ENCLOSURE 2 

1 

State of Nevada 

Applicable State Implementation Plan1

January 16, 2008 

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

445B.001 (Superseded 445.430) 

Definitions. As used in NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulunless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive, sections 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; 

12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 

R040-01, 10-25-2001; R103-02, 12-17-2002) 

*NOTE: Sections 2 to 5 were codified 01/2007 as NAC 445B.054, 445B.064, 445B.083 and 445B.107, respe

445.431 "Acid mist" defined. 

"Acid mist" means sulfuric acid mist, as measured by Method 8 of 40 C.F.R. S 60, Appendix A, or an equivalent or alternative method.  [Environmental Comm'n, Air Quality Reg. 1.1, eff. 12-4-76; A 8-28-79] 

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 (Superseded 445.432) 

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

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 “Administrator” means the Administrator of the United States Environmental Pr(Superseded Agency or the Administrator’s representative or delegate. 445.433) [Environmental Comm’n, Air Quality Reg.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

for NAC 445.433) 

445B.005 “Affected facility” defined. “Affected facility” means, with reference to a stationary or temporary source, a(Superseded apparatus to which a standard is applicable. 445.434) [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95) 445B.006 “Affected source” defined. “Affected source” means a stationary source subject to the requirements relatin

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

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

EPA’s final actions on NDEP’s submittals through January 16, 2008: the 3/27/06, 12/11/06, 4/20/07 and 5/8/07 FR actions and the 1/3

rescissions.
2

Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

rain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.  (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 10-25-2001) 

445B.009 “Air-conditioning equipment” defined. “Air-conditioning equipment” means equipment utilized to heat or (Superseded interior of a building or structure. 445B.435) [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—

(Substituted in revision for NAC 445.435) 

445.436 "Air contaminant" defined. 

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

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

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

445B.015(Superseded 445.439) 

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

pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of tthat, in specific cases, it produces results adequate to determine compliance. 

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

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

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

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

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

445.445 "Barite" defined.

"Barite" means a naturally occurring sulfate of barium, BaS04, which is transparent to opaque and is whitish [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79: renumbered as 1.14, 8-28-79] 

445.447 "Barite grinding mill" defined. 

"Barite grinding mill" means any single source designed to reduce crude barite to a finished product. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1-25-79] 

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

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

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

(Superseded 445.457) 

 [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76]—(N22-87)—(Substituted in revision for NAC 445.457) 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

445.458 "Calcine" defined.

"Calcine" means the solid materials produced by a roaster. [Environmental Comm'n, Air Quality Reg. 1.22, eff. 12-4-76] 

445.464 "Coal" defined.

"Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous or lignite as defined by Designation D-388-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.29, eff. 12-4-76] 

445.470 "Colemanite" defined.

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

which is normally white or colorless. 

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

445.471 "Colemanite processing plant" defined. 

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

calcining as required and loading. 

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

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

revision for NAC 445.472) 

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

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

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

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

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

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

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

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

(Superseded 445.480) 

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

State Implementation Plan 

Text of Regulations and Articles: 

445.480) 

445.482 "Converter" defined. 

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

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

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

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

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

(Superseded 445.488) 

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

445.492 "Dryer" defined. 

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

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

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

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

approves the program. 

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

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

contained in NRS 233B.070. 

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

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

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 4

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

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which or may contain, a regulated air pollutant.  2. The term includes the material passed to the atmosphere.  [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65, 12-4-76]—(NAC A R105-97, 3-5-98) 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

30-95) 

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

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

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

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

445B.062(Superseded 445.501) 

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

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

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

445B.063(Superseded 445.504) 

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

limitation prescribed by NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regul

that is contained in an operating permit. The averaging time and test procedures for determining excess emissbe as specified in the relevant condition or conditions of the operating permit, except that this does not precluuse, including the exclusive use, of any credible evidence or information relevant to the determination of whesource would have been in compliance with the applicable requirements if the appropriate performance or comtest 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)—(Subrevision for NAC 445.504) *NOTE: Sections 2 to 5 were codified 01/2007 as NAC 445B.054, 445B.064, 445B.083 and 445B.107, respe

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

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

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

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

445.512 "Floating roof" defined. 

 "Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal fcover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained and equipped with a seal or seals to close the space between the edge of the roof and wall of the tank.  [Environmental Comm'n, Air Quality Reg. 1.78, eff. 12-4-76] 

445.513 "Fossil fuel" defined. 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

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

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

87)—(Substituted in revision for NAC 445.516) 

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

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

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

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

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

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

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

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

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

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

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

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

revision for NAC 445.525) 

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

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

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

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

(Superseded 445.533) 

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

revision for NAC 445.533) 

445.536 "Lead" defined. 

 "Lead" means elemental lead or alloys in which the predominant component is lead.  [Environmental Comm'n, Air Quality Reg. 1.101, eff. 12-4-76; A and renumbered as 1.98, 8-28-79] 

445B.091 “Local air pollution control agency” defined. “Local air pollution control agency” means any city, county 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

(Superseded 445.537) 

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

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

be prepared which reflects: 

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

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

and which contains one or a combination of the following: 

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

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

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

(Superseded 445.542) 

 [Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—(Substituted in revision for NAC 445.542) 

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

 1. The maximum process weight allowed through a continuous or long-run steady-rate operation, per hou 2. For cyclical or batch unit operations or unit processes, the total process weight for a 1-hour period. ¬ If any process, operation or the design of any equipment permits more than one interpretation of this sectio

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

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

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

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

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

and process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.0445B.601, inclusive, or as a condition of an operating permit. 

(Superseded 445.548) 

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

State Implementation Plan 

Text of Regulations and Articles: 

11-96)—(Substituted in revision for NAC 445.548) 

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

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

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

(Superseded 445.549) 

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

revision for NAC 445.549) 

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

effective date of these regulations. 

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

in revision for NAC 445.552) 

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

 1. Which is shown by monitored data or is calculated by air quality modeling or any other method determthe Administrator to be reliable, to exceed any national standard of ambient air quality for the regulated air po 2. Which is designated as a nonattainment area by the Governor; and  3. Which is promulgated as a nonattainment area by the Administrator.  [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-

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

existed on December 31, 1997. 

