APPENDIX E

NEDADA ADMINISTRATIVE CODE ASIP UPDATE: 

PERMITTING PROVISIONS ONLY

Submitted January 24, 2011
January 2011 

 

This document is based on the November 2010 Legislative Counsel Bureau codification of NAC Chapter 445B with LCB File nos. 

R126-10 and T011-10 incorporated. 

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NEVADA ADMINISTRATIVE CODE (NAC) ASIP UPDATE:

PERMITTING PROVISIONS ONLY

1

Submitted January 24, 2011

EXPLANATION:

1. This document is based on the November 2010 Legislative Council Bureau codification of NAC Chapter 445B 

and incorporates amendments adopted after the November 2010 codification: R126-10, effective 12-16-2010 and 

T011-10, effective 1-11-2011.

2. The following sections are submitted in part: NAC 445B.287, 297, 308, 319, 325, 3361, 3375, 3395, 340, 342, 

3453 and 346.

NAC Chapter 445B.001-.3689 - Air Controls: Air Pollution 

Definitions

445B.003 “Adjacent properties” defined.

445B.0035 “Administrative revision to a Class I operating permit” defined.

445B.007 “Affected state” defined.

445B.013 “Allowable emissions” defined.

445B.014 “Alteration” defined.

445B.016 “Alternative operating scenarios” defined.

445B.019 “Applicable requirement” defined.

445B.035 “Class I-B application” defined.

445B.036 “Class I source” defined.

445B.037 “Class II source” defined.

445B.038 “Class III source” defined.

445B.044 “Construction” defined.

445B.046 “Contiguous property” defined.

445B.054 “Dispersion technique” defined.

445B.064 “Excessive concentration” defined.

445B.066 “Existing stationary source” defined.

445B.068 “Facility” defined.

445B.069 “Federally enforceable” defined.

445B.070 “Federally enforceable emissions cap” defined.

445B.082 “General permit” defined.

445B.083 “Good engineering practice stack height” defined.

445B.087 “Increment” defined.

445B.093 “Major modification” defined.

445B.094 “Major source” defined.

445B.0945 “Major stationary source” defined.

445B.099 “Modification” defined.

445B.104 “Motor vehicle” defined.

445B.107 “Nearby” defined.

445B.108 “New stationary source” defined.

445B.117 “Offset” defined.

445B.123 “Operating permit” defined.

445B.124 “Operating permit to construct” defined.

445B.1345 “Plantwide applicability limitation” defined.

445B.138 “Potential to emit” defined.

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

445B.147 “Program” defined.

445B.154 “Renewal of an operating permit” defined.

445B.156 “Responsible official” defined.

 

1 This is a resubmittal of those permitting provisions that were categorized as “non-separable” rules in EPA’s April 

16, 2008 Federal Register action (73 FR 20536) with the exception of NAC 445B. 179 and 445B.326.
January 2011 

 

This document is based on the November 2010 Legislative Counsel Bureau codification of NAC Chapter 445B with LCB File nos. 

R126-10 and T011-10 incorporated. 

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

445B.179 “Special mobile equipment” defined.

445B.187 “Stationary source” defined.

445B.194 “Temporary source” defined.

Operating Permits Generally

445B.287 Operating permits: General requirements; exception; restrictions on transfers.

445B.288 Operating permits: Exemptions from requirements; insignificant activities.

445B.295 Application: General requirements.

445B.297 Application: Submission; certification; additional information.

445B.298 Application: Official date of submittal.

445B.305 Operating permits: Imposition of more stringent standards for emissions.

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

implementation plan.

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

445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.

445B.313 Method for determining heat input: Class I sources.

445B.3135 Method for determining heat input: Class II sources.

445B.314 Method for determining heat input: Class III sources.

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

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

445B.319 Operating permits: Administrative amendment.

445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

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

Class I Operating Permits

445B.3361 General requirements.

445B.3363 Operating permit to construct: Application.

445B.33637 Operating permit to construct for approval of plantwide applicability limitation: Application.

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

445B.3365 Operating permit to construct: Contents; noncompliance with conditions.

445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance 

with conditions.

445B.3366 Expiration and extension of operating permit to construct; expiration and renewal of plantwide 

applicability limitation.

445B.3368 Additional requirements for application; exception.

445B.3375 Class I-B application: Filing requirement.

445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; 

expiration of permit.

445B.340 Prerequisites to issuance, revision or renewal of permit.

445B.342 Certain changes authorized without revision of permit; notification of authorized changes.

445B.3425 Minor revision of permit.

445B.344 Significant revision of permit.

445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.

445B.3443 Renewal of permit.

Class II Operating Permits

445B.3453 Application: General requirements.

445B.3457 Action by Director on application; notice; public comment and hearing; expiration of permit.

445B.346 Required contents of permit.

445B.3465 Application for revision.

445B.3473 Renewal of permit.

445B.3477 Class II general permit.

Class III Operating Permits
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R126-10 and T011-10 incorporated. 

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445B.3485 Application: General requirements.

445B.3487 Action by Director on application; expiration of permit.

445B.3489 Required contents of permit.

445B.3493 Application for revision.

445B.3497 Renewal of permit.

AIR POLLUTION 

Definitions

 NAC 445B.003 “Adjacent properties” defined. (NRS 445B.210) “Adjacent properties” means parcels of land 

that lie near each other or in close proximity.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4325)

 NAC 445B.0035 “Administrative revision to a Class I operating permit” defined. (NRS 445B.210) 

“Administrative revision to a Class I operating permit” means a revision of an existing Class I operating permit that 

incorporates the relevant conditions of an operating permit to construct.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

 NAC 445B.007 “Affected state” defined. (NRS 445B.210) “Affected state” means a state that is within 50 

miles of a Class I source located in this State, or a state that is contiguous to this State whose air quality may be 

affected by emissions from a Class I source located in this State.

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

445.4346)

 NAC 445B.013 “Allowable emissions” defined. (NRS 445B.210) “Allowable emissions” means the 

emissions from a stationary source at its designed maximum capacity or at its actual maximum capacity, whichever 

is greater, except as reduced by any federally enforceable limitations on its emissions which are established:

 1. By Nevada laws or regulations;

 2. By any applicable requirement; or

 3. By conditions of the stationary source’s operating permit, imposed on the emission rate, the type or amount of 

materials combusted or processed, the operating rates, the hours of operation, or any other factor limiting production 

or emission, whichever is most stringent.

 [Environmental Comm’n, Air Quality Reg. § 1.6.5, eff. 10-16-80]—(NAC A 10-22-87; 12-13-93; 10-30-95; 

R096-05, 10-31-2005)

 NAC 445B.014 “Alteration” defined. (NRS 445B.210) “Alteration” means any addition to, or enlargement, 

replacement, modification or change of the design, capacity, process, arrangement, operating hours or control 

apparatus that will affect the kind or amount of regulated air pollutants emitted.

 (Added to NAC by Environmental Comm’n, eff. 12-8-89; A 10-30-95)

 NAC 445B.016 “Alternative operating scenarios” defined. (NRS 445B.210) “Alternative operating 

scenarios” means two or more modes or types of operation specifically identified by a stationary source in its 

application and approved by the Director as a condition or as conditions of the source’s operating permit.

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

 NAC 445B.019 “Applicable requirement” defined. (NRS 445B.210) “Applicable requirement” means, as 

applied to a stationary source:

 1. Any standard or other relevant requirement:

 (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.3689, inclusive, except for 

the standards for ambient air established in NAC 445B.22097;

 (b) Provided in the applicable implementation plan approved or adopted by the EPA pursuant to 42 U.S.C. §§ 
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R126-10 and T011-10 incorporated. 

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7401 to 7515, inclusive;

 (c) For a hazardous air pollutant adopted pursuant to 42 U.S.C. § 7412, including any requirement regarding the 

prevention of accidental releases;

 (d) For a program to control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o, inclusive;

 (e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 

7661c(b);

 (f) For solid waste incineration units adopted pursuant to 42 U.S.C. § 7429;

 (g) For consumer and commercial products or tank vessels adopted pursuant to 42 U.S.C. § 7511b; and

 (h) For the protection of stratospheric ozone adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive, unless 

the Administrator determines that such provisions are not required in an operating permit;

 2. A new source performance standard adopted pursuant to 42 U.S.C. § 7411;

 3. Any term or condition of any permit issued pursuant to the requirements of 42 U.S.C. §§ 7401 to 7515, 

inclusive, including provisions regarding the prevention of significant deterioration of air quality and new source 

review; and

 4. Any national ambient air quality standard or requirement regarding increments or visibility adopted pursuant 

to 42 U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a temporary source for which the owner or 

operator has applied for and obtained an operating permit pursuant to NAC 445B.287 to 445B.3497, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; 

R040-10, eff. 7-22-2010)

 NAC 445B.035 “Class I-B application” defined. (NRS 445B.210) “Class I-B application” means an 

application for a Class I operating permit that is required for any new stationary source or significant modification to 

an existing stationary source which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)

 NAC 445B.036 “Class I source” defined. (NRS 445B.210) “Class I source” means any stationary source:

 1. Which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive;

 2. For which the owner or operator has proposed the construction of a major modification; or

 3. Which is a major stationary source.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R125-04, 9-24-

2004)

 NAC 445B.037 “Class II source” defined. (NRS 445B.210) “Class II source” means any stationary source 

which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive, but which is otherwise subject to 

the requirements of NAC 445B.001 to 445B.3689, inclusive. The term does not include a stationary source that is 

operating under a Class III operating permit issued pursuant to NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R040-01, 10-25-

2001; R040-1-, eff. 7-22-2010)

 NAC 445B.038 “Class III source” defined. (NRS 445B.210) “Class III source” means a stationary source 

which is subject to the requirements set forth in NAC 445B.001 to 445B.3689, inclusive, and:

 1. Which emits or has the potential to emit, individually or in combination, a total of not more than 5 tons per 

year of PM10, NOx, SO2, VOC and H2S;

 2. Which emits less than 1,000 pounds of lead per year;

 3. Which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive;

4. Which does not exceed 750 horsepower and is not subject to the requirements of 40 C.F.R. Part 60 except for:

(a) A stationary compression ignition internal combustion engine subject to Subpart IIII; or

 (b) A stationary spark ignition internal combustion engine subject to Subpart JJJJ;

 5. Which is not subject to the requirements of 40 C.F.R. Part 61;

 6. Which is not subject to the requirements of 40 C.F.R. Part 63, except for a stationary reciprocating internal 

combustion engine subject to Subpart ZZZZ and which does not exceed 750 horsepower;

 7. Which is not a temporary source;

 8. Which is not located at or a part of another stationary source;
January 2011 

 

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 9. Which does not operate a thermal unit that emits mercury, as defined in NAC 445B.3643; and

 10. Whose owner or operator:

 (a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63; or

 (b) Is not required to obtain an operating permit to operate the stationary source solely to comply with NAC 

445B.22037 relating to surface area disturbances.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R189-05, 5-4-2006; R142-07, 4-

17-2008; R076-08, 8-26-2008; R040-10, 7-22-2010)

 NAC 445B.044 “Construction” defined. (NRS 445B.210) “Construction” means any physical change or 

change in the method of operation of an emission unit, including, without limitation, the fabrication, erection, 

installation or modification of an emission unit.

 [Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 3-5-98; R096-05, 10-31-

2005)

 NAC 445B.046 “Contiguous property” defined. (NRS 445B.210) “Contiguous property” means any property 

under single or joint ownership or operatorship which is in physical contact, touching, near or adjoining. Public 

property or a public right-of-way shall not be deemed as a break in any otherwise contiguous property.

 [Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43, 12-4-76]—(Substituted in 

revision for NAC 445.479)

 NAC 445B.054 “Dispersion technique” defined. (NRS 445B.210)

 1. “Dispersion technique” means any technique that attempts to affect the concentration of a pollutant in the 

ambient air by:

 (a) Using that portion of a stack which exceeds good engineering practice stack height;

 (b) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of 

that pollutant; or 

 (c) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters or 

stack parameters, combining exhaust gases from several existing stacks into one stack or other selective handling of 

exhaust gas streams so as to increase the exhaust gas plume rise.

 2. The term does not include: 

 (a) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas 

to the temperature at which it was originally discharged from the facility generating the gas stream.

 (b) The merging of exhaust gas streams where:

 (1) The source owner or operator demonstrates that the facility was originally designed and constructed with 

such merged gas streams; 

 (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation 

of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion 

from the definition of “dispersion techniques” applies only to the emission limitation for the pollutant affected by 

such a change in operation; or 

 (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the 

installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where 

there was an increase in the emission limitation or, in the event that no emission limitation was in existence before 

the merging, an increase in the quantity of pollutants actually emitted before the merging, the Director shall presume 

that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a 

demonstration by the source owner or operator that merging was not significantly motivated by such an intent, the 

Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source. 

