating permit must: (a) Ensure compliance with all applicable requirements; and (b) Not be granted until the requirements for public participation and comment and a review by any affected states and the Administrator pursuant to NAC 445B.3395 have been completed.
5. After the effective date of a Class I general permit, the owner or operator of any stationary source that meets the criteria set forth in the Class I general permit may request authority to operate under the Class I general permit. The reque st must be in writing and must include all the information required by the Class I general permit.
6. The Director shall grant or deny authority to operate under a Class I general permit within 30 days after his receipt of a request for such authority. The Director’s decision to grant or deny an application for authority to opera te under the terms of a Class I general permit is not subject to the requirements of NAC 445B.3395

. 7. A person may challenge the provisions of a Class I general permit only at the time the Class I general permit is issued. 77FR59321
9/27/2012

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CFR
52 .1490
and or FR 2 

### Article # NAC #

The Director’s grant or denial of authority to operate under a Class I general permit to a stationary source or stationary so urces does not provide an opportunity for an administrative review or a judicial review of the Class I general permit.
8. The Director shall not grant authority to operate under a Class I general permit to an affected source.
9. The term of a Class I general permit is 5 years.
10. The authority to operate under a Cla ss I general permit expires after 5 years. An owner or operator of a stationary source operating under the authority of a Class I general permit shall apply to renew his authority to operate under the Clas s I general permit at least 30 days before his auth orization expires.
11. A stationary source which obtains authorization to operate under a Class I general permit but is later determined not to qualify under the conditions of the Class I general permit may be subject to an action enforcing the prohi bition against operating without a permit. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 3

- 29

- 94, eff. 1

- 11

- 96; 10

- 30

- 95, eff. 1

- 11

- 96; R103

- 02, 12

- 17

- 2002)

— (Substituted in revision for NAC 445B.335) 

### Class II Op erating Permits

445B.3453 Application: General requirements.

1. Except as otherwise provided in subsection 3, an owner or operator of any stationary source that is not subject to the requirements of NAC 445B.337 or 445B.3375 must submit an application for and obtain a Class II operating permit or, if applicable, a Class III operating permit pursuan t to NAC 445B.3485

. 2. For a proposed stationary source or a proposed modification to a stationary source that is not subject to the requirements
of NAC 445B.337 or 445B.3375 , an owner or operator must file an application and obtain a Class II operating permit or a
revision t o an existing Class II operating permit or, if applicable, a Class III operating permit or a revision to an existing Class III operating permit pursuant to NAC 445B.3485 , before c ommencing construction of the proposed stationary source or the proposed modification. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R189

- 05, 5

- 4

- 2006) 77FR59321
9/27/2012

445B.3457 (Supersedes 445.707(3)

- (6)) Action by Director on application; notice; public comment and hearing; expiration of permit.

1. Except as otherwise provided in NAC 445B.319 and 445B.342 , within 10 working days after the date of receipt of an application for a Class II operating permit or for the revision of a Class II operating permit, accompanied by the applicable fee, the Director shall determine if the application is complete. If substantial additional information is requir ed, the Director shall determine that the application is incomplete and return the application to the applicant. If substantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determi nes that the application is incomplete within 10 working days after the date of receipt of the application, the official date of submi ttal of the application shall be deemed to be the date on which the Director determines that the application is complete o r 11 working days after the date of receipt, whichever is earlier.
2. If, after the official date of submittal, the Director discovers that additional information is required to act on the application, the Director may request additional information necessary to determine whether the proposed operation will 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

comply with all of the requirements set forth in NAC 445B.001 to 445B.3689 , inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request of the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the action of the Director on the application
submitted to the Director.
3. If notice to the public is not required pursuant to subsection 5, the Director shall issue or deny a Class II operating permit or the revision of a Class II operating permit within 60 days after the official date of submittal of the application for the
C lass II operating permit or for the revision of the Class II operating permit.
4. The Director shall: (a) Make a preliminary determination to issue or deny a Class II operating permit or the revision of a Class II operating permit within 15 days after the official date of submittal of the application for the Class II operating permit or for the revision of the Class II operating permit; (b) Take such action as is necessary to ensure compliance with the provisions of subsections 6, 7 and 8, a s applicable; and (c) Issue or deny the Class II operating permit or the revision of the Class II operating permit taking into account: (1) Written comments from the public; (2) Information submitted by proponents of the project; a nd (3) The effect of such a facility on the maintenance of the state and national ambient air quality standards contained in
NAC 445B.22097 and the applicable state implementation plan.
5. Public notice is required for an application for: (a) A Class II operating permit for a stationary source that has not previously held a Class I operating permit or Class II operating permit; or (b) The revision of a Class II operating permit for which the Direc tor determines that the change to the stationary source results in an increase in allowable emissions that exceeds any of the following thresholds:

