ENCLOSURE 21State of NevadaApplicable State Implementation Plan1January 16, 2008ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445B.001(Superseded445.430)Definitions.As used in NAC 445B.001 to 445B.3497, inclusive,and sections 2 to 5, inclusive, of this regulationunless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive,andsections 2 to 5, inclusive, of this regulation*have the meanings ascribed to them in those sections.(Supplied in codification; A by Environmental Comm’n, 12-5-84; 10-15-85; 8-22-86;9-25-87; 10-22-87; 12-15-88;12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94;R105-97, 3-5-98; R117-00, 6-1-2001;R040-01, 10-25-2001; R103-02, 12-17-2002)*NOTE: Sections 2 to 5 were codified 01/2007 as NAC445B.054, 445B.064, 445B.083 and 445B.107, respectively.71FR150403/27/2006445.431"Acid mist" defined."Acid mist" means sulfuric acid mist, asmeasured by Method 8 of 40 C.F.R. S 60,Appendix A, or an equivalent or alternative method.[Environmental Comm'n, Air Quality Reg. 1.1, eff. 12-4-76; A 8-28-79](c)(25)(i)(A)445B.002“Act” defined.“Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended.(Superseded445.432)[Environmental Comm’n, Air Quality Reg. § 1.2,eff. 12-4-76; A 8-28-79]—(Substituted in revision for NAC445.432)71FR150403/27/2006445B.004“Administrator” defined.“Administrator” means the Administrator ofthe United States Environmental ProtectionAgency or the Administrator’s representative or delegate.(Superseded445.433)[Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—(Substituted in revisionfor NAC 445.433)71FR150403/27/2006445B.005“Affected facility” defined.“Affected facility” means, with referenceto a stationary or temporary source, anyapparatus to which a standard is applicable.(Superseded445.434)[Environmental Comm’n, Air Quality Reg. §1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95)71FR150403/27/2006445B.006“Affected source” defined.“Affected source” means a stationary source subject to the requirements relating to acid71FR150401This is the ASIP to the best of NDEP’s knowledge; it may varysomewhat from the U.S. EPA version. A proposed updated/replacement ASIP was submitted toEPA on February 16, 2005 with revisions on January 12, 2006, December 8, 2006, June 26, 2007 and August 20, 2007. This “current” ASIP incorporates all ofEPA’sfinalactions on NDEP’s submittals through January 16, 2008: the 3/27/06, 12/11/06, 4/20/07 and 5/8/07 FR actions and the 1/3, 5/8,and 11/2/07rescissions.2ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDrain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.(Added to NAC by Environmental Comm’n,12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 10-25-2001)3/27/2006445B.009“Air-conditioning equipment” defined.“Air-conditioning equipment” means equipment utilized to heat or cool theinterior of a building or structure.(Superseded445B.435)[Environmental Comm’n, Air Quality Reg. § 1.1,eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.435)71FR150403/27/2006445.436"Air contaminant" defined."Air contaminant" means any substance discharged intothe 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“Air pollution” defined.“Air pollution” has the meaning ascribed to it in NRS 445B.115.(Superseded445.437)[Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98)71FR150403/27/2006445B.015(Superseded445.439)“Alternative method” defined.“Alternative method” means any method of sampling and analyzing for a regulated airpollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the directorthat, 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)71FR7148612/11/2006445B.018“Ambient air” defined.“Ambient air” means that portion of the atmosphere which is external to buildings,structures, facilities or installations to which the public has access.(Superseded445.441)[Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79]—(NAC A10-22-87)—(Substituted in revision for NAC 445.441)71FR150403/27/2006445B.022“Atmosphere” defined.“Atmosphere” means all the air surrounding the earth and external to buildings andstructures.(Superseded445.444)[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)71FR150403/27/2006445.445"Barite"defined."Barite" means a naturally occurring sulfate of barium, BaS04, which is transparent to opaque and is whitish in color.[Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79: renumbered as 1.14, 8-28-79](c)(25)(i)(A)445.447"Barite grinding mill" defined."Barite grinding mill" means any single source designed to reduce crude barite to a finished product.[Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1-25-79](c)(25)(i)(A)445B.030“British thermal units” defined.“British thermal units (Btu)” means that quantity of heat required to raise thetemperature of one pound of water from 60 degrees Fahrenheit to61 degrees Fahrenheit at a constant, absolute pressureof 14.7 pounds per square inch (29.92 inches of mercury).(Superseded445.457)[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)71FR150403/27/20063ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445.458"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)445.464"Coal"defined."Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous or lignite as defined byDesignation D-388-66 of the American Society for Testing and Materials.[Environmental Comm'n, Air Quality Reg. § 1.29, eff. 12-4-76](c)(25)(i)(A)445.470"Colemanite"defined."Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca2B6Oll, 5H2O, andwhich is normally white or colorless.[Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 11-17-78](c)(25)(i)(A)445.471"Colemanite processing plant" defined."Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the production ofcalcined or uncalcined concentrate. Treating may consist ofcrushing, 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“Combustible refuse” defined.“Combustible refuse” means any waste material which can be consumed bycombustion.(Superseded445.472)[Environmental Comm’n, Air Quality Reg. § 1.11,eff. 11-7-75; renumbered as §1.35, 12-4-76]—(Substituted inrevision for NAC 445.472)71FR150403/27/20061.36Commenced. With respect to the definition of “new source” in section 111(a)(2) of the Act, that an owner or operatorhas undertaken a continuous program of construction or modification or that an owner or operator has entered into acontractual obligation to undertake and complete, within a reasonable time, a continuous program of construction ormodification.(c)(14)(viii)445B.0425“Commission” defined.“Commission” has the meaning ascribed to it in NRS 445B.120.(SupersededArticle1.38)(Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R105-97, 3-5-98)71FR150403/27/20061.42Construction. Fabrication, erection, orinstallation of an affected facility.(c)(14)(viii)1.43Contiguous property. Any property under single or joint ownership or operatorship which is in physical contact,touching, near, or adjoining. Public property or public right-of-way shall not be deemed as a break in any contiguousproperty.(c)(14)(viii)445B.047“Continuous monitoring system” defined.“Continuous monitoring system” means the equipment required formonitoring emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanentrecord of emissions or process parameters.(Superseded445.480)[Environmental Comm’n, Air Quality Reg. § 1.44,eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC71FR150403/27/20064ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445.480)445.482"Converter" defined."Converter" means any vessel in which lead concentrate or bullion is charged and refined.[Environmental Comm'n, Air Quality Reg. 1.46, eff. 12-4-76](c)(25)(i)(A)445B.051“Day” defined.“Day” means a 24-hour period which begins at midnight.(Superseded445.486)[Environmental Comm’n, Air Quality Reg. § 1.51,eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision forNAC 445.486)71FR150403/27/2006445B.053“Director” defined.“Director” means the Director of the State Department of Conservation and Natural Resources orhis designee or a person designated by or pursuant to a countyor city ordinance or regional agreement or regulation toenforce local air pollution control ordinances and regulations.(Superseded445.488)[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)71FR150403/27/2006445.492"Dryer" defined."Dryer" means any facility in which a charge of a copper sulfide ore concentrate is heated in the presence of air toeliminate a portion of the moisture from the charge, provided lessthan 5 percent of the sulfur contained in the charge iseliminated in the facility.[Environmental Comm'n, Air Quality Reg. 1.57, eff. 12-4-76](c)(25)(i)(A)445B.055“Effective date of the program” defined.“Effective date of the program” means the date on which the Administratorapproves the program.(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4915)71FR150403/27/20061.60Effective date. Upon the filing of the regulations withthe Secretary of State, or asspecified in the exceptionscontained in NRS 233B.070.(c)(14)(vii)445B.056“Emergency” defined.“Emergency” means any situation arising from a sudden and reasonably unforeseeable eventbeyond the control of the owner or operator, including an actof God, that requires immediate corrective action torestore normal operation, and that causes the source to exceed an emission limitation contained in the operating permitwhich is based on a specific type of technology. The termdoes not include the failure to comply with emissionlimitations because of the improper design of the source, thelack of preventative maintenance, the careless or improperoperation of the source, or any error by the operator.(Added to NAC by Environmental Comm’n, 12-13-93,eff. 11-15-94)—(Substituted in revision for NAC 445.4955)71FR150403/27/2006445B.058“Emission” defined.(Superseded445.499)1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which contains,or may contain, a regulated air pollutant.2. The term includes the material passed to the atmosphere.[Environmental Comm’n, Air Quality Reg. § 1.22,eff. 11-7-75; renumbered as § 1.65, 12-4-76]—(NAC A byR105-97, 3-5-98)71FR150403/27/20065ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445B.059“Emission unit” defined.“Emission unit” means a part of a stationarysource which emits or has the potential to emitany regulated air pollutant.(Superseded445.500)[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)71FR150403/27/2006445B.060“Enforceable” defined.“Enforceable” means enforceable underfederal, state or local law.(Added to NAC by Environmental Comm’n, eff. 10-14-82)—(Substituted in revision for NAC 445.5005)71FR150403/27/2006445B.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)71FR150403/27/2006445B.062(Superseded445.501)“Equivalent method” defined.“Equivalent method” means any method of sampling and analyzing for a regulated airpollutant which has been demonstrated to the director’ssatisfaction to have a consistent and quantitatively knownrelationship to the reference method under specified conditions.[Environmental Comm’n, Air QualityReg. § 1.67, eff. 12-4-76]—(NAC A 10-30-95)71FR7148612/11/2006445B.063(Superseded445.504)“Excess emissions” defined.“Excess emissions” means any emission which exceeds any applicable emissionlimitation prescribed by NAC 445B.001 to 445B.3497, inclusive,and sections 2 to 5, inclusive, of this regulation,*orthat is contained in an operating permit. The averaging timeand test procedures for determining excess emissions mustbe as specified in the relevant condition or conditions of the operating permit, except that this does not preclude theuse, including the exclusive use, of any credible evidence orinformation relevant to the determination of whether asource would have been in compliance with the applicablerequirements if the appropriate performance or compliancetest or procedure had been performed to determine excess emissions.[Environmental Comm’n, Air Quality Reg. Art. 1§ 1, eff. 8-29-79]—(NAC A 10-22-87; 12-13-93)—(Substituted inrevision for NAC 445.504)*NOTE: Sections 2 to 5 were codified 01/2007 as NAC445B.054, 445B.064, 445B.083 and 445B.107, respectively.71FR7148612/11/20061.72Existing facility. With reference to a stationary source,any apparatus of the type for which a standard is promulgatedin this part, and the construction or modification of which was commenced before the date of proposal of that standard;or any apparatus which could be altered in such a way as to be of that type.(c)(14)(viii)1.73Existing source. Equipment, machines, devices, articles,contrivances, or facilities which are constructed, purchased,or in operation on the effective date of these regulations; except that any existing equipment, machine, device, article,contrivance, or facility which is altered, replaced, or rebuilt which increases the total emission after the effective date ofthese regulations shall be reclassified as a “new source”.c)(14)(viii)445.512"Floating roof" defined."Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal floatingcover or covered floating roof, which rests upon and issupported by the petroleum liquid being contained and isequipped with a seal or seals to close the space between the edge of the roof and wall of the tank.[Environmental Comm'n, Air Quality Reg. 1.78, eff. 12-4-76](c)(25)(i)(A)445.513"Fossil fuel" defined.