 (c) Smoke management in agricultural or silvicultural prescribed burning programs. 

 (d) Episodic restrictions on residential woodburning and open burning. 

 (e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

 NAC 445B.064 “Excessive concentration” defined. (NRS 445B.210) “Excessive concentration” means, for 
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the purpose of determining good engineering practice stack height:

 1. For sources seeking credit for stack height exceeding that established under paragraph (b) of subsection 1 of 

NAC 445B.083, a maximum ground-level concentration due to emissions from a stack due in whole or part to 

downwash, wakes and eddy effects produced by nearby structures or nearby terrain features which individually is at 

least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or 

eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an 

ambient air quality standard. For sources subject to 40 C.F.R. § 52.21, an excessive concentration alternatively 

means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, 

wakes or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 

percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy 

effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used 

in making demonstrations pursuant to NAC 445B.001 to 445B.3689, inclusive, must be prescribed by the new 

source performance standard that is applicable to the source category unless the owner or operator demonstrates that 

this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission 

rate must be established in consultation with the source owner or operator.

 2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights 

established under paragraph (b) of subsection 1 of NAC 445B.083, either:

 (a) A maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided 

in subsection 1, except that the emission rate specified by any applicable state limit or, in the absence of such a limit, 

the actual emission rate, must be used; or 

 (b) The actual presence of a local nuisance caused by the existing stack, as determined by the Director. 

 3. For sources seeking credit after January 12, 1979, for a stack height determined under paragraph (b) of 

subsection 1 of NAC 445B.083, where the Director requires the use of a field study or fluid model to verify good 

engineering practice stack height, for sources seeking stack height credit after November 9, 1984, based on the 

aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, 

based on the aerodynamic influence of structures not adequately represented by the equations in paragraph (b) of 

subsection 1 of NAC 445B.083, a maximum ground-level concentration due in whole or part to downwash, wakes 

or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such 

downwash, wakes or eddy effects.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

 NAC 445B.066 “Existing stationary source” defined. (NRS 445B.210) “Existing stationary source” means:

 1. For stationary sources subject to 42 U.S.C. § 7412, any stationary source other than a new stationary source.

 2. For all other stationary sources, a stationary source which was constructed, or for which the owner or operator 

submitted a complete application for an operating permit, before the effective date of the program.

 [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73, 12-4-76]—(NAC A 12-

13-93; 10-30-95)

 NAC 445B.068 “Facility” defined. (NRS 445B.210) “Facility” includes any groups of activities which emit 

regulated air pollutants, are located on one or more contiguous properties, and are owned, operated or controlled by 

the same person.

 [Environmental Comm’n, Air Quality Reg. § 1.64, eff. 5-7-80]—(NAC A 10-30-95)

 NAC 445B.069 “Federally enforceable” defined. (NRS 445B.210) “Federally enforceable” means all 

limitations and conditions which are enforceable by the Administrator pursuant to any provision of the Act, 40 

C.F.R. §§ 52.21, any requirements developed pursuant to the applicable state implementation plan and 40 C.F.R. §§ 

51.160 to 51.166, inclusive, 40 C.F.R. Parts 60, 61 and 63, or 40 C.F.R. Part 70, or by other persons pursuant to 42 

U.S.C. § 7604.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; R142-07, 4-17-

2008)—(Substituted in revision for NAC 445.5095)

 NAC 445B.070 “Federally enforceable emissions cap” defined. (NRS 445B.210) “Federally enforceable 

emissions cap” means a condition of an operating permit containing an emission limitation that the holder of the 
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operating permit requested and the Director approved and which is independent of any applicable requirement or 

requirements.

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

445.5105)

 NAC 445B.082 “General permit” defined. (NRS 445B.210) “General permit” means an operating permit 

issued by the Director to cover numerous similar stationary sources.

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

 NAC 445B.083 “Good engineering practice stack height” defined. (NRS 445B.210)

 1. “Good engineering practice stack height” means the stack height that is the greater of:

 (a) Two hundred thirteen feet, measured from the ground-level elevation at the base of the stack;

 (b) A height determined as follows:

 (1) For stacks that commenced construction on or before January 12, 1979, and for which the owner or 

operator had obtained all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 and NAC 

445B.001 to 445B.3689, inclusive, the height determined by use of the equation Hg = 2.5H, so long as the owner or 

operator produces evidence that this equation was actually relied on in establishing an emission limitation; and

 (2) For all other stacks, the height determined by use of the equation Hg = H + 1.5L, 

 except that the Director may require the use of a field study or fluid model to verify good engineering practice 

stack height for the source; or 

 (c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the 

emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric 

downwash, wakes or eddy effects created by the source itself, nearby structures or nearby terrain features.

 2. For the purposes of this section:

 Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the 

stack; 

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

 L = lesser dimension, height or projected width, of nearby structures.

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

 NAC 445B.087 “Increment” defined. (NRS 445B.210) “Increment” has the meaning ascribed to it in 40 

C.F.R. § 52.21, as adopted in NAC 445B.221.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5335)

 NAC 445B.093 “Major modification” defined. (NRS 445B.210) “Major modification” has the meaning 

ascribed to it in 40 C.F.R. § 52.21.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

 NAC 445B.094 “Major source” defined. (NRS 445B.210)

 1. Except as otherwise provided in subsection 3, “major source” means any stationary source that:

 (a) Is located on one or more contiguous or adjacent properties;

 (b) Is under the common control of the same person or persons;

 (c) Belongs to a single major industrial grouping as described in the Standard Industrial Classification Manual, 

as incorporated by reference in NAC 445B.221; and

 (d) Meets one of the following conditions:

 (1) Is located in a nonattainment area and is required to obtain an operating permit pursuant to 42 U.S.C. §§ 

7501 to 7515, inclusive;

 (2) Directly emits or has the potential to emit:

 (I) One hundred tons per year or more of any regulated air pollutant, excluding particulate matter more 

than 10 microns in diameter; or

 (II) Ten tons per year or more of a hazardous air pollutant or 25 tons per year or more of any combination 
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of hazardous air pollutants or a lesser quantity as established by the Commission; or

 (3) Is located in a particulate matter (PM10) “serious” nonattainment area and directly emits or has the 

potential to emit 70 tons per year or more of PM10.

 The Director shall consider fugitive emissions in determining whether a stationary source is major for any source 

category listed in 40 C.F.R. § 52.21(b)(1)(iii), as adopted by reference pursuant to NAC 445B.221, or whether a 

stationary source of a hazardous air pollutant is a major source. To determine whether a stationary source is a major 

source of hazardous air pollutants under 42 U.S.C. § 7412, emissions from any oil or gas exploration or production 

well, with its associated equipment, and emissions from any pipeline compressor or pump station must not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under 

common control.

 2. In determining whether a stationary source is a major source, the Director shall not consider the emissions 

from mobile sources subject to regulation under Title II of the federal Clean Air Act, 42 U.S.C. §§ 7521 to 7590, 

inclusive, or from nonroad engines.

 3. For the purposes of the program for the prevention of significant deterioration of air quality (PSD), the term 

“major source” is synonymous with the term “major stationary source” as that term is defined in 40 C.F.R. § 

52.21(b)(1), as adopted by reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; 5-3-

96; R105-97, 3-5-98; R117-00, 6-1-2001)

 NAC 445B.0945 “Major stationary source” defined. (NRS 445B.210) “Major stationary source” has the 

meaning ascribed to it in 40 C.F.R. § 52.21(b)(1).

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

 NAC 445B.099 “Modification” defined. (NRS 445B.210) “Modification” means any physical change in, or 

change in the method of operation of a stationary source which:

 1. Increases the amount of any regulated air pollutant, to which a standard applies, emitted into the atmosphere 

by that stationary source; or

 2. Results in the emission of any regulated air pollutants, to which a standard applies, into the atmosphere if the 

regulated air pollutants were not previously emitted.

 [Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as § 1.95, 5-7-80]—(NAC A 

10-30-95)

 NAC 445B.104 “Motor vehicle” defined. (NRS 445B.210) “Motor vehicle” has the meaning ascribed to it in 

NRS 485.050.

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

 NAC 445B.107 “Nearby” defined. (NRS 445B.210) “Nearby” means, as used in NAC 445B.064 and 

445B.083, with respect to a specific structure or terrain feature:

 1. For the purpose of using the equations set forth in paragraph (b) of subsection 1 of NAC 445B.083, that 

distance up to five times the lesser of the height or the width dimension of a structure, but not greater than one-half 

mile; and 

 2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of NAC 445B.083, not 

greater than one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls 

within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if the feature achieves a 

height one-half mile from the stack that is at least 40 percent of the good engineering practice stack height 

determined by using the equation set forth in subparagraph (2) of paragraph (b) of subsection 1 of NAC 445B.083 or 

85 feet, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the 

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

 (Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)

 NAC 445B.108 “New stationary source” defined. (NRS 445B.210) “New stationary source” means:

 1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary source for which the 

owner or operator commenced construction or reconstruction after the Administrator proposed regulations pursuant 
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to 42 U.S.C. § 7412 which established an emission standard applicable to the stationary source.

 2. For all other stationary sources, a stationary source or modification for which an owner or operator has not 

submitted a complete application for an operating permit before the effective date of the program.

 [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 12-4-76; A and 

renumbered as § 1.100, 5-7-80]—(NAC A 12-13-93; 10-30-95)

 NAC 445B.117 “Offset” defined. (NRS 445B.210) “Offset” means a reduction in emissions at an existing 

stationary source which is greater than a corresponding increase in emissions of the same regulated air pollutant at a 

new stationary source or a modification of a stationary source in the same nonattainment area.

 (Added to NAC by Environmental Comm’n, eff. 3-29-94; A 10-30-95)

 NAC 445B.123 “Operating permit” defined. (NRS 445B.210) “Operating permit” has the meaning ascribed 

to it in NRS 445B.145. Unless otherwise specifically stated, the term includes:

 1. A Class I, a Class II and a Class III operating permit;

 2. An operating permit to construct; and

 3. A mercury operating permit to construct, as defined in NAC 445B.3625.

 [Environmental Comm’n, Air Quality Reg. § 1.46, eff. 11-7-75; renumbered as § 1.122, 12-4-76]—(NAC A 12-

13-93; R040-01, 10-25-2001; R103-02, 12-17-2002; R189-05, 5-4-2006; R162-06, 9-18-2006; R040-10, eff. 7-22-

2010)

 NAC 445B.124 “Operating permit to construct” defined. (NRS 445B.210) “Operating permit to construct” 

means an operating permit signed and issued by the Director which:

 1. Authorizes the construction and an initial period of operation of a proposed new Class I stationary source or 

modification to an existing Class I stationary source;

 2. Includes the conditions which apply to the construction and the initial period of operation of the Class I 

stationary source or modification to an existing Class I stationary source; and

 3. Includes the requirement that the holder of the operating permit to construct submit a complete application for 

a Class I operating permit or for a modification of an existing Class I operating permit within 12 months after the 

date of the initial start-up of the new or modified Class I stationary source.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002)

 NAC 445B.1345 “Plantwide applicability limitation” defined. (NRS 445B.210) “Plantwide applicability 

limitation” means a plantwide applicability limitation as defined in 40 C.F.R. § 52.21(aa)(2)(v) that has been 

approved by the Director and authorized in an operating permit to construct pursuant to NAC 445B.001 to 

445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; R040-10, eff. 7-22-2010)

 NAC 445B.138 “Potential to emit” defined. (NRS 445B.210) “Potential to emit” means the maximum 

capacity of a stationary source to emit a regulated air pollutant under its physical and operational design. Any 

physical or operational limitation on the capacity of a stationary source to emit a regulated air pollutant, including 

equipment for the control of air pollution and any restrictions on the hours of operation of the stationary source or on 

the type or amount of material combusted, stored or processed, may be treated as part of its design for the purposes 

of determining its potential to emit if the limitation is federally enforceable [by the Director].

 [Environmental Comm’n, Air Quality Reg. part § 1.115.5, eff. 10-16-80]—(NAC A 12-13-93; 10-30-95; 5-3-96; 

R126-10, eff. 12-16-2010)

 NAC 445B.142 “Prevention of significant deterioration of air quality” defined. (NRS 445B.210) 

“Prevention of significant deterioration of air quality” has the meaning ascribed to it in 40 C.F.R. § 52.21.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5795)

 NAC 445B.147 “Program” defined. (NRS 445B.210) “Program” means the program for issuing operating 

permits to Class I sources which the Administrator has approved as complying with the requirements of 40 C.F.R. 

