# APPENDIX A

State of Nevada Applicable State Implementation Plan

ST ATUTORY ELEMENTS

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# State of Nevada Applicable State Implementation Plan 1



# N EVADA REVISED STATUTES

Through and including 10/23/ 2012 f inal FR a ctions

January 28, 1972

- October 23 , 2012

Last revised 11/

28 /2012



### TITLE 0

- PRELIMINARY CHAPTER

– GENERAL PROVISIONS

0.039 Person defined.



### TITLE 18

- CHAPTER 232A

– BOARDS, COMMISSIONS AND SIMILAR BODIES

232A.020 Residency requirement for appointment; terms of members; vacancies; qualification of

member appointed as representative of general public; gubernatorial appointee prohibited

from serving on more than one board, commission or similar body.



### TITLE 23

- CHAPTER 281A

– ETHICS IN GOVERNMENT

GENERAL PROVISIONS

281A.150 Public employee defined

. 281A.160 Public officer defined.

CODE OF ETHICAL STANDARDS

281A.400 Genera l requirements; exceptions

. 281A.410 Limitations on representing or counseling private persons before public agencies; disclosure

required by certain public officers

. 281A.420 Requirements regarding disclosure of conflicts of interest and abstention from v oting

because of certain types of conflicts; effect of abstention on quorum and voting

requirements; exceptions

.



### TITLE 40

- CHAPTER 439

– ADMINISTRATION OF PUBLIC HEALTH

District Board of Health and District Health Officer in Counties Whose Population is Less Than 700,000

439.390 District board of health: Composition; qualifications of members.



### TITLE 40

- CHAPTER 445B

- AIR POLLUTION

GENERAL PROVISIONS

445B.105 Definition s.

445B.110 Air contaminant defined.

445B.115 Air pollution defined.

1 This includes the statutory elements of the Nev ada ASIP to the best of the NDEP’s knowledge ; it may vary

somewhat from the U.S. EPA version. A proposed updated/replacement ASIP was submitted to EPA on February

16, 2005 with revisions on January 12, 2006, D ecember 8, 2006, June 26, 2007, August 20, 200 7 , May 21, 2012,

and August 30,2012 . This “Current” ASIP incorporates all of EPA’s final actions on NDEP’s submittals through

October 23, 2012: the 4/13/82, 3/27/06, 12/11/06, 4/20/07, 5/8/07, 4/9/08, 4/16/08 , 9/27/12, and 10/23/12 FR

actions and the 1/

3, 5/8, 6/13, 11/2/07and 4/16/08 rescissions.

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445B.120 Commission defined.

445B.125 Department defined.

445B.130 Director defined.

445B.135 Federal Act defined.

445B.140 Hazardou s air pollutant defined.

445B.145 Operating permit defined.

445B.150 Person defined.

445B.155 Source and indirect source defined.

STATE ENVIRONMENTAL COMMISSION

445B.200 Creation and com position; Chairman; quorum; compensation of members and employees;

disqualification; technical support.

445B.205 Department designated as State Air Pollution Control Agency.

445B.210 Powers of Commission.

445B.220 Additional powers of Commission.

445B.225 Power of Commission to require testing of sources.

445B.230 Powers and duties of Department.

445B.235 Additional powers of Department.

445B.240 Power of representatives of Department to enter and inspe ct premises.

445B.245 Power of Department to perform or require test of emissions from stacks.

LOCAL HEARING BOARD

445B.275 Creation; members; terms.

445B.280 Attendance of witnesses at hearing; contempt; compensation.

PROVISIONS FOR ENFORCEMENT

445B.300 Operating permit for source of air contaminant; notice and approval of proposed

construction; administrative fees; failure of Commission or Department to act.

445B.310 Limitations on enforcement of federal and state regulations concerning indirect sources.

445B.320 Approval of plans and specifications required before construction or alteration of st ructure.

445B.340 Appeals to Commission: Notice of appeal.

445B.350 Appeals to Commission: Hea rings.

445B.360 Appeals to Commission: Appealable matters; action by Commission; regulations.

VIOLATIONS

445B.450 Notice and order by Director; hearing; alternative procedures.

445B.460 Injunctive relief.

PROGRAM FOR CONTROL OF AIR POLLUTION

445B.500 Establishment and administration of program; contents of program; designation of air

pollution control agency of county for purposes of federal act; powers and duties of local air

pol lution control board; notice of public hearings; delegation of authority to determine

violations and levy administrative penalties; cities and smaller counties; regulation of certain

electric plants prohibited.

445B.503 Local air pollution control board i n county whose population is 700,000 or more:

Cooperation with regional planning coalition and regional transportation commission;

prerequisites to adoption or amendment of plan, policy or program.

445B.510 Commission may require program for designated area.

445B.520 Commission may establish or supersede county program.

445B.530 Commission may assume jurisdiction over specific classes of air contaminants.

445B.540 Restoration of superseded local program; continuation of existing local program.

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445B.560 Plan or procedure for emergency.

445B.570 Confidentiality and use of information obtained by Department; penalty.

445B.580 Officer of Department may inspect or search premises; s earch warrant.

445B.595 Governmental sources of air contaminants to comply with state and local provisions

regarding air pollution; permit to set fire for training purposes; planning and zoning

agencies to consider effects on quality of air.

445B.600 Private rights and remedies not affected.

445B.610 Provisions for transition in administration.

PENALTIES

445B.640 Levy and disposition of administrative fines; additional remedies available ; penalty.



### TITLE 43

- CHAPTER 485

- MOTOR VEHICLES: INSURANCE AND FINANCIAL

RESPONSIBILITY

GENERAL PROVISIONS

485.050 Motor vehicle defined.



### TITLE 58

- CHAPTER 704

- REGULATI ON OF PUBLIC UTILITIES GENERALLY

CONSTRUCTION OF UTILITY FACILITIES : UTILITY ENVIRONMENTAL PROTECTION ACT

704.820 Short title.

704.825 Declaration of legislative findings and purpose.

704.830 Definitions.

704.840 Commence to construct.

704.845 Local government.

704.850 Person.

704.855 Public Utility.

704.860 Utility facility.

704.865 Construction permit: Requirement; transfer; exceptions to requirement.

704.870 Construction permit application: Form, contents; filing; service; public notice.

7 04.875 Review of application by state environmental commission.

704.880 Hearing on application for permit.

704.885 Parties to permit proceeding; appearances; intervention.

704.890 Grant or denial of application; required findings; service of copies of order.

704.892 Grant, denial, conditioning of permit for plant for generation of electrical energy for export.

704.895 Rearing; judicial review.

704.900 Cooperation with United States, other states.



### GENERAL ORDER NO. 3

- RULES OF PRACTICE AND PROCE DURE BEFORE THE

PUBLIC SERVICE COMMISSION

Rule 25 Construction Permits

- Utility Environmental Protection Act.

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TITLE 0

- PRELIMINARY CHAPTER

- GENERAL PROVISIONS

0.039 “ Person” defined. Except as otherwise expressly provided in a particular statute or required by the context, “person ” means a natural

person, any form of business or social organization and any other nongovernmental legal entity including, but not l imited to, a corporation,

partnership, association, trust or unincorporated organization. The term does not include a government, governmental agency o r political

subdivision of a government.

(Added to NRS by 1985, 499) 71FR51766

8/31/2006



### TITLE 18

, CHAPTER 232A

– BOARDS, COMMISSIONS AND SIMILAR BODIES

232A.020 Residency requirement for appointment; terms of members; vacancies; qualification of member appointed as representative of

general public; gubernatorial appointee prohibited from serving on more than one board, commission or similar body.

1. Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar

body by the Governor must have, in accordance with the provisio ns of NRS 281.050 , actually, as opposed to constructively, resided, for the

6 months immediately preceding the date of the appointment:

(a) In this State; and

(b) If cu rrent residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that

govern the position, also in that county, district, ward, subdistrict or other unit.

2. After the Governor’s initial app ointments of members to boards, commissions or similar bodies, all such members shall hold office for

terms of 3 years or until their successors have been appointed and have qualified.

3. A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent

from the State for a period of 6 consecutive months.

4. Any vacancy must be filled by the Governor for the remainder of the unexpired term.

5. A member appointed to a board, commission or similar body as a representative of the general public must be a person who:

(a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and

(b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.