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

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

existed on December 31, 1997. 

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

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

95) 

445B.119 “One-hour period” defined. “One-hour period” means any 60-minute period. (Superseded 445.556) 

 [Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in reNAC 445.556) 

445B.121 “Opacity” defined. “Opacity” means the property of a substance tending to obscure vision and measured in (Superseded percent obscuration. The relationship between opacity and Ringelmann number is approximately equal to the 
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Approved Reference: Article # NAC # 

State Implementation Plan 

Text of Regulations and Articles: 

445.557) in shades of white to gray. 

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

revision for NAC 445.557) 

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

revision for NAC 445.558) 

445.559 "Operating permit" defined. 

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

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

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

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

revision for NAC 445.562) 

445B.130 “Pathological wastes” defined. “Pathological wastes” means human and animal remains consisting of carca(Superseded organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar stationary s445.563) [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC 

95) 
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Text of Regulations and Articles: 

445B.134(Superseded 445.564) 

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

State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations.  [Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 12-4-76]—(NAC R151-06, 9-18-2006) 

445.565 "Petroleum" defined. 

 "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal.  [Environmental Comm'n, Air Quality Reg. 1.127, eff. 12-4-76] 

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

equal to a nominal 10 micrometers as measured by an approved reference method or equivalent method based C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53. 

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

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

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

445.570 "Portland cement plant" defined. 

 "Portland cement plant" means any facility manufacturing portland cement by either the wet or dry process.  [Environmental Comm'n, Air Quality Reg. 1.132, eff. 12-4-76] 

445.574 "Precious metal" defined. 

 "Precious metal" means a metal of the gold, silver or platinum metal group.  [Environmental Comm'n, Air Quality Reg. Art. 1, § 1, eff. 1-25-79; A 8-28-79] 

445.575 "Precious metal processing plant" defined. 

 "Precious metal processing plant" means a facility which is primarily engaged in crushing, screening, grindinhandling, loading, transferring or storing any precious metal or precious metal ore.  [Environmental Comm'n, Air Quality Reg. Art. 1, § 2, eff. 1-25-79; A 8-28-79] 

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

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

(Superseded 445.581) 

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

revision for NAC 445.581) 

445B.145 “Process weight” defined. “Process weight” means the total weight of all materials introduced into an emiss

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

(Superseded 445.584) 

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

445.585 "Process weight rate" defined. 

 "Process weight rate" means a rate established as follows:  1. For continuous or long-run steady-rate operations, the total process weight for the entire period of continuoperation or for a typical portion thereof, divided by the number of hours of the period or portions thereof.  2. For cyclical or batch unit operations or unit processes, the total process weight for a period that covers a coperation or an integral number of cycles divided by the number of hours of actual process operation during speriod.  3. Where the nature of any process or operation or the design of any equipment is such as to permit more thainterpretation of this section, the interpretation that results in the minimum value of allowable emission applie [Environmental Comm'n, Air Quality Reg. 1.51-1.51.3, eff. 11-7-75; renumbered as 1.144, 12-4-76; A and renumbered as 1.141, 8-28-79] 

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

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

1,013.2 millibars) of mercury. 

(Superseded 445.589) 

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

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

10-30-95) 

445.592 "Registration certificate" defined. 

 "Registration certificate" means a document issued and signed by the director certifying that:  1. Adequate empirical data for a single source has been received and constitutes approval of location; or  2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 445.711, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with constitutes approval of location and for construction.  [Environmental Comm'n, Air Quality Reg. 1.55, eff. 11-7-75; renumbered as 1.151, 12-4-76; A and renumb1.147, 8-28-79] 

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

 1. Nitrogen oxides or any volatile organic compounds;  2. Any pollutant subject to:  (a) A national ambient air quality standard and any constituents or precursors for such pollutants identifAdministrator;  (b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411; or  (c) A standard established pursuant to NAC 445B.22097;  3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, in
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 4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutan

under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a conprecursor of an air pollutant listed pursuant to 42 U.S.C. § 7408. 

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

445.597 "Roaster" defined. 

 "Roaster" means:  1. Any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate 10 more of the sulfur contained in the charge; or  2. Any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate or more of the sulfur contained in the charge.  [Environmental Comm'n, Air Quality Reg. 1.156-1.157, eff. 12-4-76] 

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

revision for NAC 445.601) 

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

(Superseded Article 1.166) 

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

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

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

(Superseded 445.612) 

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

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

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

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] 

445.618 "Slag" defined. 

 "Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metaore. 
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Text of Regulations and Articles: 

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

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

revision for NAC 445.621) 

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

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

(Superseded 445.622) 

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

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

(Superseded Article 1.181) 

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

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

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

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

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

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

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

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

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

contains any one or combination of the following; 

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

445.630 "Stop order" defined. 

 "Stop order" means a written notice by the director served on a person or persons causing or engaging in the construction, installation or alteration of work involving an air contaminant source or sources ordering the wostopped.  [Environmental Comm'n, Air Quality Reg. 1.63, eff. 11-7-75; renumbered as 1.184, 12-4-76] 

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 c
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the bottom of the tank; or  2. When applied to a tank which is loaded from the side, any fill pipe, the discharge of which is entirely subwhen the liquid level is two times the diameter of the fill pipe above the bottom of the tank.  [Environmental Comm'n, Air Quality Reg. 1.64, eff. 11-7-75; renumbered as 1.191, 12-4-76] 

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

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

445.649 "Violation" defined. 

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

445B.202(Superseded 445.650) 

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

51.100(s), as incorporated by reference in NAC 445B.221. 