Part 70.
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 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 

445.5855)

 NAC 445B.154 “Renewal of an operating permit” defined. (NRS 445B.210) “Renewal of an operating 

permit” means the process by which a holder of an operating permit applies for and the Director reissues the 

operating permit at the end of its term.

 (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5915)

 NAC 445B.156 “Responsible official” defined. (NRS 445B.210) “Responsible official” means:

 1. For a corporation:

 (a) A president;

 (b) A vice president in charge of a principal business function;

 (c) A secretary;

 (d) A treasurer; or

 (e) An authorized representative of such a person who is responsible for the overall operation of the facility and 

who is designated in writing by an officer of the corporation and approved in advance by the Director.

 2. For a partnership or sole proprietorship, a general partner or the proprietor, respectively.

 3. For a municipality or a state, federal or other public agency, a ranking elected official or a principal executive 

officer, including, for a federal agency, a chief executive officer who has responsibility for the overall operations of 

a principal geographic unit of the agency.

 4. For an affected source, the designated representative or his alternate, as defined in 42 U.S.C. § 7651a (26).

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A by R162-06, 9-18-2006; R040-10, eff. 7-

22-2010)

 NAC 445B.157 “Revision of an operating permit” defined. (NRS 445B.210) “Revision of an operating 

permit” means any modification of, or any administrative amendment or administrative revision to, an operating 

permit.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A by R125-04, 9-24-2004)

 NAC 445B.179 “Special mobile equipment” defined. (NRS 445B.210) “Special mobile equipment” has the 

meaning ascribed to it in NRS 482.123.

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

[Deleted by R126-10, eff. 12-16-2010]

 NAC 445B.187 “Stationary source” defined. (NRS 445B.210)

 1. “Stationary source” means all buildings, structures, facilities and installations, including temporary sources, 

which:

 (a) Belong to the same major industrial groupings described in the Standard Industrial Classification Manual, as 

incorporated by reference in NAC 445B.221;

 (b) Are located on one or more contiguous or adjacent properties;

 (c) Are owned or operated by the same person or by persons under common control; and

 (d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive, or 

NAC 445B.001 to 445B.3689, inclusive.

 2. Contracted operations that support the primary operations of the stationary source are part of the stationary 

source, except that temporary construction activities, including, without limitation, the construction of emission 

units, are not part of the stationary source.

 3. The term does not include motor vehicles, [special mobile equipment,] nonroad engines and nonroad vehicles.

 [Environmental Comm’n, Air Quality Reg. § 1.182, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95; 

R105-97, 3-5-98; R117-00, 6-1-2001; R040-10, eff. 7-22-2010; R126-10, eff. 12-16-2010)

 NAC 445B.194 “Temporary source” defined. (NRS 445B.210) “Temporary source” means any building, 

structure, facility or installation which:

 1. Emits or may emit any regulated air pollutant;
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 2. May be moved from one location to another;

 3. Is located or operated in a location for a period of less than 12 months; and

 4. Is not an affected source.

 (Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R117-00, 6-1-2001)

Operating Permits Generally

 NAC 445B.287 Operating permits: General requirements; exception; restrictions on transfers. (NRS 

445B.210, 445B.300)

 1. Except as otherwise provided in subsection 2 and in NAC 445B.288, an operating permit, operating permit to 

construct or permit to construct is required for each stationary source and:

 (a) If a stationary source is a Class I source:

 (1) A revision of the operating permit or the permit to construct is required pursuant to the requirements of 

NAC 445B.3425, 445B.344 or 445B.3441 before the stationary source may be modified; or

 (2) A revision of the operating permit to construct is required pursuant to the requirements of paragraph (a) of 

subsection 1 of NAC 445B.3361 before the stationary source may be modified,

 as appropriate.

 (b) If a stationary source is a Class II source, a revision of the operating permit or the permit to construct is 

required pursuant to the requirements of NAC 445B.3465 before the stationary source may be modified.

 (c) If a stationary source is a Class III source, a revision of the operating permit is required pursuant to the 

requirements of NAC 445B.3493 before the stationary source may be modified.

 3. An operating permit, operating permit to construct or permit to construct may not be transferred from one 

owner or piece of equipment to another. An owner or operator may apply for an administrative amendment 

reflecting a change of ownership or the name of the stationary source for the effective time remaining on the original 

operating permit pursuant to NAC 445B.319.

 4. As used in this section:

 (a) “Permit to construct” means a document issued and signed by the Director before November 1, 1995, 

certifying that:

 (1) Adequate empirical data for a stationary source has been received and constitutes approval of location; or

 (2) All portions of NAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other provisions of NAC 

445B.001 to 445B.3689, inclusive, have been complied with and constitute approval of location and for 

construction.

 [Environmental Comm’n, Air Quality Reg. §§ 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; § 3.1.9, eff. 11-7-75; A 12-

4-76]—(NAC A 7-29-82; 10-22-87; 12-15-88; 12-13-93; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 

10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R189-05, 5-4-2006; R162-06, 9-18-2006; R040-10, eff. 7-

22-2010)

 NAC 445B.288 Operating permits: Exemptions from requirements; insignificant activities. (NRS 

445B.210, 445B.300)

1. The following categories of sources are not required to obtain an operating permit:

(a) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 

C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.

(b) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 

C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, section 61.145.

(c) Agricultural equipment used in the normal operation of a farm, other than agricultural equipment which is 

classified as, or located at, a source for which a permit is required under Title V of the Act or which is subject to any 

standard set forth in 40 C.F.R. Part 60 or 61.

2. The following emission units are considered to be insignificant activities unless the emission unit is otherwise 

subject to another specific applicable requirement, including, without limitation, any requirement or standard set 

forth in 40 C.F.R. Part 60, 61 or 63:

(a) Any equipment or other contrivance used exclusively for the processing of food for human consumption.

(b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour.

(c) An emission unit that has a maximum allowable throughput or batch load rate of less than 50 pounds per 
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hour, unless the emission unit directly emits, or has the potential to emit, a hazardous air pollutant.

(d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capacity of 

less than 40,000 gallons.

(e) Except as otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or fuel-burning 

equipment that, individually, has a rating which is:

(1) Less than 4,000,000 Btu’s per hour; or

(2) Equal to or greater than 4,000,000 Btu’s per hour if the equipment operates less than 100 hours per 

calendar year.

 (f) A portable internal combustion engine that has a rating for output which is:

(1) Less than 500 horsepower; or

(2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per calendar year.

 (g) A stationary internal combustion engine that has a rating for output which is:

(1) Less than 250 horsepower; or

(2) Equal to or greater than 250 horsepower if the engine operates less than 100 hours per calendar year.

(h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies 

as an insignificant activity pursuant to this paragraph only if the emergency generator is an internal combustion 

engine that is used to generate electrical power to maintain essential operations during unplanned electrical power 

outages. An emergency generator that is owned or operated by a stationary source and whose potential to emit is 

calculated on the basis of less than 500 hours of operation does not qualify as an insignificant activity.

 3. If an emission unit is considered an insignificant activity and is subject to a limitation on its hours of operation 

pursuant to subsection 2, the owner or operator of the emission unit shall maintain an operating log of the hours of 

operation of the emission unit. The operating log must be maintained at the site of the emission unit and made 

available to the Director upon his request. The owner or operator shall retain the operating log for not less than 5 

years.

 4. The Director may, upon written request and a satisfactory demonstration by an applicant, approve an emission 

unit as an insignificant activity if the emission unit is not otherwise subject to another specific applicable 

requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To 

be approved as an insignificant activity, an emission unit must meet the following criteria:

 (a) The operation of the emission unit, not considering controls or limits on production, type of materials 

processed, combusted or stored, or hours of operation, will not result in:

 (1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds per year, as 

appropriate;

 (2) Emissions of regulated air pollutants that exceed 4,000 pounds per year;

 (3) Emissions of regulated air pollutants that exceed any other limitation on emissions pursuant to any other 

applicable requirement; or

 (4) Emissions of regulated air pollutants that adversely impact public health or safety, or exceed any ambient 

air quality standards; and

 (b) The emissions from the emission unit are not relied on to avoid any other applicable requirements.

 If there are multiple emission units, the Director may, after considering the impact of the combined emissions of 

multiple emission units, determine whether to approve one or more of the specific emission units as an insignificant 

activity.

 5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities, as determined 

pursuant to this section, must be included in any determination of whether a stationary source is a major source.

 6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.3689, 

inclusive, for any emission unit determined to be an insignificant activity in accordance with this section, as long as 

the stationary source is not otherwise subject to any other requirement to obtain an operating permit under Title V of 

the Act. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any 

other requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the operation of the emission unit 

determined to be an insignificant activity.

 7. A stationary source which consists solely of insignificant activities as determined pursuant to this section and 

which is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act is not 

required to obtain an operating permit to operate as a stationary source. Such an exclusion from the requirements 

relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 
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445B.3689, inclusive, relating to the operation of the stationary source or any insignificant activity that is a part of 

the stationary source.

 8. The provisions of this section do not apply to a thermal unit that emits mercury.

 9. As used in this section, “thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643.

 [Environmental Comm’n, Air Quality Reg. § 3.1.8, eff. 11-7-75]—(NAC A 10-22-87; 12-8-89; 9-19-90; 11-23-

92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R117-00, 6-1-2001; R189-05, 5-4-2006; R142-07, 4-

17-2008)

 NAC 445B.295 Application: General requirements. (NRS 445B.210, 445B.300) Except as otherwise 

provided in NAC 445B.33637, an application for an operating permit must include:

 1. Information to identify the applicant, including the name and address of the company or the name and address 

of the plant if different from that of the company, the name of the owner of the company and his agent, and the name 

and telephone number of the manager of the plant or another appropriate person to contact;

 2. A description of the stationary source’s processes and products by Standard Industrial Classification Code, 

including any processes and products associated with an alternative operating scenario identified by the owner or 

operator;

 3. A description of the fuels, fuel use and raw materials to be used and the rates of production and operating 

schedules for each emission unit which is a part of the stationary source;

 4. An identification and a description of any equipment for the control of air pollution and any devices or 

activities for monitoring compliance with emission limitations;

 5. Limitations on the operation of the stationary source or any standards for work practices which affect 

emissions for all regulated air pollutants at the stationary source;

 6. An explanation of any proposed exemption from any applicable requirement;

 7. The location of any records that the applicant must keep pursuant to the requirements of the operating permit, 

if the records are kept at a location other than the emitting facility; and

 8. Other specific information that the Director determines is necessary to carry out, enforce and determine the 

applicability of all legal requirements.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 5-3-96; A by 

R117-00, 6-1-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R139-06, 9-18-2006)

 NAC 445B.297 Application: Submission; certification; additional information. (NRS 445B.210, 445B.300)

 1. An applicant for an operating permit must:

 (a) Submit an application to the Director on the appropriate form provided by the Director. A responsible official 

of the stationary source must certify that, based on information and belief formed after a reasonable inquiry, the 

statements in the application for the operating permit are true, accurate and complete.

 (b) Submit supplementary facts or corrected information upon discovery.

 (c) Provide any additional information, in writing, that the Director requests within the time specified in the 

Director’s request.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R125-04, 9-24-2004; R189-

05, 5-4-2006; R139-06, 9-18-2006)

 NAC 445B.298 Application: Official date of submittal. (NRS 445B.210, 445B.300) Except as otherwise 

provided in NAC 445B.3364, 445B.3395, 445B.3457, 445B.3487, or 445B.3683, the official date of submittal of an 

application for:

 1. An operating permit;

 2. An operating permit to construct;

 3. A revision of an existing operating permit; or

 4. A revision of an existing operating permit to construct,

 is the date on which the Director determines that the application is complete.

 [Environmental Comm’n, Air Quality Reg. §§ 3.1.4 & 3.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-

93; R105-97, 3-5-98; R198-03, 4-26-2004; R125-04, 9-24-2004; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

 NAC 445B.305 Operating permits: Imposition of more stringent standards for emissions. (NRS 445B.210, 
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445B.300) The Director may impose standards for emissions on a proposed stationary source that are more 

stringent than those found in NAC 445B.001 to 445B.3689, inclusive, as a condition of approving an operating 

permit for the proposed stationary source.

 (Added to NAC by Environmental Comm’n, eff. 9-19-90; A 12-13-93, eff. 11-15-94; 10-30-95; R040-10, eff. 7-

22-2010)

 NAC 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with 

applicable state implementation plan. (NRS 445B.210, 445B.300)

 1. In any area designated as attainment or unclassifiable for a regulated air pollutant, before an operating permit 

or a revision of an operating permit may be issued:

 (a) For a new or modified stationary source;

 (b) For a plantwide applicability limitation; or

 (c) To allow a plantwide applicability limitation to expire and not be renewed,

 in accordance with NAC 445B.308 to 445B.314, inclusive, the applicant must submit to the Director an 

environmental evaluation and any other information the Director determines is necessary to make an independent air 

quality impact assessment.