6. The Governor shall not appoint a person to a board, commission or similar body if the person is a member of any other board,

commission or similar b ody.

7. The provisions of subsection 1 do not apply if:

(a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitatio n,

membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

(b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of

subsection 1 would conflict with a requirement that applies to all members o f that body.

(Added to NRS by 1977, 1176; A 2005, 1581 ; 2011, 2992 ) 77FR64737

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TITLE 23, CHAPTER 281A

– ETHICS IN GOVERNMENT

GENERAL PROVISIONS

281A.150 “Public employee” defined. “Public employee” means any person who performs public duties under the direction and control of a public

officer for compensation paid by the State or any county, city or other political subdivision.

(Added to NRS by 1985, 2121; A 2009, 1047 )

— (Substituted in revision for NRS 281.436) 77FR64737

10/23/2012

281A.160 “Public officer” defined.

1. “Public officer” means a person elected or appointed to a position which:

(a) Is established by the Constitution of the State of Nevada, a statute of this State or a charter or ordinance of any county, city or other

political subdivision; and

(b) Involves the exercise of a public power, trust or duty. As used in this section, “the exercise of a publ ic power, trust or duty” means:

(1) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in t he

formulation of public policy;

(2) The expenditure of public money; and

(3) The administration of laws and rules of the State or any county, city or other political subdivision.

2. “Public officer” does not include:

(a) Any justice, judge or other officer of the court system;

(b) Any member of a board, commission or other body whose function is advisory;

(c) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization

of the expenditure of the district’s money; or

(d) A county health officer appointed pursuant to NRS 439.290

. 3. “Public office” does not include an office held by:

(a) Any justice, judge or other officer of the court sy stem;

(b) Any member of a board, commission or other body whose function is advisory;

(c) Any member of a special district whose official duties do not include the formulation of a budget for the district or the authorization

of the expenditure o f the district’s money; or

(d) A county health officer appointed pursuant to NRS 439.290

. (Added to NRS by 1985, 2121; A 1987, 2093; 1999, 883 ; 2001, 658

, 1955

, 2288 ; 2003, 116 ; 2005, 2302 ; 2009, 1047 )

— (Substituted in

revision for NRS 281.436 5) 77FR64737

10/23/2012

CODE OF ETHICAL STANDARDS

281A.400 General requirements; exceptions. A code of ethical standards is hereby established to govern the conduct of public officers and

employees:

1. A public officer or employee shall not seek or accept any gift, service, favor, employment, engagement, emolument or economic

opportunity which would tend improperly to influence a reasonable person in the public officer’s or employee’s position to de part from the

faithful and impartial discharge of the public officer’s or employee’s public duties. 77FR64737

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2. A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwar ranted

privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the public officer or

employee has a significant pecuniary interest, or any person to whom the public officer or employee has a commitment in a private capacity

to the interests of that person. As used in this subsection:

(a) “Commitment in a private capacity to the interests of that person” has the meaning ascribed to “commitment in a private c apacity to

the interests of others” in subsection 8 of NRS 281A.420

. (b) “Unwarranted” means without justification or adequate reason.

3. A public officer or employee shall not participate as an agent of government in the negotiation or execution of a contract be tween the

g overnment and any business entity in which the public officer or employee has a significant pecuniary interest.

4. A public officer or employee shall not accept any salary, retainer, augmentation, expense allowance or other compensation fro m any

priv ate source for the performance of the public officer’s or employee’s duties as a public officer or employee.

5. If a public officer or employee acquires, through the public officer’s or employee’s public duties or relationships, any info rmation

which by law or practice is not at the time available to people generally, the public officer or employee shall not use the informa tion to

further the pecuniary interests of the public officer or employee or any other person or business entity.

6. A publi c officer or employee shall not suppress any governmental report or other document because it might tend to affect

unfavorably the public officer’s or employee’s pecuniary interests.

7. Except for State Legislators who are subject to the restrictions set forth in subsection 8, a public officer or employee shall not use

governmental time, property, equipment or other facility to benefit the public officer’s or employee’s personal or financial interest. This

subsection does not prohibit:

(a) A limi ted use of governmental property, equipment or other facility for personal purposes if:

(1) The public officer who is responsible for and has authority to authorize the use of such property, equipment or other fac ility has

established a policy a llowing the use or the use is necessary as a result of emergency circumstances;

(2) The use does not interfere with the performance of the public officer’s or employee’s public duties;

(3) The cost or value related to the use is nomin al; and

(4) The use does not create the appearance of impropriety;

(b) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is availa ble to

members of the general public for nongove rnmental purposes; or

(c) The use of telephones or other means of communication if there is not a special charge for that use.

 If a governmental agency incurs a cost as a result of a use that is authorized pursuant to this subsection or would ordinaril y charge a

member of the general public for the use, the public officer or employee shall promptly reimburse the cost or pay the charge to the

governmental agency.

8. A State Legislator shall not:

(a) Use governmental time, property, equipment or other facility for a nongovernmental purpose or for the private benefit of the State

Legislator or any other person. This parag raph does not prohibit:

(1) A limited use of state property and resources for personal purposes if:

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(I) The use does not interfere with the performance of the State Legislator’s public duties;

(II) The cost or val ue related to the use is nominal; and

(III) The use does not create the appearance of impropriety;

(2) The use of mailing lists, computer data or other information lawfully obtained from a governmental agency which is availa ble t o

members of the general public for nongovernmental purposes; or

(3) The use of telephones or other means of communication if there is not a special charge for that use.

(b) Require or authorize a legislative employee, while on duty, to per form personal services or assist in a private activity, except:

(1) In unusual and infrequent situations where the employee’s service is reasonably necessary to permit the State Legislator or

legislative employee to perform that person’s officia l duties; or

(2) Where such service has otherwise been established as legislative policy.

9. A public officer or employee shall not attempt to benefit the public officer’s or employee’s personal or financial interest t hrough the

influence of a subordinate.

10. A public officer or employee shall not seek other employment or contracts through the use of the public officer’s or employee ’s

official position.

(Added to NRS by 1977, 1105; A 1987, 2094; 1991, 1595; 1993, 2243; 1997, 3324 ; 1999, 2736 ; 2003, 3388 ; 2009, 1053 )

— (Substituted

in revision for NRS 281.481)

281A.410 Limitations on representing or counseling private persons before public agencies; disclosure required by certain public offic ers. In

addition to the requirements of the code of ethical standards:

1. If a public officer or employee serves in a state agency of the Executive Department or an agency of any county, city or other political

subdivision, the public officer or employee:

(a) Shall not accept compensation from any private person to represent or counsel the private person on any issue pend ing before the

agency in which that public officer or employee serves, if the agency makes decisions; and

(b) If the public officer or employee leaves the service of the agency, shall not, for 1 year after leaving the service of th e agency,

represent or counsel for compensation a private person upon any issue which was under consideration by the agency during the public

officer’s or employee’s service. As used in this paragraph, “issue” includes a case, proceeding, application, contract or det erminatio n, but

does not include the proposal or consideration of legislative measures or administrative regulations.

2. A State Legislator or a member of a local legislative body, or a public officer or employee whose public service requires les s than half

o f his or her time, may represent or counsel a private person before an agency in which he or she does not serve. Any other pu blic officer or

employee shall not represent or counsel a private person for compensation before any state agency of the Executive or Legislative

Department.

3. Not later than January 15 of each year, any State Legislator or other public officer who has, within the preceding year, repr esented or

counseled a private person for compensation before a state agency of the Executive D epartment shall disclose for each such representation

or counseling during the previous calendar year:

(a) The name of the client;

(b) The nature of the representation; and 77FR64737

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(c) The name of the state agency.

4. The disclosure required b y subsection 3 must be made in writing and filed with the Commission on a form prescribed by the

Commission. For the purposes of this subsection, the disclosure is timely filed if, on or before the last day for filing, the disclosure is filed in

one of the following ways:

(a) Delivered in person to the principal office of the Commission in Carson City.

(b) Mailed to the Commission by first

- class mail, or other class of mail that is at least as expeditious, postage prepaid. Filing by mail is

comple te upon timely depositing the disclosure with the United States Postal Service.