(c)(25)(i)(A)6ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD"Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from suchmaterials for the purpose of creating useful heat.[Environmental Comm'n, Air Quality Reg. 1.79, eff. 12-4-76]445B.072“Fuel” defined.“Fuel” means any form of combustible matter, solid,liquid, vapor or gas which is used to generateenergy.(Superseded445.516)[Environmental Comm’n, Air Quality Reg. § 1.28,eff. 11-7-75; renumbered as § 1.82, 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.516)71FR150403/27/2006445B.073“Fuel-burning equipment” defined.“Fuel-burning equipment” means:(Superseded445.517)1. Indirect heat transfer fuel-burning equipment which is any device used for the combustion of fuel in which heatis transferred from the products of combustion indirectly for the production of useful heat or power.2. Direct heat transfer fuel-burning equipment which is any device usedfor the combustion of fuel in which heat istransferred 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 A9-19-90)—(Substituted in revision for NAC 445.517)71FR150403/27/2006445B.075“Fugitive dust” defined.“Fugitive dust” means emissions of solid, airborne particulate matter which could notreasonably pass through a stack, chimney, ventor a functionally equivalent opening.(SupersededArticle1.86)[Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76; A and renumberedas § 1.75, 10-16-80]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.520)71FR150403/27/2006445B.077“Fugitive emissions” defined.“Fugitive emissions” means emissions ofany regulated air pollutants, includingfugitive dust, which could not reasonably pass through a stack, chimney, vent or a functionally equivalent opening.[Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)71FR150403/27/2006445B.080“Garbage” defined.“Garbage” means putrescible animal or vegetable refuse.(Superseded445.525)[Environmental Comm’n, Air Quality Reg. § 1.31,eff. 11-7-75; renumbered as §1.89, 12-4-76]—(Substituted inrevision for NAC 445.525)71FR150403/27/2006445B.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)71FR7148612/11/2006445B.086“Incinerator” defined.“Incinerator” means an engineered apparatuscapable of withstanding heat and designed toefficiently reduce solid, semisolid, liquid or gaseous wasteat specified rates and from which the residues contain littleor no combustible material.(Superseded445.533)[Environmental Comm’n, Air Quality Reg. § 1.33,eff. 11-7-75; renumbered as §1.98, 12-4-76]—(Substituted inrevision for NAC 445.533)71FR150403/27/2006445.536"Lead" defined."Lead" means elemental lead or alloys inwhich the predominant component is lead.[Environmental Comm'n, Air Quality Reg. 1.101,eff. 12-4-76; A and renumbered as 1.98, 8-28-79](c)(25)(i)(A)445B.091“Local air pollution control agency” defined.“Local air pollution control agency” means any city, county or district71FR150407ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD(Superseded445.537)air pollution control agency approved by the Commission.[Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 12-4-76; A and renumberedas § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537)3/27/20061.92“Lowest achievable emission rate” means the emission ratefor any source for which an environmental evaluation mustbe prepared which reflects:a. The most stringent emission rate in the approve implementation plan of any state for any class or categoryor source, unless the owner or operator of the sourcedemonstrates that such an emission limitation is notachievable; orb. The most stringent emission limitation which is achieved in practice by such class or category or source,whichever is more stringent so long as it is not less stringent than the emission rate allowed by any applicableemission standard established in these regulations.(c)(16)(i)1.104Major stationary source. Any building, structure, facility, or installation which emits or may emit any air contaminantand which contains one or a combination of the following:1. affected facilities;2. existing facilities;3. facilities of the type for which no new source performance standards have been promulgated Article 16.(c)14)(viii)445B.095“Malfunction” defined.“Malfunction” means any sudden and unavoidable failure of air pollution control equipmentor process equipment or of a process to operate in a normalor usual manner. Failures that are caused entirely or in partby poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdownare not considered malfunctions.(Superseded445.542)[Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—(Substituted in revision for NAC 445.542)71FR150403/27/2006445B.097“Maximum allowable throughput” defined.“Maximum allowable throughput” means:1. The maximum process weight allowed througha continuous or long-run steady-rate operation, per hour; or2. 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, theinterpretation which results in the lesservalue of allowable emissions applies.(Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.5435)71FR150403/27/20061.109Modification. Any physical change in, or change in the method of operation of, an existing facility which increases theamount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results inthe emission of any air pollutant (to which a standardapplies) into the atmosphere not previously emitted.(c)(14)(viii)445B.103“Monitoring device” defined.“Monitoring device” means the total equipment used to measure and record emissionsand process parameters which is required pursuant to42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to445B.601, inclusive, or as a condition of an operating permit.(Superseded445.548)[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. 1-71FR150403/27/20068ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD11-96)—(Substituted in revision for NAC 445.548)445B.106“Multiple-chamber incinerator” defined.“Multiple-chamber incinerator” means any article, machine, equipmentcontrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three ormore refractory lined combustion furnaces in series, physically separated by refractory walls and interconnected by gaspassage ports or ducts and employing adequate design parameters necessary for maximum combustion of the materialto be burned.(Superseded445.549)[Environmental Comm’n, Air Quality Reg. § 1.39,eff. 11-7-75; renumbered as §1.113, 12-4-76]—(Substituted inrevision for NAC 445.549)71FR150403/27/20061.114New source. Equipment, machines, devices, articles,contrivances, or facilities built or installed on or after theeffective date of these regulations.(c)(14)(viii)4454B.109“Nitrogen oxides” defined.“Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by testmethods approved by the EPA.(Superseded445.552)[Environmental Comm’n, Air Quality Reg. § 1.116,eff. 12-4-76]—(NAC A 3-29-94,eff. 11-15-94)—(Substitutedin revision for NAC 445.552)71FR150403/27/2006445B.112“Nonattainment area” defined.“Nonattainment area” means, for any regulated air pollutant, an area:1. Which is shown by monitored data or is calculated by air quality modeling or any other method determined bythe 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; and3. Which is promulgated as a nonattainment area by the Administrator.[Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)71FR150403/27/2006445B.113“Nonroad engine” defined.“Nonroad engine” has the meaning ascribed toit in 40 C.F.R. § 89.2, as that sectionexisted on December 31, 1997.(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)71FR150403/27/2006445B.1135“Nonroad vehicle” defined.“Nonroad vehicle” has the meaning ascribed toit in 40 C.F.R. § 89.2, as that sectionexisted on December 31, 1997.(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)71FR150403/27/2006445B.116“Odor” defined.“Odor” means a characteristic of a regulated air pollutant which makes it perceptible to the sense ofsmell.(Superseded445.555)[Environmental Comm’n, Air Quality Reg. § 1.43,eff. 11-7-75; renumbered as § 1.118, 12-4-76]—(NAC A 10-30-95)71FR150403/27/2006445B.119“One-hour period” defined.“One-hour period” means any 60-minute period.(Superseded445.556)[Environmental Comm’n, Air Quality Reg. § 1.119,eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision forNAC 445.556)71FR150403/27/2006445B.121“Opacity” defined.“Opacity” means the property of a substance tending to obscure vision and measured in terms ofpercent obscuration. The relationship between opacity andRingelmann number is approximately equal to the following(Superseded71FR150403/27/20069ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445.557)in shades of white to gray.Opacity Ringelmann(Percent)Number20............................................................... 140.............................................................. 260.............................................................. 380.............................................................. 4100.............................................................. 5[Environmental Comm’n, Air Quality Reg. § 1.44,eff. 11-7-75; renumbered as §1.120, 12-4-76]—(Substituted inrevision for NAC 445.557)445B.122“Open burning” defined.“Open burning” means any fire from which the products of combustion are emitted into theatmosphere without passing through a stack or chimney.(Superseded445.558)[Environmental Comm’n, Air Quality Reg. § 1.45,eff. 11-7-75; renumbered as §1.21, 12-4-76]—(Substituted inrevision for NAC 445.558)71FR150403/27/2006445.559"Operating permit" defined."Operating permit" means a document issued and signed by the director approving, with or without restrictions, theoperation of a new or existing single source of air contaminants.[Environmental Comm'n, Air Quality Reg. 1.46,eff. 11-7-75; renumbered as 1.122, 12-4-76](c)(25)(i)(A)445B.125“Ore” defined.“Ore” means a natural combination of minerals from which a metal can be extracted.(Superseded445.560)[Environmental Comm’n, Air Quality Reg. Art. 1§ 3, eff. 11-17-78]—(Substituted in revision for NAC 445.560)71FR150403/27/2006445B.127“Owner or operator” defined.“Owner or operator” means any person who owns, leases, operates, controls orsupervises an affected facility or a stationarysource of which an affected facility is a part.(Superseded445.561)[Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.561)71FR150403/27/2006445B.129“Particulate matter” defined.“Particulate matter” means any material except uncombined water that exists in afinely divided form as a liquid or solid at reference conditions.(Superseded445B.562)[Environmental Comm’n, Air Quality Reg. § 1.47,eff. 11-7-75; renumbered as §1.124, 12-4-76]—(Substituted inrevision for NAC 445.562)71FR150403/27/2006445B.130“Pathological wastes” defined.“Pathological wastes” means human and animal remains consisting of carcasses,organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar stationary sources.(Superseded445.563)[Environmental Comm’n, Air Quality Reg. § 1.48,eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC A 10-30-95)71FR150403/27/200610ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445B.134(Superseded445.564)NAC 445B.134“Person” defined.“Person” has the meaning ascribed to it in NRS 0.039 and includes theState of Nevada, political subdivisions, administrativeagencies 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 byR151-06, 9-18-2006)72FR198014/20/2007445.565"Petroleum" defined."Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.[Environmental Comm'n, Air Quality Reg. 1.127, eff. 12-4-76](c)(25)(i)(A)445B.135“PM10” defined.“PM10” means any particulate matter in the atmosphere with an aerodynamic diameter less than orequal to a nominal 10 micrometers as measured by an approved reference method or equivalent method based on 40C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53.(Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted in revision for NAC 445.5655)71FR150403/27/20061.131Point source. Any stationary source causing emission in excess of 23 metric tons (25 tons) per year of any pollutant forwhich there is ambient air standard, or without regard to amount of emission, stationary sources such as those listed in40 CFR 51, Appendix C.(c)(14(viii)445.570"Portland cement plant" defined."Portland cement plant" means any facility manufacturing portland cement by either the wet or dry process.[Environmental Comm'n, Air Quality Reg. 1.132, eff. 12-4-76](c)(25)(i)(A)445.574"Precious metal" defined."Precious metal" means a metal of thegold, 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 whichis primarily engaged in crushing, screening, grinding,handling, loading, transferring or storingany 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.144“Process equipment” defined.“Process equipment” means any equipment used for storing, handling, transporting,processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.601,inclusive, as fuel-burning equipment or incinerators.(Superseded445.581)[Environmental Comm’n, Air Quality Reg. § 1.52,eff. 11-7-75; renumbered as §1.140, 12-4-76]—(Substituted inrevision for NAC 445.581)71FR150403/27/2006445B.145“Process weight” defined.“Process weight” means the total weight of all materials introduced into an emission unitincluding solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustionof the fuel.