 2. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source 

if the environmental evaluation submitted by the applicant shows, or if the Director determines, in accordance with 

the provisions of this section, that the stationary source:

 (a) Will prevent the attainment and maintenance of the state or national ambient air quality standards. For the 

purposes of this paragraph, only those ambient air quality standards that have been established in NAC 445B.22097

need to be considered in the environmental evaluation.

 (b) Will cause a violation of the applicable state implementation plan.

 (c) Will cause a violation of any applicable requirement.

 3. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source 

if the Director determines, in accordance with subsection 3 of NAC 445B.311, that the degree of emission limitation 

required for control of an air pollutant under this section is affected by that amount of the stack height of any source 

as exceeds good engineering practice stack height, including a good engineering practice stack height demonstrated 

by a fluid model or a field study approved by the Director in accordance with paragraph (c) of subsection 1 of NAC 

445B.083, or any other dispersion technique.

 6. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major 

stationary source or major modification who proposes to construct in any area designated as attainment or 

unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as adopted by 

reference in NAC 445B.221.

 7. The Director may impose any reasonable conditions on his approval, including conditions requiring the owner 

or operator of the stationary source to:

 (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the 

commencement of construction or modification and for any specified period after operation has begun at the 

stationary source; and

 (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3689, 

inclusive.

 8. If a proposed stationary source located on contiguous property is constructed or modified in phases which 

individually are not subject to review as provided in NAC 445B.308 to 445B.314, inclusive, all phases occurring 

since November 7, 1975, must be added together for determining the applicability of those sections.

 9. Approval and issuance of an operating permit or a revision of an operating permit for any stationary source 

does not affect the responsibilities of the owner or owners to comply with any other portion of the applicable state 

implementation plan.

 [Environmental Comm’n, Air Quality Reg. § 13.1.1, eff. 11-7-75; A 8-28-79; § 13.1.3, eff. 11-7-75; A 8-28-79; 

2-28-80; §§ 13.1.4-13.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, 

eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-

06 & R151-06, 9-18-2006; R142-07, 4-17-2008)

 NAC 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption. (NRS 
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445B.210, 445B.300)

 1. An applicant for an operating permit, a revision to an operating permit or a request for a change of location, 

which is not subject to the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, must submit 

with the application an environmental evaluation for:

 (a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a regulated air 

pollutant per year;

 (b) A modification to an existing stationary source that meets the following criteria:

 (1) The existing stationary source has the potential to emit greater than 25 tons of a regulated air pollutant per 

year; and

 (2) The proposed modification has the potential to emit greater than 10 tons of a regulated air pollutant per 

year;

 (c) The approval of a plantwide applicability limitation or the approval to allow a plantwide applicability 

limitation to expire and not be renewed; or

 (d) Upon written notice from the Director, any other source or combination of sources.

 2. An owner or operator of a Class II source may request an exemption from the requirement to submit an 

environmental evaluation with the application. Within 30 days after receipt of a written request for an exemption, 

the Director shall grant or deny the request and notify the owner or operator in writing of his determination. If such 

an exemption is granted, the Director shall perform the environmental evaluation.

 [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75; A 12-15-77; renumbered as § 13.2, 8-28-79; § 

13.3.1, eff. 11-7-75; A 12-15-77; renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 11-7-75; A 12-15-77; renumbered as 

§ 13.2.2, 8-28-79; § 13.3.3, eff. 11-7-75; renumbered as § 13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff. 11-

15-94; A 10-30-95; R105-97, 3-5-98; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-06, 9-18-2006)

 NAC 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack 

height. (NRS 445B.210, 445B.300)

 1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 

445B.308 to 445B.314, inclusive, or as required by the Director must contain a careful and detailed assessment of 

the environmental aspects of the proposed stationary source and must also contain:

 (a) The name and address of the applicant;

 (b) The name, address and location of the stationary source;

 (c) A description of the proposed stationary source, including the normal hours of operation of the facility and the 

general types of activities to be performed;

 (d) A map showing the location of the stationary source and the topography of the area, including existing 

principal streets, roads and highways within 3 miles of the stationary source;

 (e) A site plan showing the location and height of buildings on the site;

 (f) Any additional information or documentation which the Director deems necessary to determine the effect of 

the stationary source on the quality of the ambient air, including measured data on the quality of the ambient air and 

meteorological conditions at the proposed site before construction or modification; and

 (g) A dispersion analysis of each regulated air pollutant.

 2. Where approval is sought for stationary sources to be constructed in phases, the information required by 

subsection 1 must be submitted for each phase of the construction project.

 3. An environmental evaluation must also consider good engineering practice stack height. If the Director 

considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified 

in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall:

 (a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of 

subsection 1 of NAC 445B.083; and 

 (b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements 

for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395.

 4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each 

regulated air pollutant must include:

 (a) A dispersion model based on the applicable models, bases and other requirements specified in the “Guideline 

on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, 

except that the Director may authorize the modification of a model specified in the “Guideline on Air Quality 
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Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director [determines] : 

 (1) Determines that the modification or use is appropriate; 

 (2) Obtains written approval of the modification or use from the Administrator; and 

 (3) Provides notice of and establishes a 30-day period for comment in accordance with the applicable 

provisions of NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477;

 (b) A narrative report describing:

 (1) If applicable, assumptions and premises used in the analysis, including, without limitation:

 (I) Model options chosen;

 (II) Urban versus rural selection;

 (III) Background concentrations;

 (IV) Characterization of emission sources as point, area or volume;

 (V) Emission discharge points; and

 (VI) Rate of emission from each emission unit; and

 (2) The geographic area considered in the analysis, including, without limitation, information concerning:

 (I) The nearest significant terrain features;

 (II) The receptor grid or grids; and

 (III) Restrictions on public access to the stationary source; and

 (c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted 

by reference in NAC 445B.221, which:

 (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by 

reference in NAC 445B.221:

 (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC

445B.308, and which covers a period of not less than 1 year;

 (II) Has been obtained from an off-site location representative of the proposed site and which covers a 

period of not less than 1 year;

 (III) Represents the worst-case meteorological conditions, as approved by the Director for synthetic data; 

or

 (IV) Has been obtained over the last 5 years at the nearest National Weather Service site; or

 (2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in 

NAC 445B.221, is representative of the source site location and source emissions and which covers a period of not 

less than 1 year.

 [Environmental Comm’n, Air Quality Reg. § 13.4.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1, 8-28-79; 

§ 13.4.1.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1.1, 8-28-79; § 13.4.1.4, eff. 11-7-75; renumbered as § 

13.3.1.2, 8-28-79]—(NAC A 10-30-95; R103-02, 12-17-2002; R096-05, 10-31-2005; R151-06, 9-18-2006; R126-

10, eff. 12-16-2010)

 NAC 445B.313 Method for determining heat input: Class I sources. (NRS 445B.210, 445B.300) For the 

purposes of determining the effects of Class I sources on the quality of ambient air and determining the applicability 

of a federally enforceable standard or requirement to an emission unit, the maximum heat input will be will be 

determined by : 

 1. Multiplying the maximum fuel rate as determined by the manufacturer by the total calorific value of the 

fuel as determined by using the appropriate method of ASTM International [.] ; or 

 2. An alternative method specified by the Director as a condition contained in the operating permit of the 

Class I source.

 [Environmental Comm’n, Air Quality Reg. § 13.3.4, eff. 12-15-77; renumbered as § 13.2.4, 8-28-79]—(NAC A 

9-19-90; 3-29-94, eff. 1-11-96; 10-30-95; R040-01, 10-25-2001; R103-02, 12-17-2002; R142-07, 4-17-2008; R126-

10, eff. 12-16-2010)

 NAC 445B.3135 Method for determining heat input: Class II sources. (NRS 445B.210, 445B.300) For the 

purposes of determining the effects of a Class II source on the quality of ambient air pursuant to NAC 445B.308, 

445B.310 and 445B.311, the heat input is the aggregate heat content of all combusted fuels, or the guaranteed 

maximum input of the manufacturer or designer of the equipment, whichever is greater. The total heat input of all 

fuel-burning units in a plant or on the premises must be used to determine the maximum amount of a regulated air 

pollutant which may be emitted.
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 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002)

 NAC 445B.314 Method for determining heat input: Class III sources. (NRS 445B.210, 445B.300) For the 

purposes of determining the effects of a Class III source on the quality of ambient air pursuant to NAC 445B.308, 

445B.310 and 445B.311, the heat input is the aggregate heat content of all combusted fuels, or the guaranteed 

maximum input of the manufacturer or designer of the equipment, whichever is greater. The total heat input of all 

fuel-burning units in a plant or on the premises must be used to determine the maximum amount of a regulated air 

pollutant which may be emitted.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002)

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

conditions. (NRS 445B.210, 445B.300)

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

operating permits to construct.

 2. The Director shall cite the legal authority for each condition contained in an operating permit.

 3. An operating permit must contain the following conditions:

 (a) The term of the operating permit is 5 years.

 (b) The holder of the operating permit shall retain records of all required monitoring data and supporting 

information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting 

information includes all records regarding calibration and maintenance of the monitoring equipment and all original 

strip-chart recordings for continuous monitoring instrumentation.

 (c) Each of the conditions and requirements of the operating permit is severable, and if any are held invalid, the 

remaining conditions and requirements continue in effect.

 (d) The holder of the operating permit shall comply with all conditions of the operating permit. Any 

noncompliance constitutes a violation and is a ground for:

 (1) An action for noncompliance;

 (2) Revising, revoking, reopening and revising, or terminating the operating permit by the Director; or

 (3) Denial of an application for a renewal of the operating permit by the Director.

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit is not a 

defense to noncompliance with any condition of the operating permit.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit for cause.

 (g) The operating permit does not convey any property rights or any exclusive privilege.

 (h) The holder of the operating permit shall provide the Director, in writing and within a reasonable time, with 

any information that the Director requests to determine whether cause exists for revising, revoking and reissuing, 

reopening and revising, or terminating the operating permit, or to determine compliance with the conditions of the 

operating permit.

 (i) The holder of the operating permit shall pay fees to the Director in accordance with the provisions set forth in 

NAC 445B.327 and 445B.331.

 (j) The holder of the operating permit shall allow the Director or any authorized representative, upon presentation 

of credentials, to:

 (1) Enter upon the premises of the holder of the operating permit where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the operating permit;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the 

conditions of the operating permit;

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit; and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the 

conditions of the operating permit or applicable requirements.

 (k) A responsible official of the stationary source shall certify that, based on information and belief formed after 

a reasonable inquiry, the statements made in any document required to be submitted by any condition of the 

operating permit are true, accurate and complete.
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 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; 

R103-02, 12-17-2002; R189-05, 5-4-2006)

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

posting. (NRS 445B.210, 445B.300)

 1. An operating permit is required for each new or existing stationary source.

 2. Application for the issuance of an operating permit or a replacement for a lost or damaged operating permit 

must be submitted in writing to the Director on the exact form provided by him.

 3. An operating permit must be granted if the Director finds from a stack emission test or other appropriate test 

and other relevant information that use of the stationary source will not result in any violation of the air quality 

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

445B.221.

 4. A denial of an application for an operating permit must be accompanied by a statement of the reasons for the 

denial, and, if the Director has relied in his decision upon information not contained in the application, the statement 

of reasons must identify and state the substance of such information.

 5. Operating permits must be posted conspicuously at or near the stationary source.

 [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11-7-75; § 3.4.7, eff. 

11-7-75; A 8-28-79]—(NAC A 10-22-87; 12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R189-05, 5-4-

2006; R151-06, 9-18-2006)

 NAC 445B.319 Operating permits: Administrative amendment. (NRS 445B.210, 445B.300)

 1. The holder of an operating permit may request or the Director may initiate an administrative amendment of an 

operating permit to:

 (a) Correct typographical errors;

 (b) Identify a change in the name, address or telephone number of any person identified in the operating permit, 

or provide a similar minor administrative change at the stationary source;

 (c) Require more frequent monitoring or reporting by the holder of the operating permit;

 (d) Add the serial numbers of specific pieces of equipment which were not available at the time of the issuance of 

or revision of the operating permit; or

 (e) Allow for a change in ownership or operational control of a stationary source if the Director determines that 

no other change in the operating permit is necessary. A person who requests an administrative amendment pursuant 

to this paragraph must submit to the Director a written agreement specifying a date for the transfer of responsibility 

for the operating permit and an agreement between the current and the new holder of the operating permit regarding 

insurance coverage and liability.

 2. A holder of an operating permit must request an administrative amendment on an application provided by the 

Director. The application must be accompanied by a fee in the amount specified in NAC 445B.327.