 [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11-7-75; renumbered as § 1.208, 12-4-76; A and reas § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.650) 

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

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

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

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

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

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

445B.211 Abbreviations. The abbreviations used in NAC 445B.001 to 445B.3497, inclusive, have the following mean(Partially supersedes 445.655; revisions to this section will be finalized when EPA has completed all action on 

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

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

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

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

 °F..................................................................... degree Fahrenheit  Hg..................................................................... mercury  H2S................................................................... hydrogen sulfide 

 lb...................................................................... pound  NO................................................................... nitric oxide  NOx................................................................. nitrogen oxides  O2..................................................................... oxygen 
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NDEP’s ASIP update submittal) 

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

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

445.655 Abbreviations. 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 - calorie CdS - cadmium sulfide cfm - cubic feet per minute CO - carbon monoxide dscm - dry cubic meter at standard conditions dscf - dry cubic feet at standard conditions EAF - electric arc furnace eq - equivalents g - gram gal - gallon g eq - gram equivalents gr - grain hr - hour HCl - hydrochloric acid H2O - water 

H2SO4 - sulfuric acid 

in - inch °K - degree Kelvin k - 1,000 kg - kilogram 1 - liter 

lpm -liter per minute m - meter meq - milliequivalent min - minute mg - milligram 
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ml - milliliter mm - millimeter mol. wt. - molecular weight mV - millivolt N2 - nitrogen 

nm - nanometer - 10-9 meter 

NO2 - nitrogen dioxide 

ppb - parts per billion psia - pounds per square inch absolute °R - degree Rankine s - at standard conditions sec - second SO3 - sulfur trioxide 

ug/m3 - micrograms - 10-6 gram 

P2O5 - phosphorus pentoxide 

Kg-cal - kilogram-calorie CFR - Code of Federal Regulations 

[Environmental Comm'n, Air Quality Peg. 1.213, eff. 12-4-76; and renumbered as 1.209, 8-28-79] 

445.660 Severability. 

 If any of the provisions of NAC 445.430 to 445.846, inclusive, or any application thereof to any person, thincircumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their apthat can be given effect without the invalid provision or application.  [Environmental Comm'n, Air Quality Reg. 2.1.1, eff. 11-7-75 

445.663 Concealment of emissions prohibited. 

 Except for the sole purpose of reducing the odor of an emission, no person may install, construct or use any dwhich conceals any emission without reducing the total release of air contaminants to the atmosphere.  [Environmental Comm'n, Air Quality Reg. 2.2.1, eff. 11-7-75] 

445.664 Pollution 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 altemodification 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] 

445.665 Hazardous emissions: Order for reduction or discontinuance. 

 Without limiting the authority of any state officer to declare or to act on an emergency, the director or local a
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pollution control agency, upon determining that a generalized condition of air pollution exists or that the emisone or more single sources of air contaminants is causing a danger to human health or safety, may order persocausing 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(Superseded 445.666) 

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

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

warning, and emergency as defined in the applicable state implementation plan. 

 3. The written notice required under subsection 2 must be transmitted in accordance with subsection 4 to persons who are within the same classification of sources as defined in the Standard Industrial Classification adopted by reference in NAC 445B.221, and who are able to cause or permit the emission of less than 100 tonmetric tons) per year of a regulated air pollutant.  4. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if registered or certified mail to the last known address of the person. [Environmental Comm’n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75]—(NAC A 10-30-95; R125-04, 9-

R151-06, 9-18-2006) 

445.667 Excess emissions: Scheduled maintenance; testing; malfunctions. 

 1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissioncontaminants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated director as being favorable for atmospheric ventilation.  2. The director must be notified in writing of the time and expected duration at least 24 hours in advance of scheduled maintenance or repairs which may result in excess emissions of air contaminants prohibited by NA445.430 to 445.846, inclusive.  3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, of process or pollution control equipment or during startup of such equipment. Phone (702) 885-4670.  4. The owner or operator of an affected facility shall provide the director, within 15 days after any malfunctibreakdown, upset, startup or human error sufficient information to enable the director to determine the seriouthe excess emissions. The submission must include as a minimum:  (a) The identity of the stack and other emission point or either of them where the excess emissions occurred (b) The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable em
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limitation and the operating data and methods used in estimating the magnitude of the excess emissions.  (c) The time and duration of the excess emissions.  (d) The identity of the equipment causing the excess emissions.  (e) If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction and the stor planned to prevent the recurrence of the malfunctions.  (f) The steps taken to limit the excess emissions.  (g) Documentation that the air pollution control equipment, process equipment or processes were at all times maintained and operated, to a maximum extent practicable, in a manner consistent with good practice for minemissions.  [Environmental Comm'n, Air Quality Reg. 2.5.1-2.5.3, eff. 11-7-75; A 8-28-79; 2.5.4, eff. 11-7-75; 2.5.4.1

eff. 8-28-79] 

2.5 Scheduled Maintenance, Testing, and Breakdown or Upset 2.5.4 Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal o

shall not be considered a violation of these regulations. 

445.682 Testing and sampling. 

 1. To determine compliance with NAC 445.430 to 445.846, inclusive, prior to approval of or prior to the conof an operating permit or similar class of permits, the director may either conduct or order the owner of any sconduct or have conducted such testing and sampling as the director determines necessary. Testing and sampeither of them must be conducted within 60 days after achieving the maximum production rate at which the afacility will be operated, but not later than 180 days after initial startup of such facility and at such other timebe required by the director.  2. Performance tests must be conducted and data reduced in accordance with the test methods and procedurecontained in each applicable subsection unless the director:  (a) Specifies or approves, in specific cases, the use of a reference method with minor changes in methodolog(b) Approves the use of an equivalent method; (c) Approves the use of an alternative method, the results of which he has determined to be adequate for indiwhether a specific source is in compliance; or  (d) Waives the requirement for performance tests because the owner or operator of a source has demonstratemeans to the director's satisfaction that the affected facility is in compliance with the standard.  3. Performance tests must be conducted under such conditions as the director specifies to the plant operator representative performance of the affected facility. The owner or operator shall make available to the directorecords as may be necessary to determine the conditions of the performance tests. Operations during periods shutdown and malfunction must not constitute representative conditions of performance tests unless otherwisin the applicable standard.  4. The owner or operator of an affected facility shall provide the director 30 days' prior notice of the perform
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to 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 ruconducted for the time and under the conditions specified in the applicable standard. For the purpose of detercompliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forshutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or othecircumstances with less than two valid samples being obtained, an additional performance test must be condu 6. All testing and sampling will be performed in accordance with recognized methods and as specified by th 7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and othpertinent allied facilities as may be required and specified in writing by the director must be provided and paithe owner of the source.  8. All information and analytical results of testing and sampling must be certified as to their truth and accurato their compliance with all provisions of these regulations, and copies of these results must be provided to boowner 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] 

2.16.1 Any owner or operator subject to the provisions of this part shall furnish the Director written notification as f2.16.1.1 A notification of the date construction (or reconstruction as defined under 2.15) of an affected facility is comm

postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-producfacilities which are purchased in completed form. 