(Superseded445.584)[Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and renumberedas § 1.140, 8-28-79]—(NAC A 10-30-95)71FR150403/27/200611ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445.585"Process weight rate" defined."Process weight rate" means a rate established as follows:1. For continuous or long-run steady-rate operations, the total process weight for the entire period of continuousoperation 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 completeoperation or an integral number of cycles divided by the number of hours of actual process operation during such aperiod.3. Where the nature of any process or operation or the design of any equipment is such as to permit more than oneinterpretation 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 andrenumbered as 1.141, 8-28-79](c)(25)(i)(A)445B.151“Reference conditions” defined.“Reference conditions” means that all measurements of ambient air quality arecorrected to a reference temperature of77°F (25°C) and to a reference pressure of 29.92 inches (760 millimeters,1,013.2 millibars) of mercury.(Superseded445.589)[Environmental Comm’n, Air Quality Reg. § 1.53,eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A andrenumbered as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.589)71FR150403/27/2006445B.152“Reference method” defined.“Reference method” means any method of sampling and analyzing for a regulated airpollutant as described in Appendix A of 40 C.F.R. § 60.(Superseded445.590)[Environmental Comm’n, Air Quality Reg. § 1.148,eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A10-30-95)71FR150403/27/2006445.592"Registration certificate" defined."Registration certificate" means a document issued and signed by the director certifying that:1. Adequate empirical data for a single source hasbeen received and constitutes approval of location; or2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 to445.711, inclusive, and any other provisions of NAC 445.430to 445.945, inclusive, have been complied with andconstitutes 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 as1.147, 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 theAdministrator;(b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411; or(c) A standard established pursuant to NAC 445B.22097;3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or71FR7148612/11/200612ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutant regulatedunder 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent orprecursor of an air pollutant listed pursuant to 42 U.S.C. § 7408.(Added to NAC by EnvironmentalComm’n, 12-13-93, eff. 11-15-94; A 10-30-95)445.597"Roaster" defined."Roaster" means:1. Any facility in which a zinc sulfideore concentrate charge is heated in thepresence of air to eliminate 10 percent ormore of the sulfur contained in the charge; or2. Any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate 5 percentor more of the sulfur contained in the charge.[Environmental Comm'n, Air QualityReg. 1.156-1.157, eff. 12-4-76](c)(25)(i)(A)445B.161“Run” defined.“Run” means the net period of time during which an emission sample is collected. Unless otherwisespecified, a run may be either intermittent or continuous within the limits of good engineering practice.(Superseded445.599)[Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision for NAC 445.599)71FR150403/27/2006445B.163“Salvage operation” defined.“Salvage operation” means any operation conducted in whole or in part for thesalvaging or reclaiming of any product or material.(Superseded445.601)[Environmental Comm’n, Air Quality Reg. § 1.157,eff. 11-7-75; renumbered as §1.161, 12-4-76]—(Substituted inrevision for NAC 445.601)71FR150403/27/2006445B.167“Shutdown” defined.“Shutdown” means the cessation of operationof an affected facility for any purpose.(SupersededArticle 1.166)[Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision for NAC 445.606)71FR150403/27/2006445B.168“Single-chamber incinerator” defined.“Single-chamber incinerator” means an incinerator with one chamber thatserves for ignition, combustion and ash removal of a design approved by the Division of Environmental Protection ofthe State Department of Conservation and Natural Resources.(Superseded445.612)[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)71FR150403/27/20061.171Single source. All similar process operations located ata single premise which can technically and economically bereplaced by a single process that performs the same function.Two or more pieces of equipment or processes thathandle different materials or produce dissimilar products will be treated separately.(c)(14)(viii)445.617"Six-minute period" defined."Six-minute period" means any one of the 10 equal parts of a l-hour period.[Environmental Comm'n, Air Quality Reg. 1.175, eff. 12-4-76](c)(25)(i)(A)445.618"Slag" defined."Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metal from itsore.(c)(25)(i)(A)13ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD[Environmental Comm'n, Air Quality Reg. 1.176, eff. 12-4-76]445B.174“Smoke” defined.“Smoke” means small particles consisting predominantly, but not exclusively, of carbon, ash orother combustible material, resulting from incomplete combustion.(Superseded445.621)[Environmental Comm’n, Air Quality Reg. § 1.59,eff. 11-7-75; renumbered as §1.179, 12-4-76]—(Substituted inrevision for NAC 445.621)71FR150403/27/2006445B.176“Solid waste” defined.“Solid waste” means refuse, more than 50 percent of which is municipal type waste consistingof a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles andnoncombustible materials such as glass and rock.(Superseded445.622)[Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.622)71FR150403/27/2006445B.177“Source” defined.“Source” has the meaning ascribed to it in NRS 445B.155.(SupersededArticle 1.181)[Environmental Comm’n, Air Quality Reg. § 1.60,eff. 11-7-75; renumbered as § 1.177, 12-4-76]—(NAC A 10-30-95)71FR150403/27/200645B.180“Stack” and “chimney” defined.“Stack” or “chimney” means any flue, conduit or duct which conducts a regulatedair pollutant to the atmosphere.(Superseded445.624)[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)71FR150403/27/2006445B.182“Standard” defined.“Standard” means a standard of performance that is proposed or promulgated by theAdministrator or the Director pursuant to NAC 445B.001 to 445B.735, inclusive.(SupersededArticle 1.185)[Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-94)71FR150403/27/2006445B.185“Start-up” defined.“Start-up” means the setting in operation of an affected facility for any purpose.(Superseded445.627)[Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.627)71FR150403/27/20061.187Stationary source. Any building, structure, facility, orinstallation which emits or may emit any air pollutant and whichcontains any one or combination of the following;1. affected facilities;2. existing facilities;3. facilities of the type for which no standards have been promulgated.(c)(14)(viii)445.630"Stop order" defined."Stop order" means a written notice by the director served on a person or persons causing or engaging in theconstruction, installation or alteration of work involving anair contaminant source or sources ordering the work to bestopped.[Environmental Comm'n, Air Quality Reg. 1.63,eff. 11-7-75; renumbered as 1.184, 12-4-76](c)(25)(i)(A)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(c)(25)(i)(A)14ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDthe bottom of the tank; or2. When applied to a tank which is loaded from the side, any fill pipe, the discharge of which is entirely submergedwhen the liquid level is two times the diameter of the fill pipe above the bottom of the tank.[Environmental Comm'n, Air Quality Reg. 1.64,eff. 11-7-75; renumbered as 1.191, 12-4-76]445B.198“Uncombined water” defined.“Uncombined water” means visible mist or condensed water vapor.(Superseded445.647)[Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 12-4-76; A and renumberedas § 1.200, 8-28-79]—(Substituted in revision for NAC 445.647)71FR150403/27/2006445.649"Violation" defined."Violation" means any incident of excess emissions,regardless of the circumstances of the occurrence.[Environmental Comm'n, Air Quality Reg. 1.203, eff. 8-28-79](c)(25)(i)(A)445B.202(Superseded445.650)“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 renumberedas § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.650)71FR7148612/11/2006445B.205“Waste” defined.“Waste” means useless, unneeded, or superfluous matter or discarded or excess material.(Superseded445.651)[Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 12-4-76; A and renumberedas § 1.205, 8-28-79]—(Substituted in revision for NAC 445.651)71FR150403/27/2006445B.207“Wet garbage” defined.“Wet garbage” means a combination of waste and garbage which contains more than 50percent moisture.(Superseded445.653)[Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 12-4-76; A and renumberedas § 1.207, 8-28-79]—(Substituted in revision for NAC 445.653)71FR150403/27/2006445B.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)71FR150403/27/2006445B.211Abbreviations.The abbreviations used in NAC 445B.001 to 445B.3497, inclusive, have the following meanings:(Partiallysupersedes445.655;revisions tothis sectionwill befinalizedwhen EPAhascompletedall action onBACT............................................................... bestavailable control technologyBtu....................................................................British thermal unitC.F.R................................................................ Code ofFederal RegulationsCO2.................................................................. carbon dioxide°F..................................................................... degree FahrenheitHg.....................................................................mercuryH2S................................................................... hydrogen sulfidelb...................................................................... poundNO................................................................... nitric oxideNOx................................................................. nitrogen oxidesO2..................................................................... oxygen71FR150403/27/200615ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDNDEP’sASIP updatesubmittal)ppm..................................................................parts per millionSO2................................................................... sulfurdioxideVOC................................................................. volatile organic compound[Environmental Comm’n, Air Quality Reg. § 1.213,eff. 12-4-76; A and renumbered as § 1.209, 8-28-79]—(NAC A10-15-85; R105-97, 3-5-98; R040-01, 10-25-2001; R125-04, 9-24-2004)445.655Abbreviations. The abbreviations used in these regulations have the following meanings:A.S.T.M. - American Society for Testing and Materials°C - degree Celsius (centigrade)cal - calorieCdS - cadmium sulfidecfm - cubic feet per minuteCO - carbon monoxidedscm - dry cubic meter at standard conditionsdscf - dry cubic feet at standard conditionsEAF - electric arc furnaceeq - equivalentsg - gramgal - gallong eq - gram equivalentsgr - grainhr - hourHCl - hydrochloric acidH2O - waterH2SO4- sulfuric acidin - inch°K - degree Kelvink - 1,000kg - kilogram1 - literlpm -liter per minutem - metermeq - milliequivalentmin - minutemg - milligram16ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDml - millilitermm - millimetermol. wt. - molecular weightmV - millivoltN2- nitrogennm - nanometer - 10-9meterNO2- nitrogen dioxideppb - parts per billionpsia - pounds per square inch absolute°R - degree Rankines - at standard conditionssec - secondSO3- sulfur trioxideug/m3 - micrograms - 10-6gramP2O5- phosphorus pentoxideKg-cal - kilogram-calorieCFR - Code of Federal Regulations[Environmental Comm'n, Air Quality Peg. 1.213,eff. 12-4-76; and renumbered as 1.209, 8-28-79]445.660Severability.If any of the provisions of NAC 445.430 to 445.846, inclusive,or any application thereof to any person, thing, orcircumstance is held invalid, it is intended that such invaliditynot 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(c)(25)(i)(A)445.663Concealment of emissions prohibited.Except for the sole purpose of reducing the odor of an emission, no person may install, construct or use any devicewhich conceals any emission without reducing the totalrelease of air contaminants to the atmosphere.[Environmental Comm'n, Air Quality Reg. 2.2.1, eff. 11-7-75](c)(25)(i)(A)445.664Pollution control equipment: Operation; modification; removal.Except as provided in NAC 445.667 and 445.668, no person may:1. Operate any source of air pollution unless the required pollution control equipment is on and operating.2. Disconnect, alter, remove or modify any required pollution control equipment or procedure unless the alteration ormodification has been found not to violate NAC 445.430 to 445.846, inclusive.[Environmental Comm'n, Air Quality Reg. 2.2.2, eff. 12-15-77](c)(25)(i)(A)445.665Hazardous 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(c)(25)(i)(A)17ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDpollution control agency, upon determining that a generalized condition of air pollution exists or that the emission fromone or more single sources of air contaminants is causing a danger to human health or safety, may order personscausing or contributing to the air pollution to immediately reduce or discontinue all emission of contaminants.