(c) Dispatched to a third

- party commercial carrier for delivery to the Commission within 3 calendar days. Filing by third

- party

commercial carrier is complete upon timely depositing the disclosure with the third

- party commercial carrier.

5. The Commission shall retain a disclosure filed pursuant to subsections 3 and 4 for 6 years after the date on which the disclo sure was

filed.

(Added to NRS by 1977, 1106; A 199 1, 1597; 2001, 2289 ; 2007, 638 ; 2009, 1054 )

— (Substituted in revision for NRS 281.491)

281A.420 Requirements regarding disclosure of conflicts of interest and abstention from voting because of certain types of conflicts; effect of

abstention on quorum and voting requirements; exceptions.

1. Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or

otherwise act upon a matter:

(a) Regarding which the public officer or employee has accepted a gift or loan;

( b) In which the public officer or employee has a pecuniary interest; or

(c) Which would reasonably be affected by the public officer’s or employ ee’s commitment in a private capacity to the interest of others,

 without disclosing sufficient information concerning the gift, loan, interest or commitment to inform the public of the poten tial effect of

the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s pe cuniary interest, or upon

the persons to whom the public officer or employee has a commitment in a private capacity. Such a disclosure must be made at the time the

matter is considered. If the public officer or employee is a member of a body which makes de cisions, the public officer or employee shall

make the disclosure in public to the chair and other members of the body. If the public officer or employee is not a member o f such a body

and holds an appointive office, the public officer or employee shall ma ke the disclosure to the supervisory head of the public officer’s or

employee’s organization or, if the public officer holds an elective office, to the general public in the area from which the public officer is

elected.

2. The provisions of subsecti on 1 do not require a public officer to disclose:

(a) Any campaign contributions that the public officer reported in a timely manner pursuant to NRS 294A.120 or 294A.125 ; or

(b) Any contributions to a legal defense fund that the public officer reported in a timely manner pursuant to NRS 294A.286

. 3. Except as otherwise provided in this section, in addition to the requirements of subsection 1, a public officer shall not vot e upon or

advocate the passage or failure of, but may otherwise participate in the con sideration of, a matter with respect to which the independence of

judgment of a reasonable person in the public officer’s situation would be materially affected by:

(a) The public officer’s acceptance of a gift or loan;

(b) The public officer’s p ecuniary interest; or 77FR64737

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(c) The public officer’s commitment in a private capacity to the interests of others.

4. In interpreting and applying the provisions of subsection 3:

(a) It must be presumed that the independence of judgment of a reaso nable person in the public officer’s situation would not be materially

affected by the public officer’s pecuniary interest or the public officer’s commitment in a private capacity to the interests of others where the

resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of

others, accruing to the other persons, is not greater than that accruing to any other member of the general business, profess ion, occupation or

grou p that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of the requir ements set forth

in subsection 1 relating to the disclosure of the pecuniary interest or commitment in a private capacity to the in terests of others.

(b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the righ t of a

public officer to perform the duties for which the public officer was elected or appointed and to vo te or otherwise act upon a matter,

provided the public officer has properly disclosed the public officer’s acceptance of a gift or loan, the public officer’s pe cuniary interest or

the public officer’s commitment in a private capacity to the interests of ot hers in the manner required by subsection 1. Because abstention by

a public officer disrupts the normal course of representative government and deprives the public and the public officer’s con stituents of a

voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of

judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s accept ance of a gift or

loan, the public of

ficer’s pecuniary interest or the public officer’s commitment in a private capacity to the interests of others.

5. Except as otherwise provided in NRS 241.0355 , if a publi c officer declares to the body or committee in which the vote is to be taken

that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upo n and the number

of votes necessary to act upon the ma tter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a

member of the body or committee.

6. The provisions of this section do not, under any circumstances:

(a) Prohibit a member of a local legislat ive body from requesting or introducing a legislative measure; or

(b) Require a member of a local legislative body to take any particular action before or while requesting or introducing a le gislative

measure.

7. The provisions of this section d o not, under any circumstances, apply to State Legislators or allow the Commission to exercise

jurisdiction or authority over State Legislators. The responsibility of a State Legislator to make disclosures concerning gif ts, loans, interests

or commitments and the responsibility of a State Legislator to abstain from voting upon or advocating the passage or failure of a matter are

governed by the Standing Rules of the Legislative Department of State Government which are adopted, administered and enforced

excl usively by the appropriate bodies of the Legislative Department of State Government pursuant to Section 6 of Article 4 of the Nevada

Constitution.

8. As used in this section:

(a) “Commitment in a private capacity to the interests of others” means a commitment to a person:

(1) Who is a member of the public officer’s or employee’s household;

(2) Who is related to the public officer or employee by blood, adoption or marriage within the third degree of consanguinity or

affinity;

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(3) Who employs the public officer or employee or a member of the public officer’s or employee’s household;

(4) With whom the public officer or employee has a substantial and continuing business relationship; or

(5) Any other commitment or relationship that is substantially similar to a commitment or relationship described in subparagr aphs (1)

to (4), inclusive, of this paragraph.

(b) “Public of

ficer” and “public employee” do not include a State Legislator.

(Added to NRS by 1977, 1106; A 1987, 2095; 1991, 1597; 1995, 1083; 1997, 3326 ; 1999, 2738 ; 2003, 818

, 1735

, 3389 ; 2007,

3372 ; 2009, 1055

, 1057 )

— (Substituted in revision for NRS 281.501)



### TITLE 40, CHAPTER 439

– ADMINISTRATION OF PUBLIC HEALTH

District Board o f Health And District Health Officer i n Counties Whose Population Is Less Than 700,000

439.390 District board of health: Compositi on; qualifications of members.

1. A district board of health must consist of two members from each county, city or town which participated in establishing the district,

to be appointed by the governing body of the county, city or town in which they reside, together with one additional member to be chosen by

the members so appointed.

2. The additional member must be a physician licensed to practice medicine in this State.

3. If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization

of the district health department, the additional member may be appointed by the State Health Officer.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]

— (NRS A 1959, 104; 196 3, 941; 1991, 1379)



### TITLE 40, CHAPTER 445B

- AIR POLLUTION

GENERAL PROVISIONS

445B. 105

(Supersedes

445. 406 ) Definitions. As used in NRS 445B.100 to 445B.640 , inclusive, unless the context otherwise requires, the words and terms defined in NRS

445B.110 to 445B.155 , inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 1192; A 1973, 1811; 1993, 2852)

— (Substituted in revision for NRS 445.406) 71FR51766

8 /31/2006

445B.110

(Supersedes

445.411) “Air contaminant” defined. “Air contaminant” means any substance discharged into the atmosphere except water vapor and water droplets.

(Added to NRS by 1971, 1192)

— (Substituted in revision for NRS 445.411) 71F R51766

8/31/2006

445B.115

(Supersedes

445.416) “Air pollution” defined. “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants or any

combination thereof in such quantity and duration as may tend to:

1. Inju re human health or welfare, animal or plant life or property.

2. Limit visibility or interfere with scenic, esthetic and historic values of the State.

3. Interfere with the enjoyment of life or property.

(Added to NRS by 1971, 1192)

— (Su bstituted in revision for NRS 445.416) 71FR51766

8/31/2006

445B.120

(Supersedes “Commission” defined. “Commission” means the State Environmental Commission.

(Added to NRS by 1971, 1192; A 1973, 1811)

— (Substituted in revision for NRS 445. 421) 71FR51766

8/31/2006

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445.421)

445B.125

(Supersedes

445.424) “Department” defined. “Department” means the State Department of Conservation and Natural Resources.

(Added to NRS by 1973, 1808; A 1973, 1406; 1977, 1142)

— (Substituted in revision for NRS 44 5.424) 71FR51766

8/31/2006

445B.130

(Supersedes

445B.427) “Director” defined. “Director” means the Director of the Department or his designee or person designated by or pursuant to a county or

city ordinance or regional agreement or regulation to enfor ce local air pollution control ordinances and regulations.