Pollutant Threshold in tons per year

Carbon monoxide................................................................................................. 40 Nitrogen oxides.................................................................................. .................. 40
Sulfur dioxide....................................................................................................... 40
PM 10
............................................................................................................. ......... 15
Ozone measured as VOC...................................................................................... 40
Lead...................................................................................................................... 0. 6

6. For the notice required pursuant to subsection 5 and at the time the Director makes a preliminary determination to issue or deny a Class II operating permit or the revision of a Class II operating permit pursuant to subsection 4, the Director sha ll:

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(a) Make the preliminary determination public and maintain it on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701

- 5249, for 30 days to enable public participation and
comment; (b) Cause to be published on an Internet website designed to give general public notice an electronic copy of the Director’s notice of proposed action; (c) Provide written notification of the Director’s proposed action to persons on a mailing list dev eloped by the Director, including those persons who request in writing to be included on the list; (d) Provide notice of the Director’s proposed action and a copy of the application to a public library in the area in which the proposed new Class II so urce or the proposed modification to the existing Class II source is located for posting to ensure that adequate notice is given to the public; (e) Provide notice of the Director’s proposed action and a copy of the application to the Administrator and to any local air pollution control agency having jurisdiction in the area in which the proposed new Class II source or the proposed modification to the existing Class II source is located; and (f) Establish a 30

- day period for public participation.
7. The notice required pursuant to subsection 5 must include: (a) The name of the affected facility and the name and address of the applicant; (b) The name and address of the state agency processing the Class II operating permit or the revis ion of the Class II operating permit; (c) The name, address and telephone number of a representative from the state agency that is processing the Class II operating permit or the revision of the Class II operating permit; (d) A description of the proposed new Class II source or the proposed modification to the existing Class II source and a summary of the emissions involved; (e) The date by which comments must be submitted to the Director; (f) A summary of the analysis of the effect of t he proposed new Class II source or the proposed modification to the existing Class II source on the quality of air, as analyzed by the state agency processing the Class II operating permit or the revisi on of the Class II operating permit; (g) A statem ent indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;
and (h) A brief description of the procedures for public participation.
8. All comments concerning the applications for which not ice to the public is required to be provided pursuant to this section must be submitted in writing to the Director within the time specified in the notice. The Director shall keep a recor d of the names of any persons who made comments and of the issues rai sed during the process for public participation.
9. If construction will occur in one phase, a Class II operating permit or the revision of a Class II operating permit for a new or modified stationary source expires if construction is not commenced within 18 months after the date of issuance thereo f

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

or co nstruction of the facility is delayed for 18 months or more after the construction begins. The Director may extend the date on which the construction may be commenced upon a showing that the extension is justified.
10. If construction will occur in m ore than one phase, the projected date of commencement of construction of each phase must be approved by the Director. A Class II operating permit or the revision of a Class II operating permit for a new or modified stationary source expires if the initial phase of construction is not commenced within 18 months after the projected date of the commencement of construction approved by the Director. The Director may extend only the date on which the initial phase of construction may be commenced upon a showing that the extension is justified. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R198

- 03, 4

- 26

- 2004; R151

- 06, 9

- 18

- 2006;
R142

- 07, 4

- 17

- 2008; R006

- 11, 10

- 26

- 2011)
445B.346 Required contents of permit. In a ddition to the conditions set forth in NAC 445B.315 , Class II operating permits must

contain, as applicable:
1. Emission limitations and standards, including those operationa l requirements and limitations that ensure compliance with the conditions of the operating permit.
2. All requirements for monitoring, testing and reporting that apply to the stationary source.
3. A requirement that the owner or operator of the stationary source promptly report any deviations from any requirements of the operating permit.
4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner or operator of the stationary source i n his application and approved by the Director. Such terms and conditions must require the owner or operator to keep a contemporaneous log of changes from one alternative operating scenario to another.
5. A schedule of compliance for stationary sourc es that are not in compliance with any applicable requirement or NAC
445B.001 to 445B.3689 , inclusive, at the time the operating permit is issued, including: (a) Semiannual progress reports and a schedule of dates for achieving milestones; (b) Prior notice of and explanations for missed deadlines; and (c) Any preventive or corrective measures taken. (Added to NAC by Environmental Comm’n, 12

- 13

- 93, eff. 1

- 11

- 96; A 10

- 30

- 95, eff. 1

- 11

- 96)

— (Substituted in revision for NAC 445B.317) 77FR59321
9/27/2012

445B.3465 Application for revision.