[Environmental Comm'n, Air Quality Reg. 2.4.1, eff. 11-7-75]445B.230(Superseded445.666)NAC 445B.230[445.666]Plan for reduction of emissions.1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric tons) or more per year of aregulated air pollutant from a stationary source shall prepare and submit to the Director a plan for reducing oreliminating that emission in accordance with the episode stages of alert, warning, and emergency as defined in theapplicable state implementation plan.2. Any person required to have an operating permit whois able to cause or permit the emission of less than 100tons (90.7 metric tons) per year of a regulated air pollutant shall, upon written notice from the Director, prepare andsubmit 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 mustbe transmitted in accordance with subsection 4 to allpersons who are within the same classification of sources as defined in theStandard Industrial Classification Manual,adopted by reference in NAC 445B.221, and who are able tocause or permit the emission of less than 100 tons (90.7metric tons) per year of a regulated air pollutant.4. Written notice shall be deemed to have been served ifdelivered to the person to whom addressed or if sent byregistered 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]—(NACA 10-30-95; R125-04, 9-24-2004;R151-06, 9-18-2006)72FR198014/20/2007445.667Excess emissions: Scheduled maintenance; testing; malfunctions.1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissions of aircontaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated by thedirector as being favorable for atmospheric ventilation.2. The director must be notified in writing of the time and expected duration at least 24 hours in advance of anyscheduled maintenance or repairs which may result inexcess emissions of air contaminants prohibited by NAC445.430 to 445.846, inclusive.3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, or upsetof process or pollution control equipment or duringstartup of such equipment. Phone (702) 885-4670.4. The owner or operator of an affected facility shallprovide the director, within 15 days after any malfunction,breakdown, upset, startup or human error sufficient information to enable the director to determine the seriousness ofthe excess emissions. The submission must include as a minimum:(a) The identity of the stack and other emission pointor 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(c)(25)(i)(A)18ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDlimitation and the operating data and methods used in estimating the magnitude of the excess emissions.(c) The time and duration of the excess emissions.(d) The identity of the equipment causing the excess emissions.(e) If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction and the steps takenor 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 timesmaintained and operated, to a maximum extent practicable, in a manner consistent with good practice for minimizingemissions.[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]2.5Scheduled Maintenance, Testing, and Breakdown or Upset2.5.4Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal operations,shall not be considered a violation of these regulations.(c)(11)445.682Testing and sampling.1. To determine compliance with NAC 445.430 to 445.846, inclusive, prior to approval of or prior to the continuanceof an operating permit or similar class of permits, the director may either conduct or order the owner of any source toconduct or have conducted such testing and sampling as thedirector determines necessary. Testing and sampling oreither of them must be conducted within 60 days afterachieving the maximum production rate at which the affectedfacility will be operated, but not later than 180 days after initial startup of such facility and at such other times as maybe required by the director.2. Performance tests must be conducted and data reduced in accordance with the test methods and procedurescontained in each applicable subsection unless the director:(a) Specifies or approves, in specific cases, the useof a reference method with minor changes in methodology;(b) Approves the use of an equivalent method;(c) Approves the use of an alternative method, the resultsof which he has determined to be adequate for indicatingwhether a specific source is in compliance; or(d) Waives the requirement for performance tests becausethe owner or operator of a source has demonstrated by othermeans to the director's satisfaction that the affected facility is in compliance with the standard.3. Performance tests must be conducted under such conditionsas the director specifies to the plant operator based onrepresentative performance of the affected facility. The owner or operator shall make available to the director suchrecords as may be necessary to determine the conditions of the performance tests. Operations during periods of startup,shutdown and malfunction must not constitute representativeconditions of performance tests unless otherwise specifiedin the applicable standard.4. The owner or operator of an affected facility shall provide the director 30 days' prior notice of the performance test(c)(25)(i)(A)19ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDto afford the director the opportunity to have an observer present.5. Each performance test must consist of at least two separate runs using the applicable test method. Each run must beconducted for the time and under the conditions specified in the applicable standard. For the purpose of determiningcompliance with an applicable standard, the arithmetic meansof results of the runs apply. In the event of forcedshutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or othercircumstances with less than two valid samples being obtained, an additional performance test must be conducted.6. All testing and sampling will be performed in accordance with recognized methods and as specified by the director.7. The cost of all testing and sampling and the costof all sampling holes, scaffolding, electric power and otherpertinent allied facilities as may be required and specified inwriting by the director must be provided and paid for bythe owner of the source.8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and asto their compliance with all provisions of these regulations,and copies of these results must be provided to both theowner and the director.[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]2.16.1Any owner or operator subject to the provisions of thispart shall furnish the Director written notification as follows:(c)(12)2.16.1.1A notification of the date construction (or reconstruction as defined under 2.15) of an affected facility is commencedpostmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-producedfacilities which are purchased in completed form.(c)(12)2.16.1.2A notification of the anticipated date of initial startup of an affected facility postmarked not more than 60 days not lessthan 30 days prior to such date.(c)(12)2.16.1.3A notification of the actual date of initial startup ofan affected facility postmarked within 15 days after such date.(c)(12)2.16.1.4A notification of any physical or operational change toan existing facility which may increase the emission rate ofanyair pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in2.14 and the exemption is not denied under 2.14. This notice shall be postmarked 60 days or as soon as practicablebefore the change is commenced and shall include information describing the precise nature of the change, present andproposed emission control systems, productive capacity of thefacility before and after the change, and the expectedcompletion date of the change. The Director may request additional relevant information subsequent to this notice.(c)(12)2.16.2.5A notification of the date upon which demonstrationof the continuous monitoring system performance commences inaccordance with 2.17. Notification shall be postmarked not less than 30 days prior to such date.(c)(12)445B.256(SupersededArt.2.17.10and2.17.10.1Monitoring systems: Calibration, operation and maintenance of equipment.The owners or operators of allstationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to install,calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specifiedin Appendix P for the applicable source category. Those stationary sources must meet the basic requirements ofAppendix 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)71FR7148612/11/200620ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445B.257(SupersededArt. 2.17.6and 2.17.7)Monitoring systems: Location.1. All continuous monitoring systems or monitoring devicesmust be installed so that representative measurementsof emissions or process parameters from the affected facility are obtained. Additional procedures for location ofcontinuous monitoring systems are contained in the applicable Performance Specifications of Appendix B of 40 C.F.R.§ 60.[Environmental Comm’n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in revision for NAC445.684)71FR7148612/11/2006445B.258(Superseded445.685)Monitoring systems: Verification of operational status.2. All continuous monitoring systems and monitoring devices must be installed and operational before conductingperformance tests under NAC 445B.252. Verification of operational status must, as a minimum, consist of thefollowing:(a) For continuous monitoring systems referred toin subsection 2 of NAC 445B.259, completion of theconditioning period specified by applicable requirements in Appendix B of40 C.F.R. Part 60.(b) For continuous monitoring systems referred to inNAC 445B.260, completion of 7 days of operation.(c) For monitoring devices referred to in NAC 445B.256 to445B.267, inclusive, completion of the manufacturer’swritten requirements or recommendations for checking the operation or calibration of the device.[Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)72FR198014/20/2007445B.259(Superseded445.686)Monitoring systems: Performance evaluations.1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such othertimes as may be required by the Director under § 114 of the Act, the owner or operator of any affected facility shallconduct continuous evaluations of the performance of monitoring systems and furnish the Director within 60 daysthereof two or upon request more copies of a written report ofthe results of such tests. These evaluations must beconducted in accordance with the specifications and procedures provided in this section and NAC 445B.260.2. Except as provided in NAC 445B.260, continuous monitoring systems listed within this subsection must beevaluated in accordance with the requirements and procedurescontained in the applicable performance specification ofAppendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring:(a) Opacity of emissions must comply with Performance Specification 1.(b) Nitrogen oxides emissions must comply with Performance Specification 2.(c) Sulfur dioxide emissions must comply with Performance Specification 2.(d) The oxygen and carbon dioxide content of effluent gases must comply with Performance 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)72FR198014/20/2007445B.260(Superseded445.687)Monitoring systems: Components contracted for before September 11, 1974.1. Except as otherwise provided in subsection 2, anowner or operator who, beforeSeptember 11, 1974, enteredinto a binding contractual obligation to purchase specific continuous monitoring system components shall comply withthe following requirements:72FR198014/20/200721ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD(a) Continuous monitoring systems for measuring opacityof emissions must be capable of measuring, with aconfidence level of 95 percent, emission levels within±20 percent of the mean value of the data obtained using theapplicable reference method set forth in terms of the units of the emission standard. The calibration drift test andassociated calculation procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. Part 60 must beused for demonstrating compliance with this specification.