(Added to NRS by 1973, 1808)

— (Substituted in revision for NRS 445.427) 71FR51766

8/31/2006

445B.135

(Supersedes

445.431) “Federal Act” defined. “Federal Act” means the Clean Air Act (42 U .S.C. §§ 7401 et seq.), which includes the Clean Air Act of 1963

(P.L. 88

- 206) and amendments made by the Motor Vehicle Air Pollution Control Act (P.L. 89

- 272, October 20, 1965), the Clean Air Act

Amendments of 1966 (P.L. 89

- 675, October 15, 1966), the Air Quality Act of 1967 (P.L. 90

- 148, November 21, 1967), the Clean Air

Amendments of 1970 (December 31, 1970) and any amendments thereto made after July 1, 1971.

(Added to NRS by 1971, 1192; A 1993, 2852)

— (Substituted in revision for NRS 445.431) 71FR5 1766

8/31/2006

445B.140 “Hazardous air pollutant” defined. “Hazardous air pollutant” means a substance designated as such by the Commission pursuant to NRS

445B.210

. (Added to NRS by 1993, 2849)

— (Substituted in revision for NRS 445.433) 71FR51766

8/31/2006

445B.145 “Operating permit” defined. “Operating permit” means a permit signed and issued by the Director approving, with conditions, the

construction and operat ion of a source of any air contaminant.

(Added to NRS by 1993, 2849)

— (Substituted in revision for NRS 445.438) 71FR51766

8/31/2006

445B. 150

(Supersedes

445. 441 ) “Person” defined. “Person” includes the State of Nevada, political subdivisions, admi nistrative agencies and public or quasi

- public

corporations.

(Added to NRS by 1971, 1192; A 1985, 517)

— (Substituted in revision for NRS 445.441) 71FR51766

8/31/2006

445B.155

(Supersedes

445.446) “Source” and “indirect source” defined.

1. “ Source” means any property, real or personal, which directly emits or may emit any air contaminant.

2. “Indirect source” means any property or facility that has or solicits secondary or adjunctive activity which emits or may emi t any air

contaminant for which there is an ambient air quality standard, notwithstanding that such property or facility may not itself possess the

capability of emitting such air contaminants. Indirect sources include, but are not limited to:

(a) Highways and roads;

(b) Parking facilities;

(c) Retail, commercial and industrial facilities;

(d) Recreation, amusement, sports and entertainment facilities;

(e) Airports;

(f) Office and government buildings;

(g) Apartment and condominium buil dings;

(h) Educational facilities; and 71FR51766

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(i) Other such property or facilities which will result in increased air contaminant emissions from motor vehicles or other s tationary

sources.

(Added to NRS by 1971, 1192; A 1973, 1811; 1975, 1781; 1977, 1558)

— (Substituted in revision for NRS 445.446)

STATE ENVIRONMENTAL COMMISSION

445B.200

(Supersedes

445.451) Creation and composition; Chairman; quorum; compensation of members and employees; disqualification; technical supp ort.

1. The State Environmental Commission is hereby created within the State Department of Conservation and Natural Resources. The

Commission consists of:

(a) The Director of the Department of Wildlife;

(b) The State Forester Firewarden ;

(c) The State Engineer;

(d) The Director of the State Department of Agriculture;

(e) The Administrator of the Division of Minerals of the Commission on Mineral Resources;

(f) A member of the State Board of Health to be designated by that Board; and

(g) Five members appointed by the Governor, one of whom is a general engineering contractor or a general building contractor licensed

pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation.

2. The Governor shall appoint the Chairman of the Commission from among the members of the Commission.

3. A majority of the members constitutes a quorum, and a majori ty of those present must concur in any decision.

4. Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Commission , for

each day’s attendance at a meeting of the Commission.

5. Wh ile engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem

allowance and travel expenses provided for state officers and employees generally.

6. Any person who receives or has receiv ed during the previous 2 years a significant portion of his income, as defined by any applicable

state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730

, inclusive, is disqualified from serving as a member of the Commission. The provisions of this subsection do not apply to any person who

receives or has received during the previous 2 years, a significant portion of his income from any department or agency of st ate government

which is a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730 , inclusive.

7. The State Department of Conservation and Natural Resources shall provide technical a dvice, support and assistance to the

Commission. All state officers, departments, commissions and agencies, including the Department of Transportation, the Depart ment of

Human Resources, the University and Community College System of Nevada, the State Publ ic Works Board, the Department of Motor

Vehicles, the Department of Public Safety, the Public Utilities Commission of Nevada, the Transportation Services Authority a nd the State

Department of Agriculture may also provide technical advice, support and assis tance to the Commission.

(Added to NRS by 1971, 1192; A 1973, 908, 1406, 1720; 1975, 1404; 1977, 1142, 1220, 1484, 1561; 1979, 910, 1800; 1981, 1983;

1983, 2089; 1985, 424, 1991; 1989, 1288, 1715; 1989, 1288, 1715; 1993, 404, 1623; 1995, 579; 1997, 1 998; 1999, 3623 ; 2001, 2616 ;

2003, 1564 ) 72FR11

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445B. 205 Department designated as State Air Pollution Control Agency. The Department is: 72FR11

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(Supersedes

445. 456 ) 1. Designated as the Air Pollution Co ntrol Agency of the State for the purposes of the Federal Act insofar as it pertains to state

programs.

2. Authorized to take all action necessary or appropriate to secure to this state the benefits of the Federal Act.

(Added to NRS by 1971, 1 139; A 1973, 1813)

— (Substituted in revision for NRS 445.456) 01/03/2007

445B.210

(Supersedes

455.461) Powers of Commission. The Commission may:

1. Subject to the provisions of NRS 445B.215 , adopt regulations consistent with the general intent and purposes of NRS 445B.100 to

445B.640 , inclusive, to prevent, abate and control air pollution.

2. Establish standards for air quality.

3. Require access to records relating to emissions which cause or contribute to air pollution.

4. Cooperate wi th other governmental agencies, including other states and the Federal Government.

5. Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.

6. By regulation:

(a) Designa te as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air

pollutants pursuant to 42 U.S.C. § 7412(b); and

(b) Delete from designation as a hazardous air pollutant any substance which, af ter October 1, 1993, is deleted from the federal list of

hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),

 based upon the Commission’s determination of the extent to which such a substance presents a risk to the public health.

7. Hold hearings to carry out the provisions of N RS 445B.100 to 445B.640 , inclusive, except as otherwise provided in those sections.

8. Establish fuel standards for both stationary and mobile sources of air contaminan ts. Fuel standards for mobile sources of air

contaminants must be established to achieve air quality standards that protect the health of the residents of the State of Ne vada.

9. Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air

contaminants.

(Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230) 73FR38124

07/03/2008

445B.220

(Supersedes

445.471 ) Additional powers of Commission. In carrying out the purposes of NRS 445B.100 to 445B.640 , inclusive, the Commission, in addition to

any other action which may be necessary or appropriate to carry out such purposes , may:

1. Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local

governmental agencies and other interested parties in all ma tters relating to air pollution control in preventing or controlling the pollution of

the air in any area.

2. Recommend measures for control of air pollution originating in this state.

(Added to NRS by 1971, 1194; A 1973, 1814)

— (Substituted in revision for NRS 445.471) 71FR51766

8/31/2006

445B.225

(Supersedes

445.472) Power of Commission to require testing of sources. The Commission may require the monitoring or source tests of existing or new

stationary sources which can emit an air contam inant.

(Added to NRS by 1973, 1810)

— (Substituted in revision for NRS 445.472) 71FR51766

8/31/2006

445B.230 Powers and duties of Department. The Department shall:

1. Make such determinations and issue such orders as m ay be necessary to implement the purposes of NRS 445B.100 to 445B.640

, 72FR11

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(Supersedes

445.473) inclusive.

2. Appl y for and receive grants or other funds or gifts from public or private agencies.

3. Cooperate and contract with other governmental agencies, including other states and the Federal Government.

4. Conduct investigations, research and technical studies consistent with the general purposes of NRS 445B.100 to 445B.640 , inclusive.

5. Prohibit as specifically provided in NRS 445B.300 and 445B.320 and as generally provided in NRS 445B.100 to 445B.640

, inclusive, the installation, alteration or establishment of any equipment, device or other article capable of causing air pollution.

6. Require the submission of such preliminary plans and specifications and other information as it deems necessary to process pe rmits.