1. The owner or operator of a stationary sourc e with a Class II operating permit may request, on an application form provided by the Director, a revision of the operating permit to allow for a modification to the stationary source.
2. An application for a revision of a Class II operating permit must include: (a) The name and address of the owner or operator of the stationary source; (b) The location of the stationary source; (c) A description of: (1) The existing emission units undergoing the modification and the applicab le control systems; and 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(2) The proposed modification to such emission units; (d) The emission rates from the existing emission units of each regulated air pollutant to which a standard applies which exist at the time of the application befo re the modification and which would exist after the modification takes place; (e) A description of any proposed new emission units and applicable control systems; (f) The potential to emit of the proposed new emission units for each regulated air pollutant to which a standard applies; (g) A description of the procedures and methods used to determine the emission rates; (h) A discussion of all applicable requirements to which the new or modified operations will be subject; (i) An exp lanation of any proposed exemption from any applicable requirement; (j) An environmental evaluation conducted in accordance with NAC 445B.308

, 445B.310

, 445B.311 and 445B.3135 ; and (k) Any other in formation that the Director determines is necessary to process the application and issue a Class II operating permit pursuant to NAC 445B.001 to 445B.3689 , inclusive. (Added to NAC by Environmental Comm’n by R105

- 97, eff. 3

- 5

- 98; A by R103

- 02, 12

- 17

- 2002; R096

- 05, 10

- 31

- 2005)
445B.3473 (Superseded
445

. 713) Renewal of permit.

1. All Class II operating permits must be renewed 5 years after the date of issuance.
2. A complete application for renewal of a Class II operating permit must be submitted to the Director on the form provided by the Director with the appropriate f ee at least 70 days before the expiration date of the current Class II operating permit.
3. An application for the renewal of a Class II operating permit must comply with all requirements for the issuance of an initial Class II operating permit as sp ecified in NAC 445B.3457

. 4. If an application for the renewal of a Class II operating permit is submitted in accordance with subsection 2, the stationary source may continu e to operate under the conditions of the existing Class II operating permit until the permit is renewed or the application for renewal is denied. If such an application is not submitted in accordance with subsection 2, th e stationary source may be required to cease operation when the Class II operating permit expires and may not recommence the operation until the Class II operating permit is renewed.
5. If an application for the renewal of a Class II operating permit is not submitted in accordance wit h subsection 2 : (a) The stationary source may be required to cease operation when the Class II operating permit expires ; and (b) The owner or operator of the stationary source: (1) Must apply for the issuance of a new Class II operating permit pursuant to NAC 445B.3453; and (2) May not recommence the operation until the new Class II operating permit is issued.
6. The fee for the issuance of a new Class II operating permit or the renewal of a Class II operating permit is sp ecified in
NAC 445B.327

. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R198

- 03, 4

- 26

- 2004 ; R191

- 08, 12

- 17

- 2008) 77FR59321
9/27/2012

445B.3477 Class II general permit. 77FR59321

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

(Supe rseded 445.707(3)

- (5); 445.713) 1. The Director may issue a Class II general permit covering numerous similar stationary sources.

2. Before issuing a Class II general permit, the proposed conditions for the Class II gen eral permit must be made public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City,
Nevada 89701

- 5249, for 30 days to enable public participation and comment. The Director shall: (a) Cause to be published a notice in one or more newspapers of general circulation in the area in which the Class II general operating permit is applicable; (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list; (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public; and (d) Establish a 30

- day period for public participation.
3. The notice required pursuant to subsection 2 must include, without limitation: (a) The name and address of the state agency processing the Class II general permit; (b) The name, address and telephone number of a representative from the state agency that is processing the Class II general permit from whom interested persons may obtain additional information, including copies of: (1) The proposed conditions for the Class II general permit; (2) All relevant supporting materials; and (3) All other materials which are available to the state agency that is processing the Class II general permit and which are relevant to the determination of the issuance of the Class II general permit; (c) A description of the proposed Class II ge neral permit and a summary of the emissions involved; (d) The date by which comments must be submitted to the Director; (e) A summary of the impact of the proposed Class II general permit on the quality of the air; (f) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;
and (g) A brief description of the procedures for public participation and the time and place of any hearing that may be held, including a statement of the procedures to request a hearing. 4. All comments concerning the proposed Class II general permit for which notice to the public is required to be provided pursuant to this section must be submitted in writing to the Director within the time spe cified in the notice. The Director shall give notice of any public hearing scheduled pursuant to this section at least 30 days before the hearing. The Director shall keep a record of the names of any persons who made comments and of the issues raised durin g the process for public participation. 5. The Director may issue the Class II general permit after considering: (a) Written comments from the public; (b) The comments made during public hearings concerning the proposed Class II general perm it; (c) Information submitted by proponents of the Class II general permit; and (d) The effect of the Class II general permit on the maintenance of the state and national ambient air quality standards 9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