(b) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be capable ofmeasuring , with a confidence level of 95 percent, emission levels within±20 percent of the mean value of the dataobtained using the applicable reference method set forth interms of the units of the emission standard. The calibrationdrift test, the relative accuracy testand associated operating and calculation procedures set forth in PerformanceSpecification 2 in Appendix B of 40 C.F.R. Part 60 must beused for demonstrating compliance with this specification.2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6,1975, are not required to conduct tests under paragraphs (a)and (b) of subsection 1 unless requested by the Director.3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessary, withnew continuous monitoring systems, and such improved systems must be demonstrated to comply with applicableperformance 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)445B.261(Superseded445.688)Monitoring systems: Adjustments.Owners or operators of all continuous monitoring systems installed inaccordance with the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span drift at leastonce daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturerrecommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and spanmust, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicableperformance 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 forNAC 445.688)71FR7148612/11/2006445B.262(Superseded445.689)Monitoring systems:Measurement of opacity.1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to theeffluent gases must be cleaned before performing the zero or span drift adjustments, except that for systems usingautomatic zero adjustments, the optical surfaces must be cleaned when the cumulative automatic zero compensationexceeds 4 percent opacity. Unless otherwise approved by the director, the following procedures, as applicable, must befollowed:(a) For extractive continuous monitoring systems measuring gases, minimum procedures must include introducingapplicable zero and span gas mixtures into the measurementsystem as near the probe asis practical. Span and zerogases certified by their manufacturer to be traceable to National Institute of Standards and Technology reference gasesmust be used whenever these reference gases are available. The span and zero gas mixtures must be the samecomposition as specified in Appendix B of 40 C.F.R. Part 60.Every 6 months after the date of manufacture, span and71FR7148612/11/200622ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDzero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NO, and 3 forO2and CO2, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed bythe manufacturer.(b) For nonextractive continuous monitoring systems measuring gases, minimum procedures include upscalechecks using a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration.The zero check may be performed by computing the zerovalue from upscale measurements or by mechanicallyproducing a zero condition.(c) For continuous monitoring systems measuring opacityof emissions, minimum procedures include a method forproducing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral densityfilter or other related technique to produce a known obscuration of the light beam. These procedures must provide asystem check of the analyzer internaloptical surfaces and all electronic circuitry including the lamp and photodetectorassembly.2. Notwithstanding the provisions of subsection 1, theDirector shall not approve an equivalent method oralternative method to determine compliance with a standardor emission limitation contained in Part 60, 61 or 63 ofTitle 40 of the Code of Federal Regulations for:(a) An emission unit that is subject to a testing requirementpursuant to Part 60, 61 or 63 of Title 40 of the Code ofFederal Regulations; or(b) An affected source.[Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1,eff. 12-4-76; A 12-15-77; §§2.17.4.2 & 2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003)445B.263(Superseded445.690)Monitoring systems: Frequency of operation.Except for system breakdowns, repairs, calibration checks, and zeroand span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous operationand meet minimum frequency of operation requirements as follows:1. All continuous monitoring systems referred toin NAC 445B.259 and 445B.260 for measuring opacity ofemissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for eachsuccessive 10-second period.2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, sulfurdioxide, carbon dioxide or oxygen must complete a minimum ofone cycle of operation (sampling, analyzing and datarecording) for each successive 15-minute period.3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a minimum ofone 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 NAC445.690)71FR7148612/11/2006445B.264(SupersededMonitoring systems: Recordation of data.1. Owners or operators of all continuous monitoring systems for themeasurement of opacity shall reduce all data to 6-minuteaverages and for systems other than opacity to 1-hour71FR7148612/11/200623ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445.691)averages.2. For systems other than opacity, 1-hour averages mustbe computed from four or more data points equally spacedover each 1-hour period.3. Data recorded during periods of system breakdowns,repairs, calibration checks, and zero and span adjustmentsmust not be included in the data averages computed under this section. An arithmetic or integrated average of allcalibrated data must be used. The data output of all continuous monitoring systems may be recorded in reduced ornonreduced form, e.g., ppm pollutant and percent O2or lb/million Btu of pollutant.4. All excess emissions must be converted into units ofthe standard using the applicable conversion proceduresspecified in NAC 445B.001 to 445B.3497, inclusive. After conversion into units of the standard, the data may berounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., roundedto the nearest 1 percent opacity.5. As used in this section, “calibrated data” meansdata which is precise and accurate within a stated acceptancecriteria 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)445B.265(Superseded445.692)Monitoring systems: Records; reports.1. Any owner or operator subject to the provisions of NAC445B.256 to 445B.267, inclusive, shall maintain records ofthe occurrence and duration of any start-up, shutdown or malfunction in the operation of an affected facility and anymalfunction of the air pollution control equipment or any periods during which a continuous monitoring system ormonitoring device is inoperative.2. Each owner or operator required to install a continuous monitoring system shall submit a written report of excessemissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day following theend of each calendar quarter and must include the following information:(a) The magnitude of excess emissions computed inaccordance with NAC 445B.256 to 445B.267, inclusive, anyconversion 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 malfunctionsof the affected facility.(c) The nature and cause of any malfunction, if known, the corrective action taken or preventative measures adopted.(d) Specific identification of each period during which the continuous monitoring system was inoperative, except forzero and span checks, and the nature of any repairs or adjustments that were made.¬When no excess emissions have occurred and the continuous monitoring system has not been inoperative, repaired oradjusted, such information must be included in the report.3. Any owner or operator subject to the provisions of NAC445B.256 to 445B.267, inclusive, shall maintain a file of allmeasurements, including:(a) Continuous monitoring systems, monitoringdevices and performance testing measurements;(b) All continuous monitoring system performance evaluations;(c) All continuous monitoring systems or monitoring device calibration checks;71FR7148612/11/200624ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD(d) Adjustments and maintenance performed on these systems or devices; and(e) All other information required by NAC445B.256 to 445B.267, inclusive, recorded in a permanent form suitable forinspection.¬The file must be retained for at least 2 years following thedate 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 inrevision for NAC 445.692)445B.267(Superseded445.693)Alternative monitoring procedures or requirements.1. Upon written application by an owner or operator, the director may approve alternatives to any monitoringprocedures or requirements of NAC 445B.256 to 445B.267,inclusive, including, but not limited to, the following:(a) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring devicespecified by those sections would not provide accurate measurements due to liquid water or other interferences causedby substances with the effluent gases.(b) Alternative monitoring requirements when the affected facility is infrequently operated.(c) Alternative monitoring requirements to accommodatecontinuous monitoring systems that require additionalmeasurements to correct for stack moisture conditions.(d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner oroperator can demonstrate that installation at alternate locations will enable accurate and representative measurements.(e) Alternative methods of converting regulated air pollutantconcentration 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 gasesor test cells.(g) Alternatives to the test methods of the AmericanSociety for Testing and Materials or sampling proceduresspecified 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 inPerformance Specification 1, Appendix B of 40 C.F.R. Part 60,but adequately demonstrate a definite and consistentrelationship between their measurements and the measurements of opacity by a system complying with therequirements in Performance Specification 1. The director may require that such demonstration be performed for eachaffected facility.(i) Alternative monitoring requirements when the effluentfrom a single affected facility or the combined effluentfrom two or more affected facilities are releasedto the atmosphere through more than one point.2. Notwithstanding the provisions of subsection 1, theDirector shall not approve an equivalent method oralternative method to determine compliance with a standardor emission limitation contained in Part 60, 61 or 63 ofTitle 40 of the Code of Federal Regulations for:(a) An emission unit that is subject to a testing requirementpursuant to Part 60, 61 or 63 of Title 40 of the Code ofFederal 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]—71FR7148612/11/200625ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD(NAC A 10-30-95; R065-03, 10-30-2003)445.694Emission discharge information.Emission discharge information, as correlated to mass emission rates or ambient air quality regulations related to allregistration certificates and operating permits, will be maintained by the director as public information at 201 SouthFall 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)445.696Notice of violations; appearance before commission.1. When in the opinion of the directorthere is a violation of any provision ofNAC 445.430 to 445.846, inclusive, or anapproved compliance schedule, he shall cause a written noticeto be served upon the person responsible for the allegedviolation. The director shall issue a noticeof violation to any owner or operator who:(a) Fails to construct a source in accordancewith the application as approved by the director;(b) Fails to construct and operate a source in accordancewith the conditions imposed by the director which appear onthe registration certificate; or(c) Commences construction or modification of a source without applying for and receiving a registration certificateas required by NAC 445.430 to 445.846, inclusive.2. The written notice must specify the provision ofNAC 445.430 to 445.846, inclusive, or the approved complianceschedule that is being violated and the facts constituting the alleged violation. It may include an order to takecorrective action or require submission of a schedule for compliance within a specified reasonable time. The orderbecomes final unless, within 10 calendar days after serviceof the written notice, the person named in the order requestsa hearing before the commission.3. Written notice shall be deemed to have been servedif delivered to the person to whom addressed or if sent byregistered or certified mail to thelast known address of the person.4. With or without the issuance of an order to take corrective action or require submission of a schedule forcompliance within a specified reasonable time, the director may require the person to appear before the commission at aspecified time or place or the commission may initiate action to levy the appropriate fine.[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](c)(25)(i)(A)445.697Stop orders.1. A stop order will be issued if:(a) The proposed construction, installation, alterations or establishment will not be in accordance with the provisionsof the plans, specifications and other design material required to be submitted for registration; or(b) The design material or the construction itself is ofsuch a nature that it patently cannot bring the source intocompliance with NAC 445.430 to 445.846, inclusive.2. A stop order can be issued at any time before the operating permit is granted, except that a stop order for a sourcemust not be issued after construction or modification has commenced if the construction is in accordance with theprovisions of the registration certificate as submitted and approved by the director under NAC 445.708 to 445.711,inclusive.(c)(25)(i)(A)26ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD3. A person served with a stop order:(a) Shall forthwith 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 theissuance of the stop order no longer exist. If the directorfinds that the reasons for the issuance of the stop order nolonger exist, he shall withdraw the order promptly. If thedirector finds that the reasonsfor the issuance of the stoporder still exist, or that other reasons exist for continuinga stop order in effect, he shall, within 24 hours, serve awritten statement of his reasons for so finding.