7. Enter into and inspect at any reasonable time any premises containing an air contaminant source or a source under construction for

purposes of ascertaining compliance with NRS 445B.100 to 445B.640 , inclusive.

8. Specify the manner in which incinerators may be constructed and operated.

9. Institute proceedings to prevent continued violation of any order issued by the Director and t o enforce the provisions of NRS

445B.100 to 445B.640 , inclusive.

10. Require access to re cords relating to emissions which cause or contribute to air pollution.

11. Take such action in accordance with the rules, regulations and orders promulgated by the Commission as may be necessary to

prevent, abate and control air pollution.

(A dded to NRS by 1973, 1808)

— (Substituted in revision for NRS 445. 473)

445B.235

(Supersedes

445.474) Additional powers of Department. In carrying out the purposes of NRS 445B.100 to 445B.640 , inclusive, the Department may, if it

considers it necessary or appropriate:

1. Cooperate with appropriate federal officers and agencies of the Federal Government, other states, interstate agencies, local

governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controll ing the pollution of

the air in any area.

2. On behalf of this state, apply for and receive funds made available to the State for programs from any private source or from any

agency of the Federal Government under the Federal Act. All moneys received from any federal agency or private source as prov ided in thi s

section shall be paid into the State Treasury and shall be expended, under the direction of the Department, solely for the pu rpose or purposes

for which the grant or grants have been made.

3. Certify to the appropriate federal authority that facil ities are in conformity with the state program and requirements for control of air

pollution, or will be in conformity with the state program and requirements for control of air pollution if such facility is constructed and

operated in accordance with the application for certification.

4. Develop measures for control of air pollution originating in the State.

(Added to NRS by 1973, 1809)

— (Substituted in revision for NRS 445.474) 71FR51766

8/31/2006

445B.240

(Supersedes

445.476 ) Power of rep resentatives of Department to enter and inspect premises.

1. Any duly authorized officer, employee or representative of the Department may enter and inspect any property, premises or place on

or at which an air contaminant source is located or is be ing constructed, installed or established at any reasonable time for the purpose of

ascertaining the state of compliance with NRS 445B.100 to 445B.640 , inclusive, and rules and regulations in force pursuant thereto.

2. No person shall: 72FR11

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(a) Refuse entry or access to any authorized representative of the Department who requests entry for pu rposes of inspection, as provided

in this section, and who presents appropriate credentials.

(b) Obstruct, hamper or interfere with any such inspection.

3. If requested, the owner or operator of the premises shall receive a report setting fort h all facts found which relate to compliance

status.

(Added to NRS by 1971, 1194; A 1973, 1815)

— (Substituted in revision for NRS 445.476)

445 B

. 245

(Supersedes

445.477) Power of Department to perform or require test of emissions from stacks. The Department may perform a stack source emission test or

require the source owner or operator to have such test made prior to approval or prior to the continuance of an operating per mit or similar

class of permits.

(Added to NRS by 19 73, 1810; A 1975, 1405)

— (Substituted in revision for NRS 445.477) 71FR51766

8/31/2006

LOCAL HEARING BOARD

445B.275

(Supersedes

445.481) Creation ; members; terms.

1. The governing body of any district, county or city authorized to operate an air pollution control program pursuant to NRS 445B.100

to 445B.640 , inclusive, may appoint an air p ollution control hearing board.

2. The air pollution control hearing board appointed by a county, city or health district must consist of seven members who are not

employees of the State or any political subdivision of the State. One member of the h earing board must be an attorney admitted to practice

law in Nevada, one member must be a professional engineer licensed in Nevada and one member must be licensed in Nevada as a g eneral

engineering contractor or a general building contractor as defined by NRS 624.215 . Three must be appointed for a term of 1 year, three must

be appointed for a term of 2 years and one must be appointed for a term of 3 years. Each succeeding term mus t be for a period of 3 years.

(Added to NRS by 1971, 1195; A 1973, 1815; 1975, 1782; 1997, 1068) 71FR51766

8/31/2006

445B.280

(Supersedes

445.486) Attendance of witnesses at hearing; contempt; compensation.

1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of

testimony and the production of books and papers as required by any subpoena issued by the chairman of the hearing.

2. In case of the refusal o f any witness to attend or testify or produce any papers required by such subpoena the chairman may report to

the district court in and for the county in which the hearing is held, by petition setting forth:

(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the manner prescribed in NRS 445B.100 t o 445B.640 , inclusive; and

(c) That the witness has failed and refused to attend or produce the papers required by subpoena in the hearing named in the subpoena, or

has r efused to answer questions propounded to him in the course of such hearing,

 and asking an order of the court compelling the witness to attend and testify or produce the books or papers in the hearing.

3. The court, upon petition of the chairman, shall enter an order directing the witness to appear before the court at a tim e and place to be

fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show ca use why he has

not attended or testified or produced the books or papers in the hearing. A certified copy of the order shall be served upon the witness. If it

appears to the court that the subpoena was regularly issued by the chairman, the court shall thereupon enter an order that the witness appear

in the hearing at the time and place fixed in the order and testify or produce the required books or papers, and upon a failure to obey the 71FR51766

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order the witness shall be dealt with as for contempt of court.

4. Witnesses may be compensated in the amounts provided in NRS 50.225

. (Added to NRS by 1971, 1195; A 1973, 1816)

— (Substituted in revision for NRS 445.486)

PROVISIONS FOR ENFORCEMENT

445B.300

(Supersedes

445.491) Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of

Commission or Department to act.

1. The Commission shall by regulation:

(a) Require the person operating or responsible for the existence of each source of air cont aminant, generally or within a specified class

or classes, to apply for and obtain an operating permit for the source.

(b) Require that written notice be given to the Director before the construction, installation, alteration or establishment o f any source of

air contaminant or of any specified class or classes of such sources, or the alteration of any device intended primarily to prevent or reduce air

pollution. If within the time prescribed by regulation the Director determines that:

(1 ) The proposed construction, installation, alteration or establishment will not be in accordance with the provisions of the plans,

specifications and other design material required to be submitted under NRS 445B.100 to 445B.640 , inclusive, or applicable regulations; or

(2) The design material or the construction itself is of such a natur e that it patently cannot bring such source into compliance with

NRS 445B.100 to 445B.640 , inclu sive, or applicable regulations,

 the Director shall issue an order prohibiting the construction, installation, alteration or establishment of the source or so urces of air

contaminant.

2. The Commission shall by regulation provide for:

(a) The issuance, renewal, modification, revocation and suspension of operating permits, and charge appropriate fees for their issuan ce in

an amount sufficient to pay the expenses of administering NRS 445B.100 to 445B.640 , inclusive, and any regulations adopted pursuant to

those sections.

(b) The issuance of authorizations for the issuance of building permits pursuant to paragraph (a) of subsection 2 of NRS 445B.320

. 3. Any failure of the Commission or the Department to issue a regulation or order to prohibit any act does not relieve the person so

operating from any legal responsibility for the construction, operation or existence of the source of air contaminant.

4. All administrative fees collected by the Commission pursuant to subsection 2 must be accounted for separately and deposited in the

State General Fund for credit to the Account for the Management of Air Quality. This subsection does not apply to any fees co llected by

political subdivisions or their agencies.

(Added to NRS by 1971, 1196; A 1973, 1816; 1993, 2853)

— (Substituted in revision for NRS 445.491) 71FR51766

8/31/2006

445B.310

(Supersedes

445.493) Limitations on enforcement of federal and state regulations concerning indirect sources.

1. If any federal regulations relating to ind irect sources become effective after January 17, 1977, the authority of a state agency to

review new indirect sources may be exercised only:

(a) In the enforcement of those federal regulations; and

(b) To the extent enforcement by the state age ncy is required by the Federal Act.

2. The local air pollution control agency may enforce within its jurisdiction against existing indirect sources any federal or s tate 74FR15219

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regulations relating to indirect sources or any regulations it adopts relating t o indirect sources, to the extent that:

(a) Local enforcement is not inconsistent with the requirements of any federal law or regulation; and

(b) Enforcement is necessary to comply with the federal standards for ambient air quality.