 3. The Director shall:

 (a) Issue or deny an application for an administrative amendment within 30 days after receipt of the application.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R105-

97, 3-5-98; R019-99, 9-27-99; R125-04, 9-24-2004)

 NAC 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and 

reissuance. (NRS 445B.210, 445B.300)

 2. An operating permit may be terminated, reopened and revised, revised, or revoked and reissued if:

 (a) The Director or the Administrator determines that the operating permit contains a material mistake or is based 

on inaccurate statements;

 (b) The Director or the Administrator determines that the operating permit, as written, does not ensure 

compliance with all applicable requirements; or

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

445B.3689, inclusive, any applicable requirement, or any condition contained in the operating permit.

 5. If the Director reopens an operating permit, he shall revise only those portions of the operating permit for 

which cause exists.

 6. The reopening of an operating permit pursuant to this section must comply with all of the relevant 
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requirements for the issuance or revision of a permit, including the requirements related to the content of the permit 

and the requirements for notice, public participation and comment, and a review by any affected states.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96; R105-97, 3-5-98; R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

 NAC 445B.326 Operating permits: Assertion of emergency as affirmative defense to action for 

noncompliance. (NRS 445B.210, 445B.300)

 1. A holder of an operating permit may assert an affirmative defense to an action brought for noncompliance 

with a technology-based emission limitation contained in the operating permit if the holder of the operating permit 

demonstrates through signed, contemporaneous operating logs or other relevant evidence, that:

 (a) An emergency occurred and the holder of the operating permit can identify the cause of the emergency;

 (b) The facility was being properly operated at the time of the emergency;

 (c) During the emergency, the holder of the operating permit took all reasonable steps to minimize excess 

emissions; and

 (d) The holder of the operating permit submitted notice of the emergency to the Director within 2 working days 

after the emergency. The notice must contain a description of the emergency, any steps taken to mitigate emissions, 

and any corrective actions taken to restore the normal operation of the facility.

 2. In any action for noncompliance, the holder of an operating permit who asserts the affirmative defense of an 

emergency has the burden of proof.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)—(Substituted in 

revision for NAC 445.7133)

 NAC 445B.331 Request for change of location of emission unit. (NRS 445B.210, 445B.300) A request for a 

change of the location of an emission unit must be made in writing to the Director and submitted with the fee for 

each operating permit at least 10 days before each change of location. An owner or operator must not operate the 

emission unit at the new location until the Director approves the location.

 (Added to NAC by Environmental Comm’n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93; 12-13-93, eff. 7-1-

94; 10-30-95; 5-3-96; R019-99, 9-27-99; R117-00, 6-1-2001; R103-02, 12-17-2002; R151-06, 9-18-2006)

Class I Operating Permits

 NAC 445B.3361 General requirements. (NRS 445B.210, 445B.300)

 1. To establish a new Class I stationary source or modify an existing Class I stationary source, the owner or 

operator of a proposed new Class I stationary source or the existing Class I stationary source must:

 (a) Apply for and obtain a new or revised:

 (1) Operating permit to construct pursuant to NAC 445B.001 to 445B.3689, inclusive; or

 (2) Class I operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive;

 2. To establish a plantwide applicability limitation, the owner or operator of a Class I stationary source must 

apply for and obtain a Class I operating permit to construct for the approval of the plantwide applicability limitation 

pursuant to NAC 445B.001 to 445B.3689, inclusive. To revise or renew a Class I operating permit to construct for 

the approval of a plantwide applicability limitation, the owner or operator of a Class I stationary source must apply 

for and obtain a revised or renewed Class I operating permit to construct for the approval of a plantwide 

applicability limitation pursuant to NAC 445B.001 to 445B.3689, inclusive.

 3. Except as otherwise provided in subsection 5, if an owner or operator obtains an operating permit to construct, 

the owner or operator is not required to obtain an operating permit or revised operating permit before commencing 

initial construction, start-up and operation of the proposed new Class I stationary source or the modification to the 

existing Class I stationary source.

 4. Except as otherwise provided in this subsection and subsections 5 and 6, if an owner or operator has a valid 

operating permit to construct, the owner or operator may continue to operate a new Class I stationary source or 

modifications to an existing Class I stationary source under that operating permit to construct if the owner or 

operator submits a complete application for a Class I operating permit within 12 months after the date of initial startup of the new Class I stationary source or modifications to the existing Class I stationary source. The provisions of 

this subsection do not apply to a Class I operating permit to construct for the approval of a plantwide applicability 
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limitation.

 5. If the conditions of an existing Class I operating permit would prohibit the construction or change in operation 

of the existing Class I stationary source and the owner or operator is not seeking to revise the Class I operating 

permit at the Class I stationary source pursuant to subparagraph (2) of paragraph (a) of subsection 1, the owner or 

operator must concurrently:

 (a) For the construction or change in operation of the existing Class I stationary source:

 (1) Obtain a Class I operating permit to construct; or

 (2) If the construction or change in operation involves mercury emissions from a thermal unit that emits 

mercury, obtain a mercury operating permit to construct pursuant to NAC 445B.3611 to 445B.3689, inclusive; and

 (b) Obtain an administrative revision to an operating permit to incorporate the conditions of the Class I operating 

permit to construct into the existing Class I operating permit pursuant to NAC 445B.3441 before commencing with 

the construction or change in operation of the existing Class I stationary source.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R189-05, 

5-4-2006; R139-06 & R162-06, 9-18-2006; R040-10, eff. 7-22-2010)

 NAC 445B.3363 Operating permit to construct: Application. (NRS 445B.210, 445B.300)

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

445B.295, an application for a Class I operating permit to construct or for a revision of a Class I operating permit to 

construct must include:

 (a) Descriptions of all emissions of any regulated pollutants for which the source is defined as a major source.

 (b) A description of all emissions of regulated air pollutants from all emission units.

 (c) An identification and a description of all points of emissions and all activities which may generate emissions 

of the regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basis for the 

applicability of standards and fees.

 (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an 

applicable requirement. The emission rates must be described in tons per year and in such terms as are necessary to 

establish compliance using the applicable standard reference test method.

 (e) Any other information required by any applicable requirement.

 (f) The calculations on which the information described in this subsection are based.

 (g) Citations to and a description of all applicable requirements.

 (h) A reference to any applicable test method used for determining compliance with each applicable requirement.

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

subsection 1, an application for a Class I operating permit to construct must contain:

 (a) For a proposed new major stationary source, a proposed major modification to an existing stationary source or 

a major modification at an existing major stationary source:

 (1) All information required pursuant to 40 C.F.R. § 52.21;

 (2) A description of all emissions of each regulated pollutant:

 (I) For which the source is a major stationary source; or

 (II) That will, because of the major modification, result in a significant emissions increase or a significant 

net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

 (3) A description of all emissions of each regulated pollutant associated with the major modification;

 (4) A description of each hydrographic area that may be triggered for increment consumption; and

 (5) Any other information that the Director determines is necessary to process the application.

 (b) For a proposed new major source or a proposed modification which is not a major modification:

 (1) All information required by NAC 445B.308 to 445B.311, inclusive;

 (2) Any other information that the Director determines is necessary to process the application; and

 (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 

7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503.

 (c) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive:

 (1) All information required by 40 C.F.R. § 63.43(e); and

 (2) Any other information that the Director determines is necessary to process the application.

 (d) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive:

 (1) All information required by 40 C.F.R. § 63.53; and
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 (2) Any other information that the Director determines is necessary to process the application.

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

subsections 1 and 2, an application for a Class I operating permit to construct for a modification at an existing major 

stationary source that is not a major modification must contain:

 (a) All applicable information required to determine whether the project or modification will result in a 

significant emissions increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

 (b) A description of the project or modification, including all emission units;

 (c) A description of the applicable procedures used to determine that the project or modification is not a major 

modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

 (d) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. § 

52.21(a)(2), including detailed information for expected and highest projections of any business activities in 

accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a);

 (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

 (f) Detailed information used to demonstrate that emissions increases associated with any increased utilization 

that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed 

project or modification, including any increased utilization due to product demand growth, in accordance with 40 

C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of paragraphs (d), (e) and (f), the application must contain information on the potential of the unit to emit 

in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).

 4. Except for a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, 

or 40 C.F.R. §§ 63.50 to 63.56, inclusive, in addition to the information required pursuant to subsections 1, 2 and 3, 

an application for an operating permit to construct must include an environmental evaluation pursuant to NAC 

445B.308, 445B.310 and 445B.311.

 5. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21, as adopted by reference in 

NAC 445B.221.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R139-06 & 

R151-06, 9-18-2006; A by R147-09, eff. 1-28-2010)

 NAC 445B.33637 Operating permit to construct for approval of plantwide applicability limitation: 

Application. (NRS 445B.210, 445B.300)

 1. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application for a Class I 

operating permit to construct for the approval of a plantwide applicability limitation for a major stationary source 

must contain:

 (a) All the information required pursuant to 40 C.F.R. § 52.21(aa)(3) and all the information necessary to 

establish the plantwide applicability limitation in accordance with the requirements of 40 C.F.R. § 52.21(aa)(4);

 (b) A description of each pollutant for which the owner or operator is requesting a plantwide applicability 

limitation;

 (c) For each pollutant described in paragraph (b), the proposed plantwide applicability limitation for the entire 

major stationary source;

 (d) A monitoring plan that will be used to make an accurate determination of the plantwide emissions subject to 

the plantwide applicability limitation as specified in 40 C.F.R. § 52.21(aa)(12). The monitoring plan must identify, 

without limitation:

 (1) The monitoring approach proposed for each emission unit;

 (2) The minimum performance requirements of each such approach;

 (3) The basis for any emissions factors proposed; and

 (4) Any emission unit for which the owner or operator cannot demonstrate a correlation between the 

monitored parameters and the plantwide applicability limitation at all operating points;

 (e) If the owner or operator cannot demonstrate a correlation between the monitored parameters and the 

plantwide applicability limitation at all operating points as identified in paragraph (d) and the owner or operator 

requests to establish default values for determining compliance with the plantwide applicability limitation, any 

proposed default values to be used for determining compliance with the plantwide applicability limitation based on 

the highest potential emissions potentially operated for each emission unit;

 (f) A description of the calculation procedures that the source will use to convert monitored data into monthly 
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emissions on a 12-month rolling period;

 (g) A description of any emission units that were permanently shut down after the baseline actual emissions 

period and the associated emissions;

 (h) A description of any emission units for which construction began after the baseline actual emissions period 

and the associated emissions; and

 (i) Any other requirements or information that the Director determines is necessary to implement and enforce the 

plantwide applicability limitation.

 2. An application for a Class I operating permit to construct to allow a plantwide applicability limitation to 

expire and not be renewed must contain:

 (a) A description of the proposed distribution of the emissions allowed by the plantwide applicability limitation 

for each emission unit or group of emission units at the major stationary source; and

 (b) A description of the proposed methods for complying with the distribution of the allowable emissions 

provided in paragraph (a).

 3. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit 

to construct for the renewal of a plantwide applicability limitation must contain the information required pursuant to 

40 C.F.R. § 52.21(aa)(10) for each plantwide applicability limitation pollutant.

 4. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit 

to construct for increasing a plantwide applicability limitation must contain all the information required pursuant to

40 C.F.R. § 52.21(aa)(11).

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

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

comment and hearing. (NRS 445B.210, 445B.300)

 1. Except for sources that are subject to the permitting requirements set forth in 40 C.F.R. § 52.21 or sources 

subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive,

within 45 days after the date of receipt of an application for a Class I operating permit to construct or for the revision 

of a Class I operating permit to construct, the Director shall determine if the application is complete. If substantial 

additional information is required, the Director shall determine that the application is incomplete and return the 

application to the applicant. If substantial additional information is not required, the Director shall determine the 

application to be complete. Unless the Director determines that the application is incomplete within 45 days after the 

date of receipt of the application, the official date of submittal of the application shall be deemed to be the date on 

which the Director determines that the application is complete or the 46th day after the date of receipt, whichever is 

earlier. Within 90 days after the official date of submittal, the Director shall make a preliminary determination to 

issue or deny a Class I operating permit to construct or a revision of a Class I operating permit to construct.

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date 

of receipt of an application for a Class I operating permit to construct or for the revision of a Class I operating 

permit to construct, the Director shall determine whether the application contains adequate information to process 

the application. The official date of submittal of the application shall be deemed to be 31 days after the date of 

receipt, unless the Director determines before that date that substantial additional information is required. If the 

Director determines that substantial additional information is required, the Director shall return the application to the 

applicant. The Director shall require the applicant to submit a new application, or the applicant may formally 

withdraw the application. Within 180 days after the official date of submittal, the Director shall make a preliminary 

determination to issue or deny an operating permit to construct or a revision of an operating permit to construct. For 

the purposes of 40 C.F.R. § 52.21, the application shall be deemed to be complete on the date that the Director 

makes the preliminary determination to issue or deny a Class I operating permit to construct or a revision of an 

operating permit to construct.