2.16.1.2 A notification of the anticipated date of initial startup of an affected facility postmarked not more than 60 day

than 30 days prior to such date. 

2.16.1.3 A notification of the actual date of initial startup of an affected facility postmarked within 15 days after such 2.16.1.4 A notification of any physical or operational change to an existing facility which may increase the emission r

air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subp2.14 and the exemption is not denied under 2.14. This notice shall be postmarked 60 days or as soon as practbefore the change is commenced and shall include information describing the precise nature of the change, prproposed emission control systems, productive capacity of the facility before and after the change, and the excompletion date of the change. The Director may request additional relevant information subsequent to this n

2.16.2.5 A notification of the date upon which demonstration of the continuous monitoring system performance comm

accordance with 2.17. Notification shall be postmarked not less than 30 days prior to such date. 

445B.256 (Superseded

Art.2.17.10 

and 2.17.10.1 

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

stationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutantin Appendix P for the applicable source category. Those stationary sources must meet the basic requirements Appendix P of 40 C.F.R. § 51(2.0 et seq.). 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 10-30-95) 
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445B.257 (Superseded

Art. 2.17.6 

and 2.17.7) 

Monitoring systems: Location.

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

445B.258 (Superseded 445.685) 

Monitoring systems: Verification of operational status.

 2. All continuous monitoring systems and monitoring devices must be installed and operational before cperformance tests under NAC 445B.252. Verification of operational status must, as a minimum, consist of the following:  (a) For continuous monitoring systems referred to in subsection 2 of NAC 445B.259, completion of the conditioning period specified by applicable requirements in Appendix B of 40 C.F.R. Part 60.  (b) For continuous monitoring systems referred to in NAC 445B.260, completion of 7 days of operation.  (c) For monitoring devices referred to in NAC 445B.256 to 445B.267, inclusive, completion of the manuwritten requirements or recommendations for checking the operation or calibration of the device.  [Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(NAC A by R151-06, 9-18

445B.259 (Superseded 445.686) 

Monitoring systems: Performance evaluations.

 1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such times as may be required by the Director under § 114 of the Act, the owner or operator of any affected facility conduct continuous evaluations of the performance of monitoring systems and furnish the Director within 60 thereof two or upon request more copies of a written report of the results of such tests. These evaluations musconducted in accordance with the specifications and procedures provided in this section and NAC 445B.260.  2. Except as provided in NAC 445B.260, continuous monitoring systems listed within this subsection mevaluated in accordance with the requirements and procedures contained in the applicable performance specifAppendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring:  (a) Opacity of emissions must comply with Performance Specification 1.  (b) Nitrogen oxides emissions must comply with Performance Specification 2.  (c) Sulfur dioxide emissions must comply with Performance Specification 2.  (d) The oxygen and carbon dioxide content of effluent gases must comply with Performance Specificatio [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-1

445B.260 (Superseded 445.687) 

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

 1. Except as otherwise provided in subsection 2, an owner or operator who, before September 11, 1974, 

into a binding contractual obligation to purchase specific continuous monitoring system components shall comthe following requirements: 
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Approved Reference: Article # NAC # 

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Text of Regulations and Articles: 

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

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

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

 2. Owners or operators of all continuous monitoring systems installed on an affected facility before Octo1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the D 3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessnew continuous monitoring systems, and such improved systems must be demonstrated to comply with applicperformance specifications under NAC 445B.259 by September 11, 1979.  [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-77]—(NAC A by 

9-18-2006) 

445B.261 (Superseded 445.688) 

Monitoring systems: Adjustments. Owners or operators of all continuous monitoring systems installed in 

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

performance specifications in Appendix B of 40 C.F.R. § 60 are exceeded. 

 [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77]—(Substituted in revisNAC 445.688) 

445B.262 (Superseded 445.689) 

Monitoring systems: Measurement of opacity.

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

gases certified by their manufacturer to be traceable to National Institute of Standards and Technology referenmust be used whenever these reference gases are available. The span and zero gas mixtures must be the same composition as specified in Appendix B of 40 C.F.R. Part 60. Every 6 months after the date of manufacture, s
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zero gases must be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO2, 7 for NO

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

the manufacturer. 

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

assembly. 

 2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or Title 40 of the Code of Federal Regulations for:  (a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Federal Regulations; or  (b) An affected source.  [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1, eff. 12-4-76; A 12-15-77

2.17.4.2 & 2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003) 

445B.263 (Superseded 445.690) 

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

and span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous oand meet minimum frequency of operation requirements as follows: 

 1. All continuous monitoring systems referred to in NAC 445B.259 and 445B.260 for measuring opacity emissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for esuccessive 10-second period.  2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, suldioxide, carbon dioxide or oxygen must complete a minimum of one cycle of operation (sampling, analyzing recording) for each successive 15-minute period.  3. All continuous monitoring systems referred to in NAC 445B.260, except opacity, must complete a minone cycle of operation (sampling, analyzing and data recording) for each successive 1-hour period.  [Environmental Comm’n, Air Quality Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76]—(Substituted in revision for 

445.690) 

445B.264 (Superseded 

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

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

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

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

445B.265 (Superseded 445.692) 

Monitoring systems: Records; reports.