contained in NAC 445B.22097 and the applicabl e state implementation plan.
6. A Class II general permit must set forth the criteria by which stationary sources may qualify for the Class II general permit.
7. After the effective date of a Class II general permit, the owner or operator of an y stationary source that meets the criteria set forth in the Class II general permit may request authority to operate under the Class II general permit. The request must be in writing and must include all the information required by the Class II general pe rmit.
8. The Director shall grant or deny authority to operate under a Class II general permit within 30 days after his receipt of a request for such authority. The Director’s decision to grant or deny an application for authority to operate under th e terms of a Class II general permit is not subject to the requirements of NAC 445B.3457

. 9. A person may challenge the provisions of a Class II general permit only at the t ime the Class II general permit is issued. The Director’s grant or denial of authority to operate under a Class II general permit to a stationary source or stationary sources does not provide an opportunity for an administrative review or a judicial review of the Class II general permit.
10. The Director shall not grant authority to operate under a Class II general permit to an affected source.
11. The term of a Class II general permit is 5 years.
12. The authority to operate under a Clas s II general permit expires after 5 years. An owner or operator of a stationary source operating under the authority of a Class II general permit shall apply to renew his authority to operate under the Cla ss II general permit at least 30 days before his au thorization expires.
13. A stationary source which obtains authorization to operate under a Class II general permit but is later determined not to qualify under the conditions of the Class II general permit may be subject to an action enforcing the p rohibition against operating without a permit. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; R142

- 07, 4

- 17

- 2008) 

### Class III Operating Permits

445B.3485 Application: General requirements.

1. If a station ary source operating under a Class II operating permit meets the requirements for a Class III source, the owner or operator of the stationary source may submit an application with the appropriate fee and obtain a Class III operatin g permit for the stationa ry source. 2. If a new stationary source meets the requirements for a Class III source, the owner or operator of the new stationary source may submit an application with the appropriate fee and obtain a Class III operating permit for the new stationa ry source. An operating permit must be obtained before commencing construction on a new stationary source.
3. An owner or operator of a proposed modification to a stationary source that meets the requirements for a Class III source may submit an appl ication with the appropriate fee and obtain a revised Class III operating permit for the proposed modification to the stationary source. Such an owner or operator shall not commence construction of the proposed modification to the stationary source before filing an application for and obtaining a revised Class III operating permit. (Added to NAC by Environmental Comm’n by R040

- 01, eff. 10

- 25

- 2001; A by R103

- 02, 12

- 17

- 2002; R151

- 06, 9

- 18

- 77FR59321
9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

2006)

445B.3487 (Superseded 445.707(3), (5) and (6)) Action by Director on application; expiration of permit.

1. Except as otherwise provided in NAC 445B.319 and 445B.342 , within 10 working days after the date of receipt of an application for a Class III operating permit or for the revision of a Class III operating permit, the Director shall determin e if the application is complete. If substanti al additional information is required, the Director shall determine that the application is incomplete and return the application to the applicant. If substantial additional information is not required, the Director s hall determine the application to be co mplete. Unless the Director determines that the application is incomplete within 10 working days after the date of receipt of the application, the official date of submittal of the application shall be deemed to be th e date
on which the Director determines that the application is complete or 11 working days after the date of receipt, whichever is earlier. The Director shall issue or deny a Class III operating permit or the revision of a Class III operating permit within 30 days after the official date of su bmittal of the application.
2. If, after the official date of submittal, the Director discovers that additional information is required to act on the application, the Director may request additional information necessary to determine whether the prop osed operation will comply with all of the requirements set forth in NAC 445B.001 to 445B.3689 , inclusi ve. The applicant must provide in writing any additional information that the Director requests within the time specified in the request of the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the ac tion of the Director on the application
submitted to the Director.
3. If construction will occur in one phase, a Class III operating permit or the revision of a Class III operating permit for a new or modified stationary source expires if constructio n is not commenced within 18 months after the date of issuance thereof or construction of the facility is delayed for 18 months or more after the construction begins. The Director may extend the d ate on which the construction may be commenced upon a showin g that the extension is justified.
4. If construction will occur in more than one phase, the projected date of commencement of construction of each phase must be approved by the Director. A Class III operating permit or the revision of a Class III op erating permit for a new or modified stationary source expires if the initial phase of construction is not commenced within 18 months after the projected date of the commencement of construction approved by the Director. The Director may extend only the da te on which the initial phase of construction may be commenced upon a showing that the extension is justified. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R151