[Environmental Comm'n, Air QualityReg. 3.3.1-3.3.5, eff. 11-7-75]445.704Registration certificatesand operating permits required.1. Unless exempted under NAC 445.705:(a) A registration certificate and an operating permit are required for all new sources.(b) An existing single source requires only an operating permit.2. Registration certificates and operating permits for single sources may be issued through an approved local airpollution control program.3. Registration certificates and operating permits are nontransferable as to location, owner or equipment. Areplacement registration certificate or operating permit may beissued with the identical conditions upon change ofownership or name of source for the effective time remaining on the original certificate or permit by filing a request forreplacement with the director on the application formprovided by him accompanied by the appropriate fee.[Environmental Comm'n, Air Quality Reg. 3.1.1-3.1.3,eff. 11-7-75; A 12-15-77; 3.1.9, eff. 11-7-75; A 12-4-76](c)(25)(i)(A)445.705Exemptions.The following existing and new single sources do not require either registration certificates or operating permits:1. Air-conditioning equipment or fuel-burning equipment having a rating of less than 4,000,000 Btu's (1,000,000kg-cal) per hour.2. Motor vehicles, special mobile equipment and internal combustion engines.3. Residential and commercial housekeeping vacuum systems.4. Incinerators with less than 25 lb (11 kg) per hour rated burning capacity.5. Agricultural land use.6. Storage containers for gasoline, petroleum distillateor other volatile organic compounds having a capacity of lessthan 40,000 gallons (150 kiloliters).7. Equipment or contrivances used exclusively for the processing of food for human consumption.8. Disturbing topsoil of less than 20 acres (8 hectares).9. Process weight rates of less than 50 lb (23 kg) per hour.[Environmental Comm'n, Air Quality Reg. 3.1.8, eff. 11-7-75](c)(25)(i)(A)445.706Application date; payment of fees.1. A United States registered or certified postmark date establishes the official date of all applications for registrationcertificates and operating permits.(c)(25)(i)(A)27ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD2. All fees must be paid to the State of Nevada or the local agency which certified issuance of the certificate or permitand are not refundable.[Environmental Comm'n, Air Quality Reg. 3.1.4 & 3.1.7, eff. 11-7-75]445.707Registration certificates: Prerequisite;application; fee; issuance, denial; expiration.1. A separate registration certificate is required for each new or modified single source.A valid registration certificatemust be obtained before the commencement of constructionor alteration of any single source of air contaminant.2. Requests for the issuance of a registration certificate orthe replacement of a lost or damaged registration certificatewith the appropriate fee must be submitted to the directoron the application form provided by him. The fee for eachinitial registration certificate, itsreplacement, or renewal is $10.3. Within 5 working days after receiving an application for registration the director shall determine if any additionalinformation is needed. Within 15 days after receiving adequate information the director shall make a preliminarydetermination to issue or deny a registration certificate. The director shall give preliminarynotice of his intent to issueor deny a registration certificate for a single source within15 days after receiving adequate information for reviewingthe registration application.4. The application, the director's review and preliminaryintent to issue or deny must be made public and maintainedon file with the director during normal business hours at201 South Fall Street, Carson City, Nevada, and in the airquality region where the source is located at a site specifiedin a prominent advertisement by the director for 30 days toenable public participation and comment. All comments on thedirector's review and preliminary intent for issuance ordenial must be submitted in writing to the director within 30 days after the public announcement.5. Within 75 days after receiving adequate information,pursuant to NAC 445.708 to 445.711, inclusive, the directorshall issue or deny a registration certificate. The director shall make his decision by taking into account written publiccomments on the director's review and preliminary intentfor issuance or denial, project proponent submittal and theeffect of such a facility on the maintenance of the ambient air quality standards contained in NAC 445.843 and thecontrol strategy contained in the air quality plan.6. A registration certificate only expires if construction ofa new or modified source is not commenced within 1 yearfrom the date of issuance thereof or construction ofthe facility is delayed for 1 year after initiated.[Environmental Comm'n, Air Quality Reg. 3.2.1, eff. 11-7-75; A 12-4-76; 3.2.2, eff.11-7-75; A 12-15-77; 8-28-79;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](c)(25)(i)(A)445.712Operating permits: Prerequisite;application; fee; issuance, denial; posting.1. A separate operating permit is required for each new or existing single source. Possession of a valid registrationcertificate is a prerequisite to obtainingthe initial operating permit for a new source.2. Application for the issuance of an initial operating permit must be submitted in writing to the director on the exactform provided by him and with the appropriate fee prior to the date of the proposed initial operation of the source. Thefee for each initial operating permit is $50.3. An operating permit must be granted if the director finds from a stack emission test or other appropriate test and(c)(25)(i)(A)28ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDother relevant information that use of the source will not result in any violation of the air quality regulations or 40C.F.R. Parts 60 and 61, New Source Performance Standards and National Emission Standards for Hazardous AirPollutants.4. A denial of an application for an operating permit must be accompanied by a statementof the reasons therefor, andif the director has relied in his decision upon information not contained in the application, the statement of reasons mustidentify and state the substance of such information.5. Operating permits must be posted conspicuously at or near the single source.[Environmental Comm'n, Air Quality Reg. part 3.4.1 & 3.4.2,3.4.3, 3.4.5 ~ 3.4.6, eff. 11-7-75; 3.4.7, eff. 11-7-75; A8-28-79]3.1.6Application forms for requesting the issuance of either a registration certificate or an operating permit can be obtainedfrom the Director(c)(11)445.713Operating permits: Renewal.1. Operating permits must be renewed 5 years after the date of issuance.2. Requests for the renewal of an operating permit must besubmitted, in writing, to the director with the appropriatefee at least 30 calendar days prior to the expiration date of the current permit.3. The fee for each renewed operating permit is $50.[Environmental Comm'n, Air Quality Reg. part3.4.1 & 3.4.4 & 3.4.8, eff. 11-7-75](c)(25)(i)(A)445.714Operating permits: Replacement of lost or damaged permits.1. Requests for the replacement of a lost or damaged operating permit must be made, in writing, to the director withthe appropriate fee within 30 calendar days after the date of its loss or destruction.2. The fee for the replacement of a lost or damaged operating permit is $10.[Environmental Comm'n, Air Quality Reg. 3.4.9 & 3.4.12, eff. 11-7-75](c)(25)(i)(A)445.715Operating permits: Revocation.1. An operating permit may be revoked ifthe control equipment is not operating.2. An operating permit may be revoked by the director upon determining that there has been a violation of NAC445.430 to 445.846, inclusive, or 40 C.F.R. Parts 60 or 61,New Source Performance Standards and National EmissionStandards for Hazardous Air Pollutants.3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit must besurrendered immediately unless a hearing is requested.4. The fee for reissuing an operating permit thathas been revoked or allowed to expire is $100.[Environmental Comm'n, Air Quality Reg. 3.4.10, eff. 11-7-75; A 8-28-79; 3.4.13 & 3.4.14, eff. 11-7-75](c)(25)(i)(A)445.716Operating permits: Change of location.Requests for change of location must be made in writing tothe director with a $2 fee for each operating permit at least30 calendar days prior to the operation of the source at thenew location. The source must not be operated at the newlocation until the director approves of the location.[Environmental Comm'n, Air Quality Reg. 3.4.11, eff. 11-7-75; A 12-15-77](c)(25)(i)(A)29ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD445B.22017(Superseded445.721)Visible emissions: Maximumopacity; determination.1. Except as otherwise provided in this section and NAC 445B.2202,no owner or operator may cause or permitthe discharge into the atmosphere from any emission unit whichis of an opacity equal to or greater than 20 percent.Opacity must be determined by one of the following methods:(a) If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 9 inAppendix A of 40 C.F.R. Part 60.(b) If a source uses a continuous monitoring system for the measurement of opacity, the data must be reduced to 6-minute averages as set forth in 40 C.F.R. § 60.13(h).2. The provisions of this section and NAC 445B.2202 do notapply to that part of the opacity that consists ofuncombined water. The burden of proof to establish the application of this exemption is upon the person seeking to comewithin the exemption.3. If the provisions of 40 C.F.R. Part 60, Subpart D or Daapply to an emission unit, the emission unit must be allowedone 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 theowner or operator specified in the permit for the facilityin accordance with NAC 445B.256 to 445B.267, inclusive.[Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff.8-28-79]—(NAC A 9-19-90; 10-30-95; R118-00, 9-25-2000)—(Substituted in revision for NAC 445B.354)72FR259725/8/2007NAC445B.2202(SupersededArticles 4.3,4.3.1-4.3.3,4.3.5)Visible emissions: Exceptions for stationary sources.The provisions of NAC 445B.22017donot apply to:1. Smoke from the open burning described in NAC 445B.22067;2. Smoke discharged in the course of training air pollution control inspectors to observe visible emissions, if the facilityhas written approval of the Commission;3. Emissions from an incinerator as set forth in NAC 445B.2207; or4. Emissions of stationary diesel-powered enginesduring warm-up for not longer than 15 minutes to achieve operatingtemperatures.[Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff.12-4-76; A and renumbered as §4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; R198-03,4-26-2004, eff. 3-1-2006)72FR259725/8/2007NAC445B.22027Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates.For purposesof NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allowableemission 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)72FR259725/8/2007445.729Process weight rate for calculating emission rates.For purposes of NAC 445.729 to 445.737, inclusive, the processweight rate to be used to calculate allowable emission(c)(25)(i)(A)30ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDrates must be the weight rates for single sources.[Environmental Comm'n, Air QualityReg. 7.2.4, eff. 11-7-75; A 12-4-76]445.730Colemanite flotation processing plants.1. The maximum amount of particulate matter which may be emitted in an hour by any colemanite flotationprocessing plant and the formulas by which the amount will be determined are:(a) For a crushing, screening or grinding plant, a maximum of 2.5 pounds (1.13 kilograms) per hour as calculated by:E = 0.02 x 10-3P (0.04P).(b) For a storage bin for ore or an ore product, a maximum of 0.55 pounds (0.25 kilogram) per hour as calculated by:E = 0.01 x 10-3P (0.02P).(c) For a dryer and calciner, a maximum of 10.50 pounds (4.75 kilograms) per hour as calculated by:E = 0.31 x 10-3P (0.62P).2. For the purposes of subsection 1:(a) "E" means the maximum emission rate allowed in pounds (kilograms) per hour.(b) "P" means the process weightrate 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)NAC445B.2203(Superseded445.731)Emissions of particulate matter:Fuel-burning equipment.1. No person may cause or permit the emission of PM10resulting from the combustion of fuel in fuel-burningequipment in excess of the quantity set forth in the following formulas:(a) For maximum input of heat equal to or greater than4 million Btu’s per hour, but less than or equal to 10 millionBtu’s per hour, the allowable emission is 0.6of 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 greaterthan 4,000 million Btu’s per hour, the emission must becalculated using the following equation:Y = 17.0X-0.5682. 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 for72FR259725/8/200731ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDNAC 445B.362)45B.22033Emissions of particulate matter:Sources not otherwise limited.