 1. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain the occurrence and duration of any start-up, shutdown or malfunction in the operation of an affected facilimalfunction of the air pollution control equipment or any periods during which a continuous monitoring monitoring device is inoperative.  2. Each owner or operator required to install a continuous monitoring system shall submit a written reporemissions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day foend of each calendar quarter and must include the following information:  (a) The magnitude of excess emissions computed in accordance with NAC 445B.256 to 445B.267, inclconversion factors used, and the date and time of commencement and completion of each time period of excess  (b) Specific identification of each period of excess emissions that occurs during start-ups, shutdowns and mof the affected facility.  (c) The nature and cause of any malfunction, if known, the corrective action taken or preventative measure (d) Specific identification of each period during which the continuous monitoring system was inoperative, zero and span checks, and the nature of any repairs or adjustments that were made. ¬When no excess emissions have occurred and the continuous monitoring system has not been inoperative, adjusted, such information must be included in the report.  3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain 

measurements, including: 

 (a) Continuous monitoring systems, monitoring devices and performance testing measurements;  (b) All continuous monitoring system performance evaluations;  (c) All continuous monitoring systems or monitoring device calibration checks; 
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 (d) Adjustments and maintenance performed on these systems or devices; and  (e) All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form inspection. ¬The file must be retained for at least 2 years following the date of the measurements, maintenance, reports an [Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 7-2-84)—(Substituted revision for NAC 445.692) 

445B.267 (Superseded 445.693) 

Alternative monitoring procedures or requirements.

 1. Upon written application by an owner or operator, the director may approve alternatives to any monitoprocedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but not limited to, the follow (a) Alternative monitoring requirements when installation of a continuous monitoring system or monitorinspecified by those sections would not provide accurate measurements due to liquid water or other interferencby substances with the effluent gases.  (b) Alternative monitoring requirements when the affected facility is infrequently operated.  (c) Alternative monitoring requirements to accommodate continuous monitoring systems that require addimeasurements to correct for stack moisture conditions.  (d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owoperator can demonstrate that installation at alternate locations will enable accurate and representative measu (e) Alternative methods of converting regulated air pollutant concentration measurements to units of the s (f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of spor test cells.  (g) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedspecified by any provision of NAC 445B.256 to 445B.267, inclusive.  (h) Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a definite and conrelationship between their measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The director may require that such demonstration be performed affected facility.  (i) Alternative monitoring requirements when the effluent from a single affected facility or the combined from two or more affected facilities are released to the atmosphere through more than one point.  2. Notwithstanding the provisions of subsection 1, the Director shall not approve an equivalent method or alternative method to determine compliance with a standard or emission limitation contained in Part 60, 61 or Title 40 of the Code of Federal Regulations for:  (a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Federal Regulations; or  (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
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(NAC A 10-30-95; R065-03, 10-30-2003) 

445.694 Emission discharge information. 

Emission discharge information, as correlated to mass emission rates or ambient air quality regulations relateregistration certificates and operating permits, will be maintained by the director as public information at 201 Fall Street, Capitol Complex, Carson City, Nevada 89710.  [Environmental Comm'n, Air Quality Reg. 3.1.9.1, eff. 11-7-75; A 12-4-76] 

445.696 Notice of violations; appearance before commission. 

1. When in the opinion of the director there is a violation of any provision of NAC 445.430 to 445.846, inclu

approved compliance schedule, he shall cause a written notice to be served upon the person responsible for thviolation. The director shall issue a notice of violation to any owner or operator who: 

 (a) Fails to construct a source in accordance with the application as approved by the director;  (b) Fails to construct and operate a source in accordance with the conditions imposed by the director which the registration certificate; or  (c) Commences construction or modification of a source without applying for and receiving a registration cas required by NAC 445.430 to 445.846, inclusive.  2. The written notice must specify the provision of NAC 445.430 to 445.846, inclusive, or the approved comschedule that is being violated and the facts constituting the alleged violation. It may include an order to take corrective action or require submission of a schedule for compliance within a specified reasonable time. The becomes final unless, within 10 calendar days after service of the written notice, the person named in the ordea hearing before the commission.  3. Written notice shall be deemed to have been served if delivered to the person to whom addressed or if seregistered or certified mail to the last known address of the person.  4. With or without the issuance of an order to take corrective action or require submission of a schedule for compliance within a specified reasonable time, the director may require the person to appear before the commspecified 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 12-1

 445.697 Stop orders. 

 1. A stop order will be issued if:  (a) The proposed construction, installation, alterations or establishment will not be in accordance with the prof the plans, specifications and other design material required to be submitted for registration; or  (b) The design material or the construction itself is of such a nature that it patently cannot bring the source incompliance 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 must not be issued after construction or modification has commenced if the construction is in accordance with provisions of the registration certificate as submitted and approved by the director under NAC 445.708 to 445inclusive. 
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 3. 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 fissuance of the stop order no longer exist. If the director finds that the reasons for the issuance of the stop ordlonger exist, he shall withdraw the order promptly. If the director finds that the reasons for the issuance of th

order still exist, or that other reasons exist for continuing a stop order in effect, he shall, within 24 hours, servwritten statement of his reasons for so finding. 

 [Environmental Comm'n, Air Quality Reg. 3.3.1-3.3.5, eff. 11-7-75] 

445.704 Registration certificates and operating permits required. 

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

445.705 Exemptions. 

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

445.706 Application date; payment of fees. 

 1. A United States registered or certified postmark date establishes the official date of all applications for regcertificates and operating permits. 
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Text of Regulations and Articles: 

 2. All fees must be paid to the State of Nevada or the local agency which certified issuance of the certificate 

and are not refundable. 

 [Environmental Comm'n, Air Quality Reg. 3.1.4 & 3.1.7, eff. 11-7-75] 

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

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

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

3.2.3 & 3.2.4, eff. 11-7-75; 3.2.5, eff. 11-7-75; A 12-4-76; 3.2.6, eff. 11-7-75; + 13.1.2, eff. 11-7-75; A 12-4

8-28-79] 

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

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

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

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

8-28-79] 

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

from the Director 

445.713 Operating permits: Renewal. 

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

445.714 Operating permits: Replacement of lost or damaged permits. 

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

445.715 Operating permits: Revocation. 

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

445.716 Operating permits: Change of location. 

 Requests for change of location must be made in writing to the director with a $2 fee for each operating perm30 calendar days prior to the operation of the source at the new location. The source must not be operated at location until the director approves of the location.  [Environmental Comm'n, Air Quality Reg. 3.4.11, eff. 11-7-75; A 12-15-77] 
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445B.22017

(Superseded445.721) 

Visible emissions: Maximum opacity; determination.  1. Except as otherwise provided in this section and NAC 445B.2202 , no owner or operator may cause o

the discharge into the atmosphere from any emission unit which is of an opacity equal to or greater than 20 peOpacity 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 MAppendix 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 redminute averages as set forth in 40 C.F.R. § 60.13(h).  2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that uncombined water. The burden of proof to establish the application of this exemption is upon the person seekinwithin the exemption.  3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emission unit must one 6-minute period per hour of not more than 27 percent opacity as set forth in 40 C.F.R. § 60.42(a)(2) and 4

60.42a(b). 