 3. For sources subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 

63.56, inclusive, within 30 days after the date of receipt of an application for a Class I operating permit to construct 

or for the revision of a Class I operating permit to construct, the Director shall determine whether the application is 

complete. If substantial additional information is required, the Director shall determine that the application is 

incomplete and return the application to the applicant. If substantial additional information is not required, the 

Director shall determine the application to be complete. Unless the Director determines that the application is 

incomplete within 30 days after the date of receipt of the application, the official date of submittal of the application 

shall be deemed to be the date on which the Director determines that the application is complete or the 31st day after 
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the date of receipt, whichever is earlier. Within 180 days after the official date of submittal, the Director shall make 

a preliminary determination to issue or deny the Class I operating permit to construct or the revision of the Class I 

operating permit to construct.

 4. For the submittal of an application for a Class I operating permit to construct for the approval of a plantwide 

applicability limitation, within 30 days after the date of receipt of such an application, the Director shall determine if 

the application is complete. If substantial additional information is required, the Director shall determine that the 

application is incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine the application to be complete. Unless the Director determines that the 

application is incomplete within 30 days after the date of receipt of the application, the official date of submittal of 

the application shall be deemed to be the date on which the Director determines that the application is complete or 

the 31st day after the date of receipt, whichever is earlier. Within 120 days after the official date of submittal, the 

Director shall make a preliminary determination to issue or deny the Class I operating permit to construct for the 

approval of a plantwide applicability limitation.

 5. If, after the official date of submittal, the Director discovers that additional information is required to act on an 

application, the Director may request additional information necessary to determine whether the proposed operation 

will comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must 

provide in writing any additional information that the Director requests within the time specified in the request of 

the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the 

action of the Director on the application submitted to the Director.

 6. The Director’s review and preliminary intent to issue or deny an operating permit to construct or a revision of 

an operating permit to construct and the proposed conditions for the operating permit to construct must be made 

public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 

4001, Carson City, Nevada 89701-5249 and in the air quality region where the source is located for 30 days to 

enable public and EPA participation and comment.

 7. The Director shall:

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which 

the stationary source is located or in a state publication designed to give general public notice;

 (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who 

request in writing to be included on the list;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public;

 (d) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to construct and the 

proposed operating permit to construct to the Administrator;

 (e) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit to construct to each 

affected local air pollution control agency;

 (f) Establish a 30-day period for comment from the public and the EPA; and

 (g) If the application is for an administrative revision to a Class I operating permit, provide written notice to each 

affected state.

 8. In addition to the requirements set forth in subsection 7, the notice required for a Class I operating permit to 

construct or for a revision of a Class I operating permit to construct must:

 (a) Identify the affected facility and the name and address of the applicant;

 (b) Identify the name and address of the authority processing the Class I operating permit to construct;

 (c) Identify the activity or activities involved in the Class I operating permit to construct and the change of 

emissions involved in any revision of the Class I operating permit to construct;

 (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;

 (e) Include the name, address and telephone number of a person from whom interested persons may obtain 

additional information, including copies of the proposed conditions for the Class I operating permit to construct, the 

application, all relevant supporting materials and all other materials which are available to the authority that is 

processing the Class I operating permit to construct and which are relevant to the determination of the issuance of 

the Class I operating permit to construct;

 (f) Include a brief description of the procedures for public comment and the time and place of any hearing that 

may be held, including a statement of the procedures to request a hearing; and

 (g) If applicable, include a description of any revisions to a Class I operating permit resulting from an 

administrative revision to the Class I operating permit.

 9. All comments concerning the Director’s review and the preliminary intent for the issuance or denial of a Class 
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I operating permit to construct or of a revision of a Class I operating permit to construct must be submitted in 

writing to the Director within 30 days after the public announcement. The Director shall give notice of any public 

hearing at least 30 days before the date of the hearing. The Director shall keep a record of the names of any persons 

who made comments and of the issues raised during the process for public participation.

10. Except as otherwise provided in subsections 11 to 14, inclusive, within 180 days after the official date of 

submittal of an application for an operating permit to construct or for the revision of an operating permit to 

construct, the Director shall issue or deny the new Class I operating permit to construct or the new revision of a 

Class I operating permit to construct. The Director shall make his decision by taking into account:

(a) Written comments from the public;

(b) Comments made during public hearings concerning the application and the Director’s preliminary 

determination for issuance or denial;

(c) Information submitted by proponents of the project; and

(d) The effect of such a facility on the maintenance of the state and national ambient air quality standards 

contained in NAC 445B.22097 and the applicable state implementation plan.

 11. Except as otherwise provided in subsection 12, for sources subject to the permitting requirements set forth in 

40 C.F.R. § 52.21, within 12 months after the official date of submittal of an application for an operating permit to 

construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I 

operating permit to construct or the new revision of a Class I operating permit to construct.

 12. The Director shall issue or deny a Class I operating permit to construct for the approval of a plantwide 

applicability limitation within 30 days after the close of the period for public participation or 30 days after the 

hearing, if a hearing is scheduled pursuant to this section, whichever occurs later.

 13. For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 

C.F.R. §§ 63.50 to 63.56, inclusive, within 12 months after the official date of submittal of an application for an

operating permit to construct or for the revision of an operating permit to construct, the Director shall issue or deny 

the new Class I operating permit to construct or the new revision of a Class I operating permit to construct.

 14. The Director shall not issue an administrative revision to a Class I operating permit if the Administrator 

objects to the issuance of the administrative revision in writing within 45 days after the Administrator’s receipt of 

the proposed revision conditions for the Class I operating permit and the necessary supporting information.

 15. Any person may petition the Administrator to request that the Administrator object to the issuance of an 

administrative revision to a Class I operating permit as provided in 40 C.F.R. § 70.8(d).

 16. If, on his own or pursuant to a request by a person pursuant to subsection 15, the Administrator objects to the 

issuance of an administrative revision to a Class I operating permit, the Director shall submit revised proposed 

conditions for the Class I operating permit in response to the objection within 90 days after the date on which he is 

notified of the objection.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R125-04, 

9-24-2004; R139-06 & R151-06, 9-18-2006; R142-07, 4-17-08; R147-09, 1-28-2010)

 NAC 445B.3365 Operating permit to construct: Contents; noncompliance with conditions. (NRS 

445B.210, 445B.300) Except as otherwise provided in NAC 445B.33656:

 1. The Director shall cite the legal authority for each condition contained in an operating permit to construct.

 2. An operating permit to construct must contain the following conditions:

 (a) The expiration date of the operating permit to construct must be defined as described in NAC 445B.3366.

 (b) The holder of the operating permit to construct shall retain records of all required monitoring data and 

supporting information for 5 years after the date of the sample collection, measurement, report or analysis. 

Supporting information includes, without limitation, all records regarding calibration and maintenance of the 

monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation.

 (c) Each of the conditions and requirements of the operating permit to construct is severable, and if any is held 

invalid, the remaining conditions and requirements continue in effect.

 (d) The holder of the operating permit to construct shall comply with all conditions of the operating permit to 

construct. Any noncompliance constitutes a violation and is a ground for:

 (1) An action for noncompliance;

 (2) The revoking and reissuing, or the terminating, of the operating permit to construct by the Director; or 

 (3) The reopening or revising of the operating permit to construct by the holder of the operating permit to 
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construct as directed by the Director.

 (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit to 

construct is not a defense to noncompliance with any condition of the operating permit to construct.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit to construct 

for cause.

 (g) The operating permit to construct does not convey any property rights or any exclusive privilege.

 (h) The holder of the operating permit to construct shall provide the Director, in writing and within a reasonable 

time, with any information that the Director requests to determine whether cause exists for revoking or terminating 

the operating permit to construct, or to determine compliance with the conditions of the operating permit to 

construct.

 (i) The holder of the operating permit to construct shall allow the Director or any authorized representative of the 

Director, upon presentation of credentials, to:

 (1) Enter upon the premises of the holder of the operating permit to construct where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the operating permit to construct;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the 

conditions of the operating permit to construct;

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit to construct; 

and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the 

conditions of the operating permit to construct or applicable requirements.

 (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a 

reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating 

permit to construct are true, accurate and complete.

 3. An operating permit to construct must contain:

 (a) All applicable requirements, emission limits and standards;

 (b) Monitoring methods adequate to show compliance;

 (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and

 (d) Any other requirements deemed necessary by the Director.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R189-05, 

5-4-2006; R139-06, 9-18-2006)

 NAC 445B.33656 Operating permit to construct for approval of plantwide applicability limitation: 

Contents; noncompliance with conditions. (NRS 445B.210, 445B.300)

 1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to 

construct for the approval of a plantwide applicability limitation.

 2. A Class I operating permit to construct for the approval of a plantwide applicability limitation must contain 

the following conditions:

 (a) The expiration date of the Class I operating permit to construct must be determined in accordance with 

subsection 5 of NAC 445B.3366.

 (b) The holder of the Class I operating permit to construct shall retain records pursuant to 40 C.F.R. § 

52.21(aa)(13).

 (c) Each of the conditions and requirements of the Class I operating permit to construct is severable, and if any is 

held invalid, the remaining conditions and requirements continue in effect.

 (d) The holder of the Class I operating permit to construct shall comply with all conditions of the Class I 

operating permit to construct. Any noncompliance constitutes a violation and is a ground for:

 (1) An action for noncompliance;

 (2) The revoking and reissuing, or the terminating, of the Class I operating permit to construct by the Director; 

or 

 (3) The reopening or revising of the Class I operating permit to construct by the holder of the Class I operating 

permit to construct as directed by the Director.
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 (e) The need to halt or reduce activity to maintain compliance with the conditions of the Class I operating permit 

to construct is not a defense to noncompliance with any condition of the Class I operating permit to construct.

 (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I operating permit to 

construct for cause.

 (g) The Class I operating permit to construct does not convey any property right or exclusive privilege.

 (h) The holder of the Class I operating permit to construct shall provide the Director, in writing and within a 

reasonable time, with any information that the Director requests to determine whether cause exists for revoking or 

terminating the Class I operating permit to construct, or to determine compliance with the conditions of the Class I 

operating permit to construct.

 (i) The holder of the Class I operating permit to construct shall allow the Director or any authorized 

representative of the Director, upon presentation of credentials, to:

 (1) Enter upon the premises of the holder of the Class I operating permit to construct where:

 (I) The stationary source is located;

 (II) Activity related to emissions is conducted; or

 (III) Records are kept pursuant to the conditions of the Class I operating permit to construct;

 (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the 

conditions of the Class I operating permit to construct;

 (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for 

monitoring or controlling air pollution, that are regulated or required pursuant to the Class I operating permit to 

construct; and

 (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the 

conditions of the Class I operating permit to construct or applicable requirements.

 (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a 

reasonable inquiry, the statements made in any document required to be submitted by any condition of the Class I 

operating permit to construct are true, accurate and complete.

 3. In addition to the requirements established in subsections 1 and 2, a Class I operating permit to construct for 

the approval of a plantwide applicability limitation must contain the information set forth in 40 C.F.R. § 

52.21(aa)(7) as adopted by reference in NAC 445B.221.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R189-05, 5-4-2006; R139-06, 9-

18-2006)

 NAC 445B.3366 Expiration and extension of operating permit to construct; expiration and renewal of 

plantwide applicability limitation. (NRS 445B.210, 445B.300)

 1. If construction will occur in one phase, an operating permit to construct for a new or modified stationary 

source expires if construction is not commenced within 18 months after the date of issuance thereof or construction 

of the facility is delayed for 18 months after initiated. The Director may extend the date on which the construction 

may be commenced upon a showing that the extension is justified.

 2. If construction will occur in more than one phase, the projected date of the commencement of construction of 

each phase of construction must be approved by the Director. An operating permit to construct expires if the initial 

phase of construction is not commenced within 18 months after the projected date of the commencement of 

construction approved by the Director. The Director may extend only the date on which the initial phase of 

construction may be commenced upon a showing that the extension is justified.

 3. An operating permit to construct issued to a new major stationary source or issued for a major modification to 

an existing stationary source that is subject to the permitting requirements set forth in 40 C.F.R. § 52.21 is subject to 

the expiration requirements established in 40 C.F.R. § 52.21(r)(2).

 4. Except as otherwise provided in this subsection, an operating permit to construct expires if a complete 

application for a Class I operating permit or modification of an existing Class I operating permit is not submitted 

within 12 months after the date of initial start-up. The provisions of this subsection do not apply to a Class I 

operating permit to construct for the approval of a plantwide applicability limitation.