- 06, 9

- 18

- 2006) 77FR59321
9/27/2012

445B.3489 Required content s of permit. In addition to the conditions set forth in NAC 445B.315 , Class III operating permits must

contain, as applicable:
1. Emission limitations and standards, includin g those operational requirements and limitations that ensure compliance with the conditions of the Class III operating permit.
2. All requirements for monitoring, testing and reporting that apply to the stationary source.
3. A requirement that the owner or operator of the stationary source promptly report any deviations from any requirements of the Class III operating permit. 77FR59321
9/27/2012

### B

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner or operator of the stationary source in his application and approved by the Director. Such terms and conditions must require the owner or operator to keep a contemporaneous log of changes from one alternative operating scenario to another.
5. A sched ule of compliance for stationary sources that are not in compliance with any applicable requirement or NAC
445B.001 to 445B.3689 , inclusive, at the time the Class III operating permit is issued, including: (a) Semiannual progress reports and a schedule of dates for achieving milestones; (b) Prior notice of and explanations for missed deadlines; an d (c) Any preventive or corrective measures taken. (Added to NAC by Environmental Comm’n by R103

- 02, eff. 12

- 17

- 2002; A by R151

- 06, 9

- 18

- 2006)
445B.3493 Application for revision.

1. The owner or operator of a stationa ry source with a Class III operating permit may apply, on a form provided by the Director, for a revision of the operating permit.
2. An application for a revision of a Class III operating permit for a stationary source must include: (a) The nam e and address of the owner or operator of the stationary source; (b) The location of the stationary source; (c) A description of: (1) The existing emission units undergoing modification and the applicable control systems; and (2) The proposed modifications to those emission units; (d) A description of any proposed new emission units and applicable control systems; (e) The potential to emit for each proposed new and existing emission unit for each regulated air polluta nt to which a standard applies; and (f) Any other information that the Director determines is necessary to process the application and issue a revised Class III operating permit in accordance with NAC 445B.001 to 445B.3689 , inclusive. (Added to NAC by Environmental Comm’n by R040

- 01, eff. 10

- 25

- 2001)

— (Substituted in revision for NAC 445B.348) 77F R59321
9/27/2012

445B.3497 (Superseded 445.713) Renewal of permit.

1. All Class III operating permits must be renewed 5 years after the date of issuance.
2. A complete application for renewal of a Class III operating permit must be submitted to the Director on the form provided by the Director with the appropriate fee at least 40 days before the expiration date of the current permit for the C lass
III source.
3. An application for the renewal of a Class III operating permit must comply wi th all requirements for the issuance of an initial Class III operating permit as specified in NAC 445B.3487

. 4. If an application for the renewal of a Class III operating pe rmit is submitted in accordance with subsection 2, the stationary source may continue to operate under the conditions of the existing Class III operating permit until the permit is renewed or the application for the renewal of the Class III operating permi t is denied. If an application is not submitted in 77FR59321
9/27/2012

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# State Implementation Plan Text of Regulations and Articles: Cite: 40
CFR
52 .1490
and or FR 2 

### Article # NAC #

accordance with subsection 2, the stationary source may be required to cease operation when the Class III operating permit expires and may not recommence the operation until the Class III operating permit is renewed.
5. If an application for the renewal of a Class III operating permit is not submitted in accordance with subsection 2 : (a) The stationary source may be required to cease operation when the Class III operating permit expires; and (b) The owner or operator of the stationary source: (1) Must apply for the issuance of a new Class III operating permit pursuant to NAC 445B.3485; and (2) May not recommence the operation until the new Class III operating permit is issued

. 6. The fe e for the issuance of a new Class III operating permit or the renewal of a Class III operating permit is specified in
NAC 445B.327

. (Added to NAC by Environmental Comm’n by R1 03

- 02, eff. 12

- 17

- 2002; A by R198

- 03, 4

- 26

- 2004 ; R191

- 08, 12

- 17

- 2008)