 4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintaiowner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inc

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

30-95; R118-00, 9-25-2000)—(Substituted in revision for NAC 445B.354) 

NAC445B.2202 (Superseded Articles 4.3, 4.3.1-4.3.3, 4.3.5) 

Visible emissions: Exceptions for stationary sources. The provisions of NAC 445B.22017 do not apply to 1. Smoke from the open burning described in NAC 445B.22067;  2. Smoke discharged in the course of training air pollution control inspectors to observe visible emissions, if has written approval of the Commission;  3. Emissions from an incinerator as set forth in NAC 445B.2207; or  4. Emissions of stationary diesel-powered engines during warm-up for not longer than 15 minutes to achieve temperatures.  [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renum4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; 

4-26-2004, eff. 3-1-2006) 

NAC445B.22027 

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

of NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allemission rates must be the maximum process weight for an emission unit. 

 [Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-26-9

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

445.729 Process weight rate for calculating emission rates. 

 For purposes of NAC 445.729 to 445.737, inclusive, the process weight rate to be used to calculate allowabl
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rates must be the weight rates for single sources.  [Environmental Comm'n, Air Quality Reg. 7.2.4, eff. 11-7-75; A 12-4-76] 

445.730 Colemanite flotation processing plants. 

 1. The maximum amount of particulate matter which may be emitted in an hour by any colemanite flotation processing plant and the formulas by which the amount will be determined are:  (a) For a crushing, screening or grinding plant, a maximum of 2.5 pounds (1.13 kilograms) per hour as calcu E = 0.02 x 10-3 P (0.04P). 

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

NAC445B.2203 (Superseded445.731) 

Emissions of particulate matter: Fuel-burning equipment.  1. No person may cause or permit the emission of PM10 resulting from the combustion of fuel in fuel-bu

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

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

Y = 1.02X -0.231

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

Y = 17.0X -0.568

 2. For the purposes of paragraphs (b) and (c) of subsection 1:  (a) “X” means the maximum operating rate in million Btu’s per hour.  (b) “Y” means the allowable rate of emission in pounds per million Btu’s.  [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbere

7.1.2, 12-15-77]—(NAC A 10-15-85; 9-19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Substituted in revis
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NAC 445B.362) 

45B.22033 Emissions of particulate matter: Sources not otherwise limited. 

(Superseded 445.732) 

 1. Owners or operators of stationary sources not otherwise included in NAC 445B.22027 to 445B.22037inclusive, shall not cause or permit PM10 to be discharged from any emission unit into the atmosphere in exce

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

 2. When the maximum allowable throughput is less than 30 tons per hour, the maximum allowable weigdischarged per hour must be determined by using the following equation: 

E = 4.10P0.67

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

E = 55P0.11 - 40 

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

445B.22037(Superseded445.734) 

Emissions of particulate matter: Fugitive dust. 1. No person may cause or permit the handling, transporting or storing of any material in a manner whicor may allow controllable particulate matter to become airborne.  2. Except as otherwise provided in subsection 4, no person may cause or permit the construction, repair, demolition, or use of unpaved or untreated areas without first putting into effect an ongoing program using thpractical methods to prevent particulate matter from becoming airborne. As used in this subsection, “best pracmethods” includes, but is not limited to, paving, chemical stabilization, watering, phased construction and rev

 3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or more of land topsoil until he has obtained an operating permit for surface area disturbance to clear, excavate, or level the ladeposit any foreign material to fill or cover the land.  4. The provisions of subsections 2 and 3 do not apply to:  (a) Agricultural activities occurring on agricultural land; or  (b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which occur on land wnot less than 5 acres or more than 20 acres.  [Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-7

(NAC A 9-19-90; 12-26-91; 12-13-93; 10-30-95)—(Substituted in revision for NAC 445B.365) 
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7.2.5.1 The maximum allowable weight of particulates which may be discharged per hour from the first barite grindin

Milchem Incorporated near Battle Mountain is the weight prescribed in paragraph (a) or the weight determineuse of the equation in paragraph (b), whichever is less: 

 (a) Emissions of 5.6 kilograms (12.4 pounds) per hour.  (b) Emissions determined by the equation E = 0.0084 P0.67 (E = 1.79 P0.67), where 

 P = Process weight rate in kilograms (tons) per hour.  E = Emission allowed in kilograms (pounds) per hour. 

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

sulfur portion of the sulfur compounds emitted. (Superseded 

445.742) [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 12-4-76; A and renumbered as § 8.2.2, 12-15-77]—(Substituted in revision for NAC 445B.370) 

445B.22043 Sulfur emissions: Calculation of total feed sulfur. For the purposes of NAC 445B.2204 to 445B.2205, inc

total feed sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose 

of combustion and gaseous by-products are emitted to the atmosphere. When furnaces, sinter machines, sinteroasters, converters, or other similar devices are used for converting ores, concentrates, residues, or slag to th

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

(Superseded 445.743) 

 [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff. 11-7-75]—(Substituted in revision for NAC 445B

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

(Superseded Article 8.2, 8.2.1, 8.2.1.1 and 8.2.1.2) 

 1. No person may cause or permit the emission of compounds of sulfur caused by the combustion of fuel burning equipment in excess of the quantity calculated by the use of the formula in subsection 2 or 3.  2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per hour, the allowemission must be calculated by the use of the following equation: 

Y = 0.7X 

For the purposes of this subsection:  (a) “X” means the maximum operating input of heat in millions of Btu’s per hour.  (b) “Y” means the allowable rate of emission of sulfur in pounds per hour.  3. Where an emission unit has a maximum input of heat equal to or greater than 250 million Btu’s per houallowable emission of sulfur must be calculated by the use of the following equations: 