 5. A plantwide applicability limitation expires at the end of the plantwide applicability limitation effective period 

in accordance with 40 C.F.R. § 52.21(aa)(9), unless the plantwide applicability limitation is renewed pursuant to 

subsection 3 of NAC 445B.33637. If the owner or operator is not going to renew the plantwide applicability 

limitation, the operating permit for the Class I stationary source must be revised to incorporate the redistribution of 
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the emissions allowed by the plantwide applicability limitation that is expiring in accordance with subsection 2 of 

NAC 445B.33637. For the purposes of this subsection, “plantwide applicability limitation effective period” means 

the “PAL effective period” as that term is defined in 40 C.F.R. § 52.21(aa)(2)(vii).

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R139-06, 

9-18-2006)

 NAC 445B.3368 Additional requirements for application; exception. (NRS 445B.210, 445B.300)

 1. The information otherwise required by this section is not required if the owner or operator applied for an 

operating permit to construct and no changes have been made to the facility. The information provided in the 

application for the operating permit to construct must be resubmitted as part of the Class I operating permit 

application.

 2. In addition to the information required pursuant to NAC 445B.295, an application for a Class I operating 

permit must include:

 (a) Descriptions of all emissions of any pollutants for which the source is major and all emissions of regulated air 

pollutants from all emission units.

 (b) An identification and a description of all points of emissions and all activities which may generate emissions 

of the regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basis for the 

applicability of standards and fees.

 (c) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an 

applicable requirement. The emission rates must be described in tons per year and in such terms as are necessary to 

establish compliance using the applicable standard reference test method.

 (d) Any other information required by any applicable requirement.

 (e) The calculations on which the information in this subsection and subsection 1 are based.

 (f) Citations to and a description of all applicable requirements.

 (g) A reference to any applicable test method used for determining compliance with each applicable requirement.

 (h) A compliance plan that contains the following:

 (1) A description of the compliance status of the stationary source with respect to all applicable requirements.

 (2) A description that includes the following:

 (I) For the applicable requirements with which the stationary source is in compliance, a statement that the 

stationary source will continue to comply with those requirements.

 (II) For the applicable requirements that may become effective during the term of the permit, a statement 

that the stationary source will comply with those requirements on a timely basis.

 (III) For each applicable requirement with which the stationary source will not be in compliance at the time 

that a permit will be issued, a narrative description of how the stationary source will achieve compliance with each 

such requirement.

 (3) Schedules of compliance as follows:

 (I) For the applicable requirements with which the stationary source is in compliance, a statement that the 

stationary source will continue to comply with those requirements.

 (II) For the applicable requirements that may become effective during the term of the permit, a statement 

that the stationary source will comply with those requirements on a timely basis, unless the applicable requirement 

expressly requires a more detailed schedule for compliance.

 (III) For each applicable requirement with which the stationary source will not be in compliance at the time 

that a permit will be issued, a schedule of compliance for each applicable requirement. Such a schedule must include 

a schedule of remedial measures, including, without limitation, an enforceable sequence of actions with milestones, 

leading to compliance with the applicable requirements with which the stationary source is not in compliance. If the 

stationary source is subject to a judicial consent decree or an administrative order regarding its noncompliance, the 

schedule must resemble and be at least as stringent as any schedule contained in the decree or order. Such a schedule 

of compliance must be supplemental to, and must not sanction noncompliance with, the applicable requirements on 

which it is based.

 (4) A schedule for the submission of certified progress reports at least once every 6 months for a schedule of 

compliance to remedy a violation. Such progress reports must contain the following:

 (I) Dates for performing activities or achieving milestones or compliance required in the schedule of 

compliance, and the dates when the activities, milestones or compliance occurred or were achieved; and
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 (II) An explanation as to why any dates in the schedule of compliance were not or will not be met, and any 

preventative or corrective measures adopted.

 The content requirements of the compliance plan specified in this paragraph apply and must be included in the 

acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations 

adopted pursuant to Title IV of the Act with regard to the schedule and methods the source will use to achieve 

compliance with the emissions limitations relating to acid rain.

 (i) Requirements for compliance certification, including:

 (1) A certification of compliance with all applicable requirements by a responsible official, consistent with 

this section and 42 U.S.C. § 7414(a)(3);

 (2) A statement of methods used for determining compliance, including a description of monitoring, 

recordkeeping and reporting requirements, and methods of testing;

 (3) A schedule for submission of certifications of compliance during the term of the permit to be submitted 

not less frequently than annually, or more frequently if so specified by the underlying applicable requirement or the 

permitting authority; and

 (4) A statement indicating the status of compliance by the stationary source with any applicable enhanced 

monitoring and compliance certification requirements of the Act.

 3. In addition to the information required pursuant to subsections 1 and 2, a Class I-B application for a Class I 

operating permit must contain:

 (a) For a proposed new major stationary source or a proposed major modification to an existing stationary source:

 (1) All information required pursuant to 40 C.F.R. § 52.21;

 (2) A description of all emissions of each regulated pollutant for which the source is a major stationary source 

or that will increase by a significant amount as a result of the major modification;

 (3) A description of all emissions of each regulated pollutant associated with the major modification;

 (4) A description of each hydrographic area that may be triggered for increment consumption; and

 (5) Any other information that the Director determines is necessary to process the application.

 (b) For a proposed new major source or a proposed significant revision to an existing stationary source:

 (1) All information required by NAC 445B.308 to 445B.313, inclusive;

 (2) Any other information that the Director determines is necessary to process the application; and

 (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 

7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503.

 (c) For a proposed new major source or a proposed significant revision to an existing stationary source which is 

subject to the requirements of 42 U.S.C. § 7412 regarding hazardous air pollutants:

(1) All information required by NAC 445B.308 to 445B.313, inclusive; 

(2) For a source subject to the requirements of 42 U.S.C. § 7412(g), all information required by 40 C.F.R. § 

63.43(e);

(3) For a source subject to the requirements of 42 U.S.C. § 7412(j), all information required by 40 C.F.R. § 

63.53; and

(4) Any other information that the Director determines is necessary to process the application.

 (d) For a revision to a Class I operating permit for a modification at an existing major stationary source that is not 

a major modification:

(1) All applicable information required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2);

(2) A description of the project or modification, including all emission units;

(3) A description of the applicable procedures used to determine that the project or modification is not a 

major modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

(4) All calculations associated with the procedures required to make the determinations pursuant to 40 

C.F.R. § 52.21(a)(2), including detailed information for expected and highest projections of any business activities 

in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a);

(5) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

(6) Detailed information used to demonstrate that emissions increases associated with any increased 

utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the 

proposed project or modification, including any increased utilization due to product demand growth, in accordance 

with 40 C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of subparagraphs (4), (5) and (6), the application must contain information on the potential of the unit to 
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emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).

 4. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21 as adopted by reference in 

NAC 445B.221.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R147-09, 

eff. 1-28-2010)

 NAC 445B.3375 Class I-B application: Filing requirement. (NRS 445B.210, 445B.300)

 1. Except as otherwise provided in subsections 5 and 6 of NAC 445B.3361, an owner or operator of a stationary 

source must file a Class I-B application, on a form provided by the Director, and obtain a Class I operating permit 

before commencing the construction, reconstruction or modification of:

 (a) A Class I existing stationary source;

 (b) A proposed modification for which a revision of an operating permit is requested pursuant to NAC 

445B.3425 or 445B.344 to a Class I stationary source;

 (c) A modification to a Class II source that results in total emissions of any regulated air pollutant above the 

thresholds defined in NAC 445B.094 for a major source;

 (d) A proposed new Class I stationary source;

 (e) A proposed new Class I stationary source subject to a standard, a limitation or any other requirement adopted 

pursuant to 42 U.S.C. § 7411 or 7412, unless the Class I stationary source is subject only to the requirements of 42 

U.S.C. § 7412(r); or

 (f) A proposed new stationary source which is included in a category of sources designated by the Administrator 

pursuant to 42 U.S.C. § 7661a(a).

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96; R105-97, 3-5-98; R117-00, 6-1-2001; R125-04, 9-24-2004; R139-06 & R162-06, 9-18-2006)

NDEP NOTE: Subsection 1 refers to subsection 6 of NAC 445B.3361 which is not being submitted as part of the 

ASIP. This is because NAC 445B.3361(6) deals with a state only program to control mercury emissions from mines. 

 NAC 445B.3395 Action by Director on application; notice; public comment and hearing; objection by 

Administrator; expiration of permit. (NRS 445B.210, 445B.300)

 1. Except for sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21 and as otherwise 

provided in this subsection, within 60 days after the date on which an application for a Class I operating permit or 

for the significant revision of a Class I operating permit is received, the Director shall determine whether the 

application is complete. If substantial additional information is required, the Director shall determine that the 

application is incomplete and return the application to the applicant. If substantial additional information is not 

required, the Director shall determine that the application is complete. Unless the Director determines that the 

application is incomplete within 60 days after the date of receipt, the official date of submittal shall be deemed to be 

the date on which the Director determines that the application is complete or 61 days after the date of receipt, 

whichever is earlier.

 2. For sources subject to the permitting requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date 

of receipt of an application for a Class I operating permit or for the revision of a Class I operating permit, the 

Director shall determine whether the application contains adequate information to process the application. The 

official date of submittal of the application shall be deemed to be 31 days after the date of receipt, unless the 

Director determines before that date that substantial additional information is required. If the Director determines 

that substantial additional information is required, the Director shall return the application to the applicant. The 

Director shall require the applicant to submit a new application or the applicant may formally withdraw the 

application.

 3. If, after the official date of submittal, the Director discovers that additional information is required to act on 

the application, the Director may request such additional information that is necessary to determine whether the 

proposed operation will comply with all the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The 

applicant must provide in writing any additional information that the Director requests within the time specified in 

the request of the Director. Any delay in the submittal of the requested information will result in a corresponding 

delay in the action of the Director on the application submitted to the Director pursuant to subsection 1 or 2.

 4. Except as otherwise provided in this section, within 180 days after the official date of submittal of an 

application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall make a 
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preliminary determination to issue or deny the Class I operating permit or the revision of the Class I operating 

permit. The Director shall give preliminary notice of his intent to issue or deny the Class I operating permit or the 

revision of the Class I operating permit within 180 days after the official date of submittal.

 5. Within 10 working days after the receipt of an application for a minor revision of a Class I operating permit, 

the Director shall determine whether the application is complete. If substantial additional information is required, the 

Director shall determine the application to be incomplete and return the application to the applicant. If substantial 

additional information is not required, the Director shall determine the application to be complete. Unless the 

Director determines that the application is incomplete within 10 working days after the date on which the Director 

receives the application, the official date of submittal is the date on which the Director determines that the 

application is complete or 11 working days after the date of receipt, whichever is earlier.

 6. The Director’s review and preliminary intent to issue or deny a Class I operating permit or the revision of a 

Class I operating permit and the proposed conditions for the Class I operating permit must be made public and 

maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson 

City, Nevada 89701-5249 and in the air quality region where the source is located for 30 days to enable public 

participation and comment and a review by any affected states.

 7. The Director shall:

 (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which 

the Class I stationary source is located or in a state publication designed to give general public notice;

 (b) Provide written notice to:

 (1) Persons on a mailing list developed by the Director, including those persons who request in writing to be 

included on the list; 

 (2) Any affected state; and

 (3) Any affected local air pollution control agency;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public and affected 

states;

 (d) Provide a copy of the Director’s review of the application, the Director’s preliminary intent to issue or deny 

the Class I operating permit or the revision of a Class I operating permit, and the proposed Class I operating permit 

to the Administrator; and

 (e) Establish a 30-day period for public comment.

 8. The provisions of subsections 6 and 7 do not apply to:

 (a) An administrative amendment to a Class I operating permit made pursuant to NAC 445B.319;

 (b) A change without revision to a Class I operating permit made pursuant to NAC 445B.342; or

 (c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425, if the Director determines 

that the minor revision does not result in a significant change in air quality at any location where the public is 

present on a regular basis.

 9. The notice required for a Class I operating permit or for a revision of a Class I operating permit pursuant to 

subsection 7 must:

 (a) Identify the affected facility and the name and address of the applicant;

 (b) Identify the name and address of the authority processing the Class I operating permit;

 (c) Identify the activity or activities involved in the Class I operating permit and the emissions change involved in 

any revision of the Class I operating permit;

 (d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;

 (e) Include the name, address and telephone number of a person from whom interested persons may obtain 

additional information, including copies of the proposed conditions for the Class I operating permit, the application, 

all relevant supporting materials and all other materials which are available to the authority that is processing the 

Class I operating permit and which are relevant to the determination of the issuance of the Class I operating permit; 

and

 (f) Include a brief description of the procedures for public comment and the time and place of any hearing that 

may be held, including a statement of the procedures to request a hearing.