(Adde d to NRS by 1975, 1781; A 1977, 1559; 1981, 1539; 1985, 290; 1991, 1380)

— (Substituted in revision for NRS 445.493)

445B.320

(Supersedes

445.496) Approval of plans and specifications required before construction or alteration of struc ture.

1. The Commission shall require, with respect to all sources of air contaminant, including indirect sources, that plans, specifi cations and

such other information as the Commission may direct be submitted to the Director not later than a speci fied interval before the construction

or alteration of a building or other structure if such construction or alteration includes the establishment or alteration of a source or indirect

source of air contaminant.

2. The local government authority, if any, responsible for issuing any required building permit shall not issue such building permit:

(a) Until the Department has given its authorization therefor, pursuant to regulation of the Commission.

(b) If a stop order prohibiting such const ruction or alteration has been issued.

(Added to NRS by 1971, 1197; A 1973, 1817; 1977, 1559; 1993, 2854)

— (Substituted in revision for NRS 445.496) 71FR51766

8/31/2006

445B.340

(Supersedes

445.4 98 ) Appeals to Commission: Notice of appeal. A party aggrieved may file notice of appeal with the Commission within 10 days after the date

of notice of action of the Department, except as otherwise provided by law.

(Added to NRS by 1973, 1809)

— (Substituted in revision for NRS 445.498) 72FR11

01/03/200 7

445B.350

(Supersedes

445.499) Appeals to Commission: Hearings.

1. Within 20 days after receipt of the notice of appeal provided for in NRS 445B.340 , the Commission s hall hold a hearing.

2. Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for the hearing.

3. The Commission may sit en banc or in panels of three or more to conduct hearings.

4. The attendance of witnesses and the production of documents may be subpoenaed by the Commission at the request of any party.

Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be taxed against the requestin g party.

5. All testimony shall be given under oath, and recorded verbatim by human or electronic means.

6. For the purpose of judicial review under NRS 445B.560

, the parties may agree upon a statement of facts in lieu of a transcript of

testimony.

7. Costs of transcribing proceedings of the Commission shall be taxed against the requesting party.

(Added to NRS by 1973, 1809)

— (Substituted in revision fo r NRS 445.499) 72FR11

01/03/2007

445B.360

(Supersedes

445.501) Appeals to Commission: Appealable matters; action by Commission; regulations.

1. Any person aggrieved by:

(a) The issuance, denial, renewal, modification, suspension or revocatio n of an operating permit; or

(b) The issuance, modification or rescission of any other order,

 by the Director may appeal to the Commission.

2. The Commission shall affirm, modify or reverse any action taken by the Director which is the subject of the appeal.

3. The Commission shall provide by regulation for the time and manner in whi ch appeals are to be taken to the Commission.

(Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)

— (Substituted in revision for NRS 445.501) 72FR11

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VIOLATIONS

445B.450

(Supersedes

445.526 ) Notice and order by Director; hear ing; alternative procedures.

1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has bee n violated,

he shall cause written notice to be served upon the person or persons responsibl e for the alleged violation.

2. The notice shall specify:

(a) The statute or regulation alleged to be violated; and

(b) The facts alleged to constitute the violation.

3. The notice may include an order to take corrective action wi thin a reasonable time, which shall be specified. Such an order becomes

final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the Commissio n.

4. With or without the issuance of an order pursu ant to subsection 3, or if corrective action is not taken within the time specified:

(a) The Director may notify the person or persons responsible for the alleged violation to appear before the Commission at a specified

time and place; or

(b) T he Commission may initiate proceedings for recovery of the appropriate penalty.

5. Nothing in this section prevents the Commission or the Director from making efforts to obtain voluntary compliance through wa rning,

conference or other appropriate me ans.

(Added to NRS by 1971, 1198; A 1973, 1818; 1975, 1405)

— (Substituted in revision for NRS 445.526) 72FR11

01/03/2007

445B.460

(Supersedes

445.529) Injunctive relief.

1. If, in the judgment of the Director, any person is engaged in or is a bout to engage in any act or practice which constitutes or will

constitute a violation of any provision of NRS 445B.100 to 445B.640 , inclusive, or any rule, regulation, order or operating permit issued

pursuant to NRS 445B.100 to 445B.640 , inclusive, the Director may request that the Attorney General apply to the district court for an order

enjoining the act or practice, or for an order directing compliance with any provision of NRS 445B.100 to 445B.640 , inclusive, or any rule,

regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640 , inclusive.

2. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in or is about to engage in such

an act or practice, the control officer may request that the district attorney of the county in which the act or practice is being engaged in or is

about to be engaged in apply to the district court for such an order.

3. Upon a showing by the Director or the control of ficer that a person has engaged in or is about to engage in any such act or practice, a

permanent or temporary injunction, restraining order or other a ppropriate order may be granted by the court.

(Added to NRS by 1973, 1809; A 1993, 2854; 2001, 1295 ) 72FR11

01/03/2007

PROGRAM FOR CONTROL OF AIR POLL UTION

445B.500

(Supersedes

445. 546 ) Establishment and administration of program; contents of program; designation of air pollution control agency of county for

purposes of federal act; powers and duties of local air pollution control board; notice of pu blic hearings; delegation of authority to

determine violations and levy administrative penalties; cities and smaller counties; regulation of certain electric plants pr ohibited.

1. Except as otherwise provided in this section and in NRS 445B.310 :

(a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or

more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded. 77FR64737

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(b) The program:

(1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures

estab lished by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regula tion;

(2) May, in a county whose population is 700,000 or more, include requirements for the creation, receipt and excha nge for

consideration of credits to reduce and control air contaminants in accordance with NRS 445B.508 ; and

(3) Must provide for adequate administration, enforcemen t, financing and staff.

(c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency

of the county for the purposes of NRS 445B.100 to 445B.640 , inclusive , and the Federal Act insofar as it pertains to local programs, and that

agency is authorized to take all action n ecessary to secure for the county the benefits of the Federal Act.

(d) Powers and responsibilities provided for in NRS 445B.210

, 445B.240 to 445B.470

, inclusive, 445B.560

, 445B.570

, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities

within their jurisdiction.

2. The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings

must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a wee k for 3 weeks. The notice must

specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to

the ado ption of existing regulations upon transfer of authority as provided in NRS 445B.610

. 3. In a county whose population is 700,000 or more, the local air pollution control board may delegate to an independent hearing officer

or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS

445B.100 to 445B.450 , inclusive, and 445B.500 to 445B.640 , inclusive, or any regulation adopted pursuant to those sections. If such a

delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be admini stered by the

local air pollution control board to a maximum of $17,500 per year. The money in the account may only be used to defray the a dministrative

expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640 , inclusive. The

remainder of the penalty must be deposited in the county school district fu nd of the county where the violation occurred and must be

accounted for separately in the fund. A school district may spend the money received pursuant to this section only in accorda nce with an

annual spending plan that is approved by the local air pollut ion control board and shall submit an annual report to that board detailing the

expenditures of the school district under the plan. A local air pollution control board shall approve an annual spending plan if the proposed

expenditures set forth in the plan are reasonable and limited to:

(a) Programs of education on topics relating to air quality; and

(b) Projects to improve air quality, including, without limitation, the purchase and installation of equipment to retrofit sc hool buses of the

school district to use biodiesel, compressed natural gas or a similar fuel formulated to reduce emissions from the amount of emissio ns

produced by the use of traditional fuels such as gasoline and diesel fuel,

 which are consistent with the state implementation plan adopted by this State pursuant to 42 U.S.C. §§ 7410 and 7502.

4. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and

enforcement through cooperative or interlocal agreeme nt with one or more other counties, or through agreement with the State, or may

establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the ap proval of the

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Commission.

5. No district boar d of health, county board of health or board of county commissioners may adopt any regulation or establish a

compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which genera te electricity

by usin g steam produced by the burning of fossil fuel.

6. As used in this section, “plants which generate electricity by using steam produced by the burning of fossil fuel” means plan ts that

burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for

a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners.

(Added to NRS by 1971, 1199; A 1973, 1819; 1975, 1126, 1782; 1977, 1559 ; 1979, 546; 1985, 291; 1991, 2161; 1993, 175; 1997,

1999 ; 1999, 1976 ; 2001, 1296

, 1515 ; 2003, 44 ; 2007, 319 ; 2011, 1262 )

445B.503 Local air pollution control board in county whose population is 700,000 or more: Cooperation with regional planning coalition and

regional transportation commission; prerequisi tes to adoption or amendment of plan, policy or program.