Liquid fuel Y = 0.4X Solid fuel Y = 0.6X 
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Combination Fuel L (0.4X) + S (0.6X) 

L + S 

For the purposes of this subsection:  (a) “X” means the maximum input of the operation in millions of Btu’s per hour.  (b) “Y” means the allowable rate of emissions of sulfur in pounds per hour.  (c) “L” means the percentage of total input of heat derived from liquid fuel.  (d) “S” means the percentage of total input of heat derived from solid fuel.  [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered 

8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as § 8.2.3, 12-4renumbered as § 8.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91

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

Y= 

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

 1. No person may cause or permit the emission of sulfur compounds where the sulfur originates in the ma

being processed, excluding hydrogen sulfide and sulfur from all solid, liquid or gaseous fuel, in excess of the determined by the following equation: 

E = 0.292P0.904

when “E” is equal to or greater than 10 pounds per hour. When “E” is less than 10 pounds per hour, the gas sconcentration must not exceed 1,000 ppm by volume.  2. For the purposes of subsection 1:  (a) “E” means the allowable sulfur emission in pounds per hour.  (b) “P” means the total feed sulfur, excluding hydrogen sulfide, in pounds per hour.  3. When sulfur emissions are due to sulfur contributions from both the fuel and the material being process

allowable emissions must be the sum of those allowed by this section and NAC 445B.22047.  4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compouexempt from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the provisions 445B.22027 to 445B.22037, inclusive, and 445B.287 to 445B.3497, inclusive.  [Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75]—(NAC A 9-5-84; 9-19-90; 12-26-993; 10-30-95; 5-3-96; R105-97, 3-5-98)—( Substituted in revision for NAC 445B.374) 

445B.22067 Open burning. 

(Superseded Article 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, excepspecifically exempted, is prohibited.  2. Open burning:  (a) For the purpose of weed abatement, conservation, disease control, game or forest management, personn
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5.2.4, 5.2.5 and 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 political subdivisions and concurred in by the  (b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in by the Director.  (c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or re (d) Is allowed at single-family residences located in all areas of the State except in and within 1 mile of thboundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, FalFernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile oCarson City line.  (e) Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, LoveloMcGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of CCity and in those portions of Lyon County that are within 1 mile of the Carson City line if:  (1) Authorized by an officer of the State of Nevada or its political subdivisions;  (2) Concurred in by the Director; and  (3) Not specifically prohibited by local ordinances or regulations.  (f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes.  3. All open burning must be attended and controlled at all times to eliminate fire hazards.  [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75; A 5-8-77]—(NAC A by R237-03, 4-15-20

445B.2207 Incinerator burning. (Superseded 445.754) 

 1. Except as otherwise provided in subsection 6:  (a) Burning in any incinerator other than the multiple-chamber type is prohibited.  (b) Incinerator burning which produces, for periods totaling 1 minute in 1 hour, a visible emission which iopacity equal to or greater than 20 percent is prohibited.  2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture content material high temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auheating unit to ensure temperatures of 1400°F (760°C) for not less than 0.3 of a second. The hearth must be frcleaned at regular intervals to prevent buildup of residues and deposits.  3. The rated burning capacity, operating and maintenance procedures approved by the Director must be pconspicuously at or near the incinerator.  4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may 

exceed 1.8 lb/ton of dry refuse charged. 

 5. Allowable PM10 emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity 

calculated using the following equation: 
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E = 0.6 (40.7 x 10-5C) 

For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM10 in pounds pe

and “C” means the rate of charge of dry refuse in pounds per hour. 

 6. Single-chamber incinerators may be used at single-family residences, in all areas of the State, except in within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed HeightWinnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that a1 mile of the Carson City line, unless otherwise prohibited by local ordinances or regulations.  [Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6

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

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

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

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

percent opacity. 

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

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

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

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

 2. No owner or operator may cause or permit the emission of particulate matter in excess of the following:  (a) IMCO Services’ barite grinding mill in Battle Mountain in Air Quality Region 147, Humboldt River Ba59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric tcrude barite processed.  (b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, HuRiver Basin, Basin 55, Carico Lake Valley:  (1) For primary crushing of barite ore, 0.015 pounds per short ton (0.0075 kilograms per metric ton) of bprocessed.  (2) For secondary crushing or screening of barite ore, 0.035 pounds per short ton (0.0175 kilograms per m
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of barite ore processed.  (c) Dresser Industries’ barite grinding mill in Battle Mountain in Air Quality Control Region 147, HumbolBasin, Basin 59, Lower Reese River Valley:  (1) For grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite proc (2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispen 3. No owner or operator may cause or permit a discharge with an opacity of greater than 20 percent from a grinding mill.  4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production hours of operation of the mill and shall comply with all requirements for notification and recordkeeping in NA445.660 to 445.700 inclusive.  5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference MetC.F.R. Part 60, apply to barite grinding mills.  [Environmental Comm’n, Air Quality Reg. 16.27, eff. 1-25-79; A 8-28-79; 12-3-80; 8-17-81; 16.27.2, eff. 1-

8-28-79; 8-17=81; 16.27.1.1-16.27.4 eff. 8-17-81; 16.27.4, eff. 1-25-79; NAC A 10-19-83] 

. 

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

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

ore. 

 2. No operator may permit the emission of particulate matter in excess of the following:  (d) Freeport Gold Company’s processing plant for precious metal in Air Quality Control Region 147, BNorth Fork area:  (1) For crushing, screening, grinding, handling and transferring any precious metal or precious metal orelb/short ton (0.02 kg/metric ton) of precious metal ore processed.  (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 ton).  3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity frsingle source of a processing plant for precious metal.  4. The owner and the operator of any processing plant for precious metal shall record the yearly production hours of operation for each source of particulate matter to which an emission standard applies.  5. All tests must be performed in accordance with Appendix A of 40 C.F.R. Part 60.  [Environmental Comm’n, Air Quality Reg. 16.26, eff. 1-25-79; A 8-28-79; 11-21-79; 12-20-79; 4-18-80; 16.