(Superseded445.732)1. Owners or operators of stationary sources not otherwise included in NAC 445B.22027 to 445B.22037,inclusive, shall not cause or permit PM10to be discharged from any emission unit into the atmosphere in excess of theallowable 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 weightdischarged per hour must be determined by using the following equation:E = 4.10P0.673. When the maximum allowable throughput equals orexceeds 30 tons per hour, the maximum allowable weightdischarged per hour must be determined by using the following equation:E = 55P0.11- 404. For the purposes of subsections 2 and 3:(a) “E” means the maximum rate of emission in pounds per hour.(b) “P” means the maximum allowable throughput in tons per hour.[Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A10-19-83; 10-15-85; 10-22-87;9-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363)72FR259725/8/2007445B.22037(Superseded445.734)Emissions of particulate matter: Fugitive dust.1. No person may cause or permit the handling, transporting or storing of any material in a manner which allowsor may allow controllable particulate matter to become airborne.2. Except as otherwise provided in subsection 4,no person may cause or permit the construction, repair,demolition, or use of unpaved or untreated areas without first putting into effect an ongoing program using the bestpractical methods to prevent particulate matter from becomingairborne. As used in this subsection, “best practicalmethods” includes, but is not limited to, paving, chemical stabilization, watering, phased construction and revegetation.3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land or itstopsoil until he has obtained an operating permit for surface areadisturbance to clear, excavate, or level the land or todeposit any foreign material to fill or cover the land.4. The provisions of subsections 2 and 3 do not apply to:(a) Agricultural activities occurring on agricultural land; or(b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which occur on land which isnot 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)72FR259725/8/200732ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD7.2.5.1The maximum allowable weight of particulates which may be discharged per hour from the first barite grinding mill ofMilchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weight determined by theuse of the equation in paragraph (b), whichever is less:(a) Emissions of 5.6 kilograms (12.4 pounds) per hour.(b) Emissions determined by the equation E = 0.0084 P0.67(E = 1.79 P0.67), whereP = Process weight rate in kilograms (tons) per hour.E = Emission allowed in kilograms (pounds) per hour.(c)(22)(ii)445B.2204“Sulfur emission” defined.For purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” means thesulfur portion of the sulfur compounds emitted.(Superseded445.742)[Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumberedas § 8.2.4, 12-4-76; A andrenumbered as § 8.2.2, 12-15-77]—(Substituted in revision for NAC 445B.370)71FR150403/27/2006445B.22043Sulfur emissions: Calculation of total feed sulfur.For the purposes of NAC 445B.2204 to 445B.2205, inclusive,total feed sulfur must be calculated asthe aggregate sulfur content of all fuels and other feed materials whose productsof combustion and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes,roasters, converters, or other similar devices are used for converting ores, concentrates, residues, or slag to the metal orthe oxide of the metal either wholly or in part, the combinedsulfur input of all units must be used to determine theallowable emission.(Superseded445.743)[Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(Substituted in revision for NAC 445B.371)71FR150403/27/2006445B.22047Sulfur emissions: Fuel-burning equipment.(SupersededArticle 8.2,8.2.1,8.2.1.1 and8.2.1.2)1. No person may cause or permit the emission ofcompounds of sulfur caused by the combustion of fuel in fuelburning equipment in excess of the quantity calculated by the use of the formula in subsection 2 or 3.2. Where an emission unit has a maximum input ofheat of less than 250 million Btu’s per hour, the allowableemission must be calculated by the use of the following equation:Y = 0.7XFor 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 rateof emission of sulfur in pounds per hour.3. Where an emission unit has a maximum input ofheat equal to or greater than 250 million Btu’s per hour, theallowable emission of sulfur must be calculated by the use of the following equations:Liquid fuel Y = 0.4XSolid fuel Y = 0.6X71FR150403/27/200633ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDCombination FuelL(0.4X) + S (0.6X)L + SFor the purposes of this subsection:(a) “X” means the maximuminput of the operation in millions of Btu’s per hour.(b) “Y” means the allowable rateof emissions of sulfur in pounds per hour.(c) “L” means the percentage of total input of heat derived fromliquid fuel.(d) “S” means the percentage of total input of heat derived fromsolid fuel.[Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff.11-7-75; A and renumbered as §8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75;A and renumbered as § 8.2.3, 12-4-76;renumbered as § 8.2.1.2, 12-15-77;§ 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373)Y=445B.2205Sulfur emissions: Other processes which emit sulfur.(Superseded445.746)1. No person may cause or permit the emission of sulfur compounds where the sulfuroriginates in the materialbeing processed, excluding hydrogen sulfide and sulfur fromall solid, liquid or gaseous fuel, in excess of the quantitydetermined by the following equation:E = 0.292P0.904when “E” is equal to or greater than 10 pounds per hour.When “E” is less than 10 pounds per hour, the gas streamconcentration must not exceed 1,000 ppmby volume.2. For the purposes of subsection 1:(a) “E” means the allowable sulfur emission in pounds per hour.(b) “P” means the total feed sulfur, excluding hydrogen sulfide, in pounds per hour.3. When sulfur emissions aredue to sulfur contributions fromboth the fuel and the material being processed, theallowable emissions must be the sumof those allowed by this section and NAC 445B.22047.4. Incinerators used solely for the control ofodor by the combustion of noxious sulfur containing compounds areexempt fromthe provisions of NAC 445B.2204 to 445B.2205,inclusive, and are governed by the provisions of NAC445B.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 A9-5-84; 9-19-90; 12-26-91; 12-13-93; 10-30-95; 5-3-96; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.374)71FR150403/27/2006445B.22067Open burning.(SupersededArticle 5.1,5.2, 5.2.1,5.2.2, 5.2.3,1. The open burning of any combustible refuse, waste, garbage or oil, or for any salvage operations, except asspecifically exempted, is prohibited.2. Open burning:(a) For the purpose of weed abatement, conservation, disease control, gameor forest management, personnel71FR150403/27/200634ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD5.2.4, 5.2.5and 5.3)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 politicalsubdivisions and concurred in by the Director.(b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in advanceby 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 inall areas of the State except in and within 1 mile of theboundaries 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 andYerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of theCarson City line.(e) Is allowed at single-family residences located inand 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 CarsonCity and in those portions of Lyon County that are within 1 mile of the Carson City line if:(1) Authorized by an officer ofthe 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)445B.2207Incinerator burning.(Superseded445.754)1. Except as otherwise provided in subsection 6:(a) Burning in any incinerator other than the multiple-chamber type is prohibited.(b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible emission which is of anopacity 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 behigh temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auxiliaryheating unit to ensure temperatures of 1400°F (760°C) for notless than 0.3 of a second. The hearth must be frequentlycleaned 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 postedconspicuously at or near the incinerator.4. Allowable PM10emissions from incinerators of less than 2,000 lb per hour rated burning capacity may notexceed 1.8 lb/ton of dry refuse charged.5. Allowable PM10emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity must becalculated using the following equation:71FR150403/27/200635ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDE = 0.6 (40.7 x 10-5C)For the purposes of this subsection, “E” meansthe maximum allowable rate of emission of PM10in pounds per hourand “C” means the rate of charge of dry refuse in pounds per hour.6. Single-chamber incinerators may be used at single-family residences, in all areas of the State, except in andwithin 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, ElkoTownship, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells,Winnemucca and Yerington, and inside the limits of Carson Cityand in those portions of Lyon County that are within1 mile of the Carson City line, unless otherwise prohibited by local ordinances or regulations.[Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6.4-6.6.2,eff. 11-7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004)445.764Reduction of employees' pay becauseof use of system prohibited.If the owner or operator of a source uses a supplementalor intermittent control system, or other control systemdesigned to vary with atmospheric conditions, for the purposeof meeting the requirements of an order issued pursuantto § 113(d) or 119 which relates to primary nonferrous smelters in the Act, he may not temporarily reduce the pay ofany 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)16.3.3Standard for Opacity(c)(14)(viii)16.3.3.2No person shall cause, suffer, allow, or permit the discharge from any clinker cooler which exhibit greater than 10percent opacity.(c)(14)(viii)16.3.3.3On or after the date on which the performance test required by Article 2.6 is completed, no owner or operator subjecttothe provision of Article 16.3 shall cause to be discharged intothe atmosphere from any affect facility other than the kilnand clinker cooler any gases which exhibit 10% opacity or greater.(c)(14)(viii)445.8081. This section applies to those systems of thefacilities described in subsection 2 which are used for crushing,screening, grinding, handling, transferring, concentrating, refining and storing crude barite.2. No owner or operator may cause or permit the emission of particulate matter in excess of the following:(a) IMCO Services’ barite grinding mill in Battle Mountain in Air Quality Region 147, Humboldt River Basin, Basin59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton(0.03 kilograms per metric ton) ofcrude barite processed.(b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, HumboldtRiver Basin, Basin 55, Carico Lake Valley:(1) For primary crushing of barite ore, 0.015 poundsper short ton (0.0075 kilograms per metric ton) of barite oreprocessed.(2) For secondary crushing or screening of bariteore, 0.035 pounds per short ton (0.0175 kilograms per metric ton)(c)(26)(i)(A)36ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDof barite ore processed.(c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, Humboldt RiverBasin, Basin 59, Lower Reese River Valley:(1) For grinding barite ore, 0.06 pounds per short ton(0.03 kilograms per metric ton) of crude barite processed.(2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispensed.3. No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a baritegrinding mill.4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production rates andhours of operation of the mill and shall comply with all requirements for notification and recordkeeping in NAC445.660 to 445.700 inclusive.5. All test methods and procedures in NAC 445.660 to445.700, inclusive, and Appendix A, Reference Methods of 40C.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; A8-28-79; 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].445.8161. 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 metalore.2. No operator may permit the emission of particulate matter in excess of the following:(d) Freeport Gold Company’s processing plantfor precious metal in Air Quality Control Region 147, Basin 44,North Fork area:(1) For crushing, screening, grinding, handlingand transferring any precious metal or precious metal ore, 0.04lb/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/metricton).3. No owner or operator may permit the discharge ofparticulate matter of greater than 20 percent opacity from asingle source of a processing plant for precious metal.4. The owner and the operator of any processing plant for precious metal shall record the yearly production rate andhours 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; NACA 7-29-82; 10-19-83](c)(26)(i)(A)445B.2209Reduction of animal matter.