1. In addition to the duties set forth in NRS 445B.500 , the local air pollution control board in a county whose p opulation is 700,000 or

more shall cooperate with the regional planning coalition and the regional transportation commission in the county in which i t is located to:

(a) Ensure that the plans, policies and programs adopted by each of them are consiste nt to the greatest extent practicable.

(b) Establish and carry out a program of integrated, long

- range planning that conserves the economic, financial and natural resources of

the region and supports a common vision of desired future conditions.

2. Before adopting or amending a plan, policy or program, a local air pollution control board shall:

(a) Consult with the regional planning coalition and the regional transportation commission; and

(b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

(1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional

transportation commission; and

(2) Plans for capital im provements that have been prepared pursuant to NRS 278.0226

. 3. As used in this section:

(a) “Local air pollution control board” means a board that establishes a prog ram for the control of air pollution pursuant to NRS

445B.500

. (b) “Regional planning coalition” has the meaning ascribed to it in NRS 278.0172

. (c) “Regional transportation commission” means a regional transportation commission created and organized in accordance with chapter

277A of NRS.

(Added to NRS by 1999, 1975 ; A 2011, 1264 ) 77FR64737

10/23/2012

445B.510

(Supersedes

445.551) Commission may require program for designated area.

1. If the Commission finds that:

(a) The location, character or extent of particular concentrations of population or sourc es of air contaminant;

(b) Geographic, topographic or meteorological considerations; or

(c) Any combination of these factors,

 makes impracticable the maintenance of appropriate levels of air quality without an areawide air pollution control program, i t shall after a 71FR51766

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public hearing define the area so affected.

2. If an areawide air pollution control program is not establis hed by cooperative or interlocal agreement within a time specified by the

Commission, the Commission shall establish such a program, which shall be a charge on the counties, and may supersede any loc al program

within the area.

(Added to NRS by 1971, 1200)

— (Substituted in revision for NRS 445.551)

445B.520

(Supersedes

445.556) Commission may establish or supersede county program.

1. If a county required to establish or participate in an air pollution control program fails to do so, or if the Commission believes that a

program previously approved is inadequate, it shall hold a public hearing. If it finds that an adequate program has not been adopted or that a

program has become inadequate, it shall fix a time within which n ecessary corrective measures are to be taken.

2. If the prescribed measures are not so taken, the Commission shall direct the Department to administer an adequate air polluti on

control program within the county, which shall be a charge on the county , and may supersede any existing county air pollution control

program.

(Added to NRS by 1971, 1200; A 1973, 1820)

— (Substituted in revision for NRS 445.556) 71FR51766

8/31/2006

445B.530

(Supersedes

445.561) Commission may assume jurisdiction over s pecific classes of air contaminants.

1. If the Commission finds that the control of a particular class of sources of air contaminant because of its complexity or mag nitude is

beyond the reasonable capability of one or more local air pollution contro l authorities, it may assume and retain jurisdiction over that class in

the county or counties so affected.

2. Sources may be classified for the purpose of this section on the basis of their nature or their size relative to the county i n which they

are located.

(Added to NRS by 1971, 1200)

— (Substituted in revision for NRS 445.561) 71FR51766

8/31/2006

445B.540

(Supersedes

445.566) Restoration of superseded local program; continuation of existing local program.

1. A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a local air pollution

control program if such program is approved as adequate by the Commission.

2. A district, county or city which has an air pollution con trol program in operation on July 1, 1971, may continue its program if within

1 year after July 1, 1971, the program is approved as adequate by the Commission. Such approval shall be deemed granted unles s the

Commission specifically disapproves the program after a public hearing. Nothing in NRS 445B.100 to 445B.640 , inclusive, is to be

construed as i nvalidating any rule, regulation, enforcement action, variance, permit, cease and desist order, compliance schedule, or any

other legal action taken by any existing air pollution control authority pursuant to former NRS 445.400 to 445.595, inclusive , on or before

July 1, 1971, unless it is specifically repealed, superseded or disapproved, pursuant to NRS 445B.215

. (Added to NRS by 1971, 1200)

— (Substituted in revision for N RS 445.566) 71FR51766

8/31/2006

MISCELLANEOUS PROVISIONS

445B.560

(Supersedes

445.571) Plan or procedure for emergency.

1. The Commission may provide by rules and regulations for alert, warning, and emergency standards and abatement procedures r elative

to air pollution episodes or emergencies constituting, or likely to constitute, an imminent and substantial danger to the hea lth of persons.

2. Any person responsible for the operation of a source of air contaminants which is designated by t he Director shall prepare and submit 71FR51766

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emergency plans for reducing or eliminating the emissions of air contaminants during such periods of air stagnation or air po llution episodes

or emergencies as may be declared by the Director. The emergency plans shall be subject to review and approval by the Director. If, in the

opinion of the Director, an emergency plan does not effectively carry out the objective of reducing or eliminating the emissi ons of air

contaminants during periods of air stagnation or air pollu tion episodes or emergencies, the Director shall disapprove it, state the reason for

disapproval, and order the preparation and submission of an amended emergency plan within the time period specified in the or der. If an

approvable emergency plan is not pr epared and submitted within the time period specified in the order, the Director shall issue an emergency

plan applicable to that person. Persons subject to the emergency plan shall obey the plan during periods of air stagnation or air pollution

episodes o r emergencies declared by the Director. The provisions of NRS 445B.360 with respect to appeals do not apply to this subsection.

3. Any other provisions of law to the con trary notwithstanding, if the Director finds that a generalized condition of air pollution exists or

that emissions from one or more air contaminant sources occur and that the condition or sources create, or are likely to create, an imminent

and substantia l danger to health requiring immediate action to protect human health and safety, the Director shall order persons causing or

contributing to the air pollution or responsible for the operation of the source to reduce or discontinue immediately the emi ssion of air

contaminants. Any person subject to the order may appeal directly to the district court or request a hearing before the Commi ssion.

4. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration.

(Added to NRS by 1971, 1201; A 1973, 1820)

— (Substituted in revision for NRS 445.571)

445B.570

(Supersedes

445.576) Confidentiality and use of information obtained by Department; penalty.

1. An y information which the Department obtains in the course of the performance of its duties pursuant to the provisions of this chapter

is public information unless otherwise designated as confidential information pursuant to the provisions of this section.

2. The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a

hazardous air pollutant by regulation of the Commission cannot be certified as being confidential.

3. Any confiden tial information received by the Commission, the Director or any local control authority which is certified in writing to

the recipient as confidential by the owner or operator disclosing the information and verified and approved in writing as con fidential by the

recipient must, unless the owner expressly agrees to its publication or availability to the public, be used only:

(a) In the administration or formulation of air pollution controls;

(b) In compiling or publishing analyses or summaries r elating to the condition of the outdoor atmosphere which do not identify any

owner or operator or reveal any confidential information; or

(c) In complying with federal statutes, rules and regulations.

4. This section does not prohibit the use of confidential information in a prosecution for the violation of any statute, ordinance or

regulation for the control of air pollution.

5. A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and is

liable in tort for any damages which may result from such disclosure or use.

6. As used in this section, “confidential information” means information or records which:

(a) Relate to dollar amounts of production or sales;

(b) Relate to processes or production unique to the owner or operator; or

(c) If disclosed, would tend to affect adversely the competitive position of the owner or operator. 72FR11

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(Added to NRS by 1971, 1201; A 1973, 1821; 1975, 1405; 1993, 2855 )

— (Substituted in revision for NRS 445.576)

445B.580

(Supersedes

445.581) Officer of Department may inspect or search premises; search warrant.

1. It is a condition of the issuance of any operating permit required by the Commissio n or pursuant to any local ordinance for the control

of air pollution that the holder of the operating permit agrees to permit inspection of the premises to which the permit rela tes by any

authorized officer of the Department at any time during the holder’ s hours of operation without prior notice. This condition must be stated

on each application form and operating permit.