1-25-79; 16.26.1.1, eff. 1-25-79; 8-28-79; 4-18-80; 16.26.1.2, eff. 1-25-79; A 4-18-80; 16.26.1.3-16.26.1.6, 

80; 16.26.1.7, eff. 4-18-80; A 8-17-81; 16.26.1.8; eff. 16.32.2, eff. 12-20-79; renumbered as 16.26.1.3, 4-18-8A 7-29-82; 10-19-83] 

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

 1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prounless all gases, vapors and gas-entrained effluents are: 
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 (a) Incinerated at temperatures of not less than 1400°F (760°C) for not less than 0.3 second;  2. This section does not apply to any machine, equipment or other contrivance used exclusively for the prof food for human consumption.  [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for N445B.394) 

445B.22093 Organic solvents and other volatile compounds.

(Superseded445.846 and Articles 9.2, 9.2.1, 9.2.1.1 and 9.2.1.2) 

 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manuprocessed, stored, used and transported in such a manner and by such means as to minimize the tendency to evapescape or be otherwise discharged into the ambient air causing or contributing to air pollution. If methods of available and feasible effectively to reduce the contribution to air pollution from evaporation, leakage or disdetermined by the director, the installation and use of such methods, devices or equipment for control is mand 2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capacor greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compounvapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevvapor or gas to the atmosphere or is equipped with one of the following devices properly installed, in good worand in operation:  (a) A floating roof which consists of a pontoon type or double-deck roof which rests on the surface of contents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon dome designed in accordance with accepted standards of the petroleum industry. This control equipment is not p

the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) under actual conditions. All gauging and sampling devices for tanks must be gastight except when gauging or staking place. 

 (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and vapors to the at 3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or eremodeled on or after November 7, 1975, must be equipped with a submerged fill pipe for the control of emis 4. All facilities for dock loading of products consisting of petroleum or other volatile organic compoundvapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have fa

submerged filling by a submerged fill pipe for the control of emissions. 

 [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC A 10-19-83)—(Substituted in revisio445B.395) 

445B.22097 Standards of quality for ambient air. 

(Superseded 445.843) 

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

NEVADA STANDARDSA NATIONAL STANDARDSB
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POLLUTANT AVERAGING 

TIME 

CONCENTRATION

C

METHODD PRIMARYC,

E

SECONDARYC, F

Ozone 1 hour 0.12 ppm 

(235 μg/m3) 

Ultraviolet absorption 

0.12 ppm (235 μg/m3) 

Same as primary 

Ozone-Lake Tahoe Basin, #90 

1 hour 0.10 ppm 

(195 μg/m3) 

Ultraviolet absorption 

-- -- 

Carbon monoxide less than 5,000′ above mean sea level 

9 ppm (10,500 μg/m3) 

At or greater than 5,000′

above mean sea level 

8 hours 

6 ppm (7,000 μg/m3) 

9 ppm (10 mg/m3) 

Carbon monoxide at any elevation 

1 hour 35 ppm (40,500 μg/m3) 

Nondispersive infrared photometry 

35 ppm (40 mg/m3) 

None 

Nitrogen dioxide 

Annual arithmetic mean 

0.053 ppm (100 μg/m3) 

Gas phase chemiluminescence 

0.053 ppm (100 μg/m3) 

Same as primary 

Annual arithmetic mean 

0.030 ppm (80 μg/m3) 

0.030 ppm 

24 hours 0.14 ppm 

(365 μg/m3) 0.14 ppm 

None 

Sulfur dioxide 

3 hours 0.5 ppm 

(1,300 μg/m3) 

Ultraviolet Fluorescence None 0.5 ppm

Annual arithmetic mean 

50 μg/m3 50 μg/m3 Particulate matter 

as PM10

24 hours 150 μg/m3

High volume PM10

sampling 150 μg/m3

Same as primary 
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Lead (Pb) 

Quarterly arithmetic mean 

1.5 μg/m3

High volume sampling, acid extraction and atomic absorption spectrometry 

1.5 μg/m3

Same as primary 

Hydrogen sulfide 

1 hour 0.08 ppm 

(112 μg/m3)G

Ultraviolet Fluorescence -- -- 

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

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

calendar year is generally based on an average of the number of times the standard has been exceeded per yealast 3 years. The National standards are to be used in determinations of attainment or nonattainment. 

Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurementquality that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to reference temperature of 25°C and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this tato parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “μg/m3” refers to mi

per cubic meter. 

Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference method or equmethod designated in accordance with 40 C.F.R. Part 53 may be substituted. Note E: National primary standards are the levels of air quality necessary, with an adequate margin of safety, the public health. Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from known or anticipated adverse effects of a regulated air pollutant. 
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Note G: The ambient air quality standard for hydrogen sulfide does not include naturally occurring backgrounconcentrations.  2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in section to protect the existing quality of Nevada’s air to the extent that it is economically and technically feas [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4

12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NAC A 10-19-83; 9-5-84; 

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

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

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

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

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

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

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

Implementation Plan; or 

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

Emission Standards for Hazardous Air Pollutants; 

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

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

and adopted as an emission limitation for the source; 

b. Any other source within this state which is owned, operated or controlled by the applicant i

compliance or on a schedule of compliance with these regulations and all other applicable limitations or variances as provided in NRS 445.506 to 445.521, inclusive; 

c. The total allowable emissions of each nonattainment pollutant from (1) the existing sources 

area, (2) those sources in the area which have received their respective registration certific(3) the proposed source will not be sufficiently less, by the time the proposed source is to operation, than the total emissions from (1) the existing sources and (2) those sources in thwhich have received their respective registration certificates before the proposed source mapplication for its registration certificate, so that reasonable further progress is achieved; 

 d. The emissions from the source will cause or contribute to emission levels which exceed the 

allowance permitted for such a pollutant for the nonattainment area. 

3. In any attainment area the best available control technology is not defined and adopted as an emissio
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limitation for the source. 

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

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

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

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

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

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

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

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

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

13.1.2, 13.2, 13.2.1-13.5.3.

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

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

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

pounds) per hour. 

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

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

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

complex sources removed 

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

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

action. 

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

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

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

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

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

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

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