(Superseded445.845)1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prohibitedunless all gases, vapors and gas-entrained effluents are:71FR150403/27/200637ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DD(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 processingof food for human consumption.[Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for NAC445B.394)445B.22093Organic solvents and other volatile compounds.(Superseded445.846 andArticles9.2,9.2.1,9.2.1.1 and9.2.1.2)1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manure must beprocessed, stored, used and transported insuch a manner and by such means as to minimize the tendency to evaporate, leak,escape or be otherwise discharged into the ambient air causing or contributing to air pollution. If methods of control areavailable and feasible effectively to reduce the contributionto air pollution from evaporation, leakage or discharge, asdetermined by the director, the installation and use of such methods, devices or equipment for control is mandatory.2. No person may place, store or hold in any new reservoir,stationary tank or other container with a capacity equal toor greater than 40,000 gallons (150 kiloliters) any gasoline,petroleum distillate, or volatile organic compound having avapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless thetank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent loss ofvapor or gas to the atmosphere or is equipped with one ofthe following devices properly installed, in good working order,and in operation:(a) A floating roof which consists of a pontoon type ordouble-deck roof which rests on the surface of the liquidcontents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon or a vapordome designed in accordance with accepted standards of the petroleum industry. This control equipment is not permitted ifthe gasoline or petroleum distillate has a vapor pressure of11 lb/square inch absolute (7,734 kg/square meter) or greaterunder actual conditions. All gauging and sampling devices for tanksmust be gastight except when gauging or sampling istaking place.(b) Other equipment proven to be of equal efficiency forpreventing discharge of gases and vapors to the atmosphere.3. Any tank for the storage of any other petroleum orvolatile organic compound which is constructed or extensivelyremodeled on or after November 7, 1975, must be equippedwith 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 avapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have facilities forsubmerged filling by a submerged fill pipe for the control of emissions.[Environmental Comm’n, Air Quality Reg. Art. 9, eff.11-7-75]—(NAC A 10-19-83)—(Substituted in revision for NAC445B.395)71FR7148612/11/2006445B.22097Standards of quality for ambient air.(Superseded445.843)1. The table contained in this section lists the minimum standards of quality for ambient air.NEVADA STANDARDSANATIONAL STANDARDSB71FR150403/27/200638ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDPOLLUTANTAVERAGINGTIMECONCENTRATIONCMETHODDPRIMARYC,ESECONDARYC,FMETHODDOzone1 hour0.12 ppm(235 μg/m3)Ultravioletabsorption0.12 ppm(235 μg/m3)Same asprimaryChemiluminescenceOzone-LakeTahoe Basin,#901 hour0.10 ppm(195 μg/m3)Ultravioletabsorption------Carbonmonoxideless than5,000′abovemean sealevel9 ppm(10,500 μg/m3)At or greaterthan 5,000′above meansea level8 hours6 ppm(7,000 μg/m3)9 ppm(10 mg/m3)Carbonmonoxide atany elevation1 hour35 ppm(40,500 μg/m3)Nondispersiveinfraredphotometry35 ppm(40 mg/m3)NoneNondispersiveinfraredphotometryNitrogendioxideAnnualarithmeticmean0.053 ppm(100 μg/m3)Gas phasechemiluminescence0.053 ppm(100 μg/m3)Same asprimaryGas phasechemiluminescenceAnnualarithmeticmean0.030 ppm(80 μg/m3)0.030 ppm24 hours0.14 ppm(365 μg/m3)0.14 ppmNoneSulfur dioxide3 hours0.5 ppm(1,300 μg/m3)UltravioletFluorescenceNone0.5 ppmSpectrophotometry(Pararosanilinemethod)Annualarithmeticmean50 μg/m350 μg/m3Particulatematteras PM1024 hours150 μg/m3HighvolumePM10sampling150 μg/m3Same asprimaryHigh volumePM10sampling39ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDLead (Pb)Quarterlyarithmeticmean1.5 μg/m3Highvolumesampling,acidextractionand atomicabsorptionspectrometry1.5 μg/m3Same asprimaryHighvolumesampling,acidextractionandatomicabsorptionspectrometryHydrogensulfide1 hour0.08 ppm(112 μg/m3)GUltravioletFluorescence------Notes:Note A: The Director shall use the Nevada standards in considering whether to issue a permit for a stationary sourceand shall ensure that the stationary source will not causethe Nevada standards to be exceeded in areas where thegeneral public has access.Note B: These standards, other than for ozone, particulate matter, and those based on annual averages, must not beexceeded more than once per year. The 1-hour ozone standardis attained when the expected number of days percalendar year with a maximum hourly average concentrationabove the standard is equal to or less than one. The PM1024-hour standard is attained when the expected number ofdays per calendar year with a 24-hour average concentrationabove the standard, rounded to the nearest 10 μg/m3, is equal to or less than one. The expected number of days percalendar year is generally based on an average of the numberof times the standard has been exceeded per year for thelast 3 years. The National standards are to be usedin determinations of attainment or nonattainment.Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurements of airquality that are expressed as mass per unit volume, such asmicrograms per cubic meter, must be corrected to areference temperature of 25°C and a reference pressure of760 mm of Hg (1,013.2 millibars); “ppm” in this table refersto parts per million by volume, or micromoles ofregulated air pollutant per mole of gas; “μg/m3” refers to microgramsper cubic meter.Note D: Any reference method specified in accordance with40 C.F.R. Part 50 or any reference method or equivalentmethod designated in accordance with 40 C.F.R. Part 53 may be substituted.Note E: National primary standards are the levels of air qualitynecessary, with an adequate margin of safety, to protectthe public health.Note F: National secondary standards are the levels ofair quality necessary to protect the public welfare from anyknown or anticipated adverse effects of a regulated air pollutant.40ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDNote G: The ambient air quality standard for hydrogen sulfide does not include naturally occurring backgroundconcentrations.2. These standards of quality for ambient air areminimum goals, and it is the intent of the Commission in thissection to protect the existing quality of Nevada’s air to the extent that it is economically and technically feasible.[Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NACA 10-19-83; 9-5-84; 12-26-91;10-30-95; R103-02, 12-17-2002; R198-03, 4-26-2004)13.1General Provisions for the Review of New Sources(c)(8)13.1.1Prior to the issuance of any registration certificates in accordance with this Article the applicant shall submit to theDirector an environmental evaluation and any other information the Director may deem necessary to make anindependent air quality impact assessment.(c)(16)(viii)13.1.3The Director shall not issue a registration certificate for any point source if:1. The environmental evaluation submitted by the application shows or if the Director determines, in accordancewith the provisions of this Article, that the point source:a. Will prevent the attainment and maintenance of the State or national ambient air quality standards;b. Will cause a violation of the applicable control strategy contained in the approved Air QualityImplementation Plan; orc. Will cause a violation of 40 CFR Parts 60 and61, New Source Performance Standards and NationalEmission Standards for Hazardous Air Pollutants;2. The source is located in any designated nonattainment area and:a. The lowest achievable emission rate for each nonattainment pollutant from the source is not definedand 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 incompliance or on a schedule of compliance with these regulations and all other applicable emissionlimitations or variances as providedin NRS 445.506 to 445.521, inclusive;c. The total allowable emissions of each nonattainment pollutant from (1) the existing sources in thearea, (2) those sources in the area which have received their respective registration certificates and(3) the proposed source will not be sufficiently less, by the time the proposed source is to commenceoperation, than the total emissions from (1) the existing sources and (2) those sources in the areawhich have received their respective registration certificates before the proposed source makesapplication for its registration certificate, sothat reasonable further progress is achieved;d. The emissions from the source will cause orcontribute to emission levels which exceed theallowance permitted for such a pollutant for the nonattainment area.3. In any attainment area the best available control technology is not defined and adopted as an emission(c)(18)(i)41ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDlimitation for the source.13.1.4The Director may impose any reasonable conditions onhis approval, including conditions requiring the source owneror operator to conduct ambient air quality monitoring at the facility site for a reasonable period to commencement ofconstruction or modification, and for any specifiedperiod after the source has commenced operation.(c)(8)13.1.5Where a proposed source located on contiguous property isconstructed or modified in increments which individuallyare not subject to review as provided in this Article, as suchincrements occurring since the effective date of this Articleshall be added together for determining the applicability of this Article.(c)(8)13.1.6Approval and issuance of a registration certificate toany source construction or modification shall not affect theresponsibilities of the owner or owners to complywith any other portion of the control strategy(c)(8)13.1.7Any source or proposed facility shall, upon written application to the Director, receive within thirty (30) days a writtennotice of his determination, either requiring the submittal ofan environmental evaluation or exempting the source fromsuch requirement.(c)(8)Articles13.2 - 13.2.9 were removed in March 2003 pursuant to (c)(16)(viii)of §52.1470 which requires that all references to complex sources be removed from 13.1.1,13.1.2, 13.2, 13.2.1-13.5.3.13.3The following new single sources or modifications toan existing single source which would cause increases toexisting single sources as specified below shall submit anevaluation with their application(s) for registration:(c)(8)13.3.1Any single source which can cause, allow or permit the emission of an air contaminant ofgreater than 23 kilograms (50pounds) per hour.(c)(8)13.3.2Any combination of single sources located at a single premise which can cause, allow or permit the emission of an aircontaminant of greater than 23 kilograms (50 pounds) per hour(c)(8)13.3.3Any single source, upon written notice from the Director.(c)(8)13.4Environmental Evaluation:(c)(8)13.4.13-03: ref tocomplexsourcesremovedThe environmental evaluation required for new or modified single as determined by this Article or as required by theDirector, shall include the following:(c)(16)(viii)13.4.1.1An environmental evaluation shall be a careful anddetailed assessment of the environmental aspects of a proposedaction.(c)(8)13.4.1.2An environmental evaluation shall contain adequate environmental safeguards to be implemented by the applicant toprovide for the maintenance of acceptable air quality and shall consider:a. Ambient air concentrations before, during and after construction, empirically calculated with recognized methods asapproved by the Director; or, in the case of existing ambientair concentrations, they may be measured with approvedmethods at approved site locations for not less than one year.Estimates shall be empirically determined for ambient airconcentration immediately contiguous to the facility and atthe point of predicted maximum concentration within thesurrounding region.(c)(8)Note: This is therule effective 10-25-74.42ApprovedReference:Article #NAC #State Implementation PlanText of Regulations and Articles:Cite: 40 CFR§ 52.1470Subpart DDb. Diffusion models used to determine the location and estimated value of highest air contaminant concentration shallcontain:1. Assumptions and premises.2. Evaluation at the recorded most adverse meteorological conditions in the last 100 years.3. Evaluation at the recorded most adversemeteorological conditions in the last year.4. Geographic area considered in the evaluation.5. Dispersion equations.6. Predicted contaminant buildup.7. Location, type and amount of emissions.8. Meteorological information.c. Alternate proposals which could be implemented as conditions of approval.d. Other probable environmental effects, before, during and after construction shall be considered in the narrativeportion of the evaluation.Articles 13.5, 13.5.1-13.5.3were removed in March 2003 pursuant to (c)(16)(viii) of §52.1470, which requires that all references to complex sources be removed from13.1.1, 13.1.2, 13.2, 13.2.1-13.5.3. The 13.5s were exceptions to Article 13.2,which was also removed because it dealt onlywith complex sources.