2. If a source of air contaminant exists or is constructed or operated without an operating permit, such an officer may inspect i t at any

reasonable time, and may enter any premises to search for such a source. If entry is refused, or before attempting to enter, such an officer

may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if he believes fr om the supporting affidavit or

affidavits that there is probable cause to believe that a source of air contaminant exists or is being constructed or operate d on the premises to

be searched.

(Added to NRS by 1971, 1202; A 1973, 1822; 1993, 2855)

— (Subs tituted in revision for NRS 445.581) 72FR11

01/03/2007

445B.595

(Supersedes

445.586) Governmental sources of air contaminants to comply with state and local provisions regarding air pollution; permit to set fir e for

training purposes; planning and zoning agencies to consider effects on quality of air.

1. Except as otherwise provided by subsection 2, all governmental sources of air contaminants shall comply with all local and st ate air

pollution laws, regulations and ordinances.

2. A fire dep artment, county fire protection district, fire protection training academy or training center may, after obtaining a permit f or

a specific site, set a fire at that site for training purposes so long as the site is not within an area in which an air polluti on episode or

emergency constituting, or likely to constitute, an imminent and substantial danger to the health of persons exists. The perm it must be

obtained from:

(a) The county air pollution control agency, if one has been designated pursuant to NRS 445B.500 ; or

(b) The Director, if an agency has not been so designated.

3. All planning commissions, zoning boards of adjustment, and governing bodies of uninco rporated towns, incorporated cities and

counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to planning and zoning consider

the e ffects of possible air pollution and shall submit to the Department for evaluation a concise statement of the effects on air quality by

complex sources.

(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1989, 584)

— (Substituted in revision for NR S 445.586) 71FR51766

8/31/2006

445B.600

(Supersedes

445. 596 ) Private rights and remedies not affected

. NRS 445B.100 to 445B.595 , inclusive, does not abridge, limit, impair, create, enlarge or

otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to per sons or property

and to maintain any action or other appropriate proceeding therefor in the courts of this state or the courts of the United States on a tort

claim against the United States or a federal agency as authorized by federal statutes.

(Added to NRS by 1971, 1202; A 1985, 292)

— (Substituted in revision for NRS 445.596) 72FR11

01/03/2007

445B.610

(Supersedes

445. 598 ) Provisions for transition in administration.

1. All rules, regulations and standards promulgated by the State Commission of Environmental Protection per taining to air pollution

control in force on July 1, 1973, shall remain in effect until such time as revised by the State Environmental Commission pursuant to NRS 72FR11

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445B.100 to 445B.640 , inclusive.

2. Any and all action taken by the State Commission of Environmental Protection, including but not limited to existing orders, n otices of

violation, variances, permits, cease and desist orders and compliance schedules, shall remain in full force and effect and binding upon the

State Environmental Commission, the Director, the Department and all persons to whom such action may apply on or after July 1

, 1973.

3. In the event that a local air pollution control program described in NRS 445B.500 is transferred in whole or in part from an existing

air pollution control agen cy to another agency, all rules and regulations adopted by the existing agency may be readopted as amended to

reflect the transfer of authorities by the new agency immediately upon such transfer, and the provisions of NRS 445B.215 shall not apply to

such readoption.

4. If a transfer of local authority as described in subsection 3 occurs, all orders, notices of violation, variances, cease and desist orders,

compliance sche dules and other legal action taken by the existing air pollution control board, control officer, or hearing board shall remain

in full force and effect, and shall not be invalidated by reason of such transfer.

(Added to NRS by 1973, 1810)

— (Substitute d in revision for NRS 445.598)

PENALTIES

445B.640

(Supersedes

445.601) Levy and disposition of administrative fines; additional remedies available; penalty.

1. Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120 , inclusive, any person who violates any provision of

NRS 445B.100 to 445B.450 , inclusive, and 445B.470 to 445B.640 , inclusive, or any regulation in force pursuant thereto, other than NRS

445B.570 on co nfidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not mor e than $10,000 per day per offense. Each day of violation constitutes a separate offense.

2. The Commission shall by regulat ion establish a schedule of administrative fines not exceeding $500 for lesser violations of any

provision of NRS 445B.100 to 445B.450 , inclusive, and 445B.470 to 445B.640 , inclusive, or any r egulation in force pursuant thereto.

3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450 , inclusive, and

445B.470 to 445B.64 0 , inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450 , inclusive,

and 445B.470 to 445B.640 , inclusive, by injunction or other appropriate r emedy, and the Commission or the Director may institute and

maintain in the name of the State of Nevada any such enforcement proceedings.

4. Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imp osed is guilty of a

misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.

5. All administrative fines collected by the Commission pursuant to this section must be deposited in the county school dis trict fund of

the county where the violation occurred.

(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1977, 70; 1989, 736; 1993, 2856; 1997, 1080) 72FR 11

01/03/2007



### TITLE 43, CHAPTER 485

- MOTOR VEHICLES: INSURANCE AND FINANCIAL RESPONSIBIL ITY

GENERAL PROVISIONS

485.050 “Motor vehicle” defined. “Motor vehicle” means every self

- propelled vehicle which is designed for use upon a highway, including:

1. Trailers and semitrailers designed for use with such vehicles, except traction engi nes, road rollers, farm tractors, tractor cranes, power

shovels and well drillers; and 77FR 59321

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2. Every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

 The term does not include electric personal assis tive mobility devices as defined in NRS 482.029

. [1.3:127:1949; 1943 NCL § 4439.01c]

— (NRS A 2003, 1206 )



### TITLE 58, CHAPTER 704

- REGULATION OF PUBLIC UTILITIES GENERALLY

CONSTRUCTION OF UTILITY FACILITIES: UTILITY ENVIRONMENTAL PROTECTION ACT 2

704.820 Short title.

(Added to NRS by 1971, 554) 47FR15790

4/13/ 1982

704.825 Declaration of legislative findings and purpose.

(Added to NRS by 1971, 554) 47FR15790

4/13/1982

704.830 Definitions.

(Added to NRS by 1971, 554; A 1973, 1263) 47FR15790

4/13/1982

704.840 “ Commence to construct ” defined

.

(Added to NRS by 1971, 555) 47FR15790

4/13/1982

704.845 “ Local government ” defined

.

(Added to NRS by 1971, 555) 47FR15790

4/13/1982

704.850 “ Person ” defined

.

(Added to NRS by 1971, 555) 47FR15790

4/13/1982

704.855 “ Public Utility ,” “utility” defined.

(Added to NRS by 1971, 555; A 1973, 1035) 47FR15790

4/13/1982

704.860 “ Utility facility ” defined

.

(Added to NRS by 1971, 555; A 1979,671) 47FR15790

4/13/1982

704.865 Construction permit: Requirement; transfer; exceptions to requirement.

(Added to NRS by 1971, 555 ) 47FR15790

4/13/1982

704.870 Construction permit application: Form, contents; filing; service; public notice.

(Added to NRS by 1971, 556; A 1973, 1263 ) 47FR15790

4/13/1982

704.875 Review of application by state environmental commission.

(Added to NRS by 1971, 556; A 1973, 1264 ) 47FR15790

4/13/1982

704.880 Hearing on application for permit.

(Added to NRS by 1971, 556 ) 47FR15790

4/13/1982

704.885 Parties to permit proceeding; appearances; intervention.

(Added to NRS by 1971, 556; A 1973, 910, 1265 , 1837; 1977, 215) 47FR15790

4/13/1982

2 Text of statute not included for the Utility Environmental Protection Act or General Order No. 3.

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704.890 Grant or denial of application; required findings; service of copies of order.

(Added to NRS by 1971, 557) 47FR15790

4/13/1982

704.892 Grant, denial, conditioning of permit for plant for generation of elec trical energy for export.

(Added to NRS by 1973, 1035; A 1979, 693) 47FR15790

4/13/1982

704.895 Rearing; judicial review.

(Added to NRS by 1971, 558) 47FR15790

4/13/1982

704.900 Cooperation with United States, other states.

(Added to NRS by 1971, 55 8) 47FR15790

4/13/1982



### GENERAL ORDER NO. 3

- RULES OF PRACTICE AND PROCEDURE BEFORE THE PUBLIC SERVICE COMMISSION

Rule 25 Construction Permits

- Utility Environmental Protection Act. 47FR15790

4/13/1982