 10. All comments on the Director’s review and preliminary intent for the issuance or denial of a Class I 

operating permit or a revision of a Class I operating permit must be submitted in writing to the Director within 30 

days after the public announcement. The Director shall give notice of any public hearing at least 30 days before the 

date of the hearing. The Director shall keep a record of the names of any persons who made comments and of the 
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issues raised during the process for public participation.

 11. Except as otherwise provided in subsection 12 and NAC 445B.319, 445B.342 and 445B.3425, within 12 

months after the official date of submittal of a Class I-B application for an operating permit or revision of an 

operating permit, the Director shall issue or deny the operating permit or revision of the operating permit. The 

Director shall make his decision by taking into account:

 (a) Written comments from the public, affected states and the Administrator;

 (b) Comments made during public hearings concerning the application and the Director’s preliminary 

determination for issuance or denial;

 (c) Information submitted by proponents of the project; and

 (d) The effect of such a facility on the maintenance of the state and national ambient air quality standards 

contained in NAC 445B.22097 and the applicable state implementation plan.

 The Director shall send to the Administrator a copy of the final operating permit issued by the Director after 

approving the Class I-B application.

 12. For stationary sources subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant 

deterioration of air quality, adopted by reference pursuant to NAC 445B.221, the Director shall issue or deny an 

application for a Class I operating permit, or the revision or renewal of a Class I operating permit, within 12 months 

after the official date of submittal of an application for a new Class I operating permit or the revision of a Class I 

operating permit. The application shall be deemed to be complete for the purposes of 40 C.F.R. § 52.21 on the date 

that the Director makes the preliminary determination to issue or deny the Class I operating permit or the revision of 

the Class I operating permit.

 16. If construction will occur in one phase, a Class I operating permit or the revision of a Class I operating 

permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. 

§ 52.21 regarding the prevention of significant deterioration of air quality, expires if construction is not commenced 

within 18 months after the date of issuance thereof or construction of the facility is delayed for 18 months after 

initiated. The Director may extend the date on which the construction may be commenced upon a showing that the 

extension is justified.

 17. If construction will occur in more than one phase, the projected date of the commencement of construction of 

each phase of construction must be approved by the Director. A Class I operating permit or the revision of a Class I 

operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of 

40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, expires if the initial phase of 

construction is not commenced within 18 months after the projected date of the commencement of construction 

approved by the Director. The Director may extend only the date on which the initial phase of construction may be 

commenced upon a showing that the extension is justified.

 [Environmental Comm’n, Air Quality Reg. § 3.2.1, eff. 11-7-75; A 12-4-76; § 3.2.2, eff. 11-7-75; A 12-15-77; 8-

28-79; §§ 3.2.3 & 3.2.4, eff. 11-7-75; § 3.2.5, eff. 11-7-75; A 12-4-76; § 3.2.6, eff. 11-7-75; + § 13.1.2, eff. 11-7-75; 

A 12-4-76; 8-28-79]—(NAC A 10-22-87; 12-15-88; 12-8-89; 9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. 1-11-96; 3-

29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-01, 10-25-2001; R103-02, 

12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R151-06, 9-18-2006; R142-07, 4-17-2008)

 NAC 445B.340 Prerequisites to issuance, revision or renewal of permit. (NRS 445B.210, 445B.300) The 

Director may issue a Class I operating permit, or a revision of or a renewal of a Class I operating permit, if:

 1. The Director has:

 (a) Received a complete application for a Class I operating permit or for a revision of or a renewal of a Class I 

operating permit;

 (b) Completed all requirements regarding public participation and comment pursuant to NAC 445B.3395; and

 (c) Notified and responded to all comments from affected states;

 2. The conditions of the operating permit provide for compliance with the requirements of NAC 445B.001 to 

445B.3689, inclusive, and any other applicable requirements; 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; 

A by R142-07, 4-17-2008)—(Substituted in revision for NAC 445B.306)

 NAC 445B.342 Certain changes authorized without revision of permit; notification of authorized 

changes. (NRS 445B.210, 445B.300)
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 1. The owner or operator of a stationary source operating in compliance with an operating permit may make 

changes which contravene an express term of the operating permit without a revision of the operating permit if the 

changes do not:

 (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a 

modification as that term is defined in NAC 445B.099;

 (b) Violate any provision of NAC 445B.001 to 445B.3689, inclusive, or any other applicable requirement; or

 (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit.

 2. Any conditions of an operating permit that are requirements for monitoring, methods of testing, 

recordkeeping, reporting or compliance certification may not be changed pursuant to this section.

 3. For each change made pursuant to this section, the holder of the operating permit shall provide a written 

notification to the Director and the Administrator at least 7 days before making the change. This notification must 

include:

 (a) A detailed description of the change;

 (b) The date on which the change will occur;

 (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3689, inclusive;

 (d) Any condition of the operating permit which will no longer apply because of the change; 

 4. The holder of the operating permit, the Director and the Administrator, as appropriate, shall attach a copy of 

the written notification to his respective copy of the permit.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96; R105-97, 3-5-98; R040-01, 10-25-2001; R096-05, 10-31-2005)

 NAC 445B.3425 Minor revision of permit. (NRS 445B.210, 445B.300)

 1. A minor revision may be made to a Class I operating permit if the revision:

 (a) Does not violate any applicable requirement;

 (b) Does not involve significant changes to the existing requirements for monitoring, reporting or recordkeeping;

 (c) Does not require or change:

 (1) A determination of an emission limitation or other standard on a case-by-case basis;

 (2) A determination of the ambient impact for any temporary source; or

 (3) A visibility or increment analysis;

 (d) Does not establish or change a condition of the operating permit for which there is no corresponding 

underlying applicable requirement and which was requested in order to avoid an applicable requirement, including:

 (1) A federally enforceable emissions cap; or

 (2) An alternative emission limitation pursuant to 42 U.S.C. § 7412(i)(5);

 (e) Is not a modification pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive;

 (f) Does not result in an increase in allowable emissions that exceeds any of the following specified thresholds:

 (1) Carbon monoxide, 100 tons per year;

 (2) Nitrogen oxides, 40 tons per year;

 (3) Sulfur dioxide, 40 tons per year;

 (4) PM10, 15 tons per year;

 (5) Ozone, 40 tons per year of volatile organic compounds;

 (6) Sulfuric acid mist, 7 tons per year; and

 (7) Hydrogen sulfide (H2S), 10 tons per year; and

 (g) Is not a major modification at an existing major stationary source.

 2. An owner or operator must request a minor revision on an application form provided by the Director. The 

application must include:

 (a) A description of the modification;

 (b) A description of the emissions resulting from the modification;

 (c) An identification of any new applicable requirements that will apply because of the modification;

 (d) Suggested conditions of the operating permit;

 (e) Certification by a responsible official of the stationary source that the proposed modification complies with 

the criteria for a minor revision set forth in subsection 1; and

 (f) Any relevant information concerning the proposed change which is required by NAC 445B.295 and 

445B.3368.
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 3. The Director shall:

 (a) Determine, in accordance with subsection 5 of NAC 445B.3395, whether the application for a minor revision 

is complete.

 (b) Transmit the application to the Administrator within 10 working days after the official date of submittal of the 

application.

 (c) Provide notice to any affected state within 10 working days after the official date of submittal of the 

application for a minor revision.

 (d) Unless the application is for a minor revision described in subsection 8 of NAC 445B.3395, enable public 

participation and comment and provide notice to the public concerning the application for a minor revision in the 

manner set forth in subsections 6 and 7 of NAC 445B.3395.

 (e) Provide a 30-day period for comment by any affected state and the public, if applicable, concerning the 

application.

 (f) Within 45 days after the official date of submittal of the application:

 (1) Determine whether the proposed minor revision meets the criteria for a minor revision set forth in this 

section;

 (2) Determine whether the proposed conditions of the operating permit are adequate; and

 (3) If the Director determines that the proposed modification does not meet the criteria for a minor revision, 

deny the proposed revision and notify the applicant and the Administrator.

 (g) If the Director determines that the applicant’s proposed conditions of the operating permit are not adequate, 

draft appropriate conditions for the operating permit. Proposed conditions drafted by the Director must be submitted 

to the Administrator for review.

 (h) Notify the Administrator of any recommendations from an affected state which the Director does not accept.

 4. The Director may issue the minor revision upon notification by the Administrator that the Administrator does 

not object to the minor revision. If the Administrator does not notify the Director within 45 days after the date on 

which the Administrator received the notification pursuant to this section or within 45 days after the date on which 

the Administrator receives the Director’s proposed conditions, whichever is later, the Administrator shall be deemed 

to have not objected to the minor revision.

 5. If the Administrator objects to the minor revision, the Director shall:

 (a) Deny the application for the minor revision;

 (b) Determine whether the minor revision should be reviewed under the procedures for a significant revision; or

 (c) Revise the proposed revision of the operating permit and forward it to the Administrator for review.

 6. The Director shall take action pursuant to subsection 4 or 5 within 90 days after the official date of submittal 

of an application for a minor revision or within 15 days after the Administrator’s 45-day review period ends, 

whichever is later.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96; 5-3-96; R105-97, 3-5-98; R036-98, 4-17-98; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004)

 NAC 445B.344 Significant revision of permit. (NRS 445B.210, 445B.300)

 1. The holder of an operating permit may request a significant revision of a Class I operating permit if it does not 

qualify as a change that may be made pursuant to NAC 445B.342, or as an administrative amendment or a minor 

revision. A significant revision includes, but is not limited to, a revision:

 (a) Of an existing condition of the operating permit relating to monitoring or making the requirements for 

reporting or recordkeeping less stringent;

 (b) Which requires or changes:

 (1) A determination of an emission limitation on a case-by-case basis;

 (2) A determination of ambient impact for any temporary source; or

 (3) A visibility or increment analysis;

 (c) Which would establish or change a condition of the operating permit and which is requested or assumed by 

the owner or operator of the stationary source in order to avoid any applicable requirement;

 (d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part 60, as adopted pursuant to NAC 445B.221; or

 (e) Subject to 42 U.S.C. § 7412.

 2. An application for a significant revision must comply with the requirements for an application for a Class I 

operating permit set forth in NAC 445B.295, 445B.297 and 445B.3368, including public participation and comment 
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and a review by any affected states and the Administrator pursuant to NAC 445B.3395.

 3. An application for a significant revision must be accompanied by the fee set forth in NAC 445B.327.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-

96; R105-97, 3-5-98; R103-02, 12-17-2002)

 NAC 445B.3441 Administrative revision of permit to incorporate conditions of certain permits to 

construct. (NRS 445B.210, 445B.300)

 1. To modify a Class I stationary source in accordance with subsection 5 of NAC 445B.3361, the owner or 

operator of the Class I stationary source must submit an application for an administrative revision to a Class I 

operating permit to incorporate the conditions of a Class I operating permit to construct into the existing Class I 

operating permit for the Class I stationary source.

 2. The Director shall issue a revised Class I operating permit or deny the application for an administrative 

revision to a Class I operating permit within the timelines established for processing an application for a Class I 

operating permit to construct as specified in NAC 445B.3364.

 3. An application for an administrative revision to a Class I operating permit must comply with the requirements 

for an application for a Class I operating permit set forth in NAC 445B.295, 445B.297 and 445B.3368, and the 

requirements relating to public participation and comment and a review by any affected states and the Administrator 

pursuant to NAC 445B.3395.

 4. An application for an administrative revision to a Class I operating permit must be accompanied by the 

appropriate fee set forth in NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R139-06, 9-18-2006)

 NAC 445B.3443 Renewal of permit. (NRS 445B.210, 445B.300)

 1. All Class I operating permits must be renewed 5 years after the date of issuance.

 2. A complete application for the renewal of a Class I operating permit must be submitted to the Director on the 

form provided by the Director with the appropriate fee at least 240 days, but not earlier than 18 months, before the 

expiration date of the current Class I operating permit for stationary sources.

 3. Applications for the renewal of a Class I operating permit must comply with all requirements for the issuance 

of an initial Class I operating permit as specified in NAC 445B.3395.

4. If an application for the renewal of a Class I operating permit is submitted in accordance with subsection 2, 

the stationary source may continue to operate under the conditions of the existing Class I operating permit 

until the Class I operating permit is renewed or the application for renewal is denied. 

 5. If an application for the renewal of a Class I operating permit is not submitted in accordance with subsection 2:

 (a) The stationary source may be required to cease operation when the Class I operating permit expires; and

 (b) The owner or operator of the stationary source:

 (1) Must apply for the issuance of a new Class I operating permit pursuant to NAC 445B.3375; and

 (2) May not recommence the operation until the new Class I operating permit is issued.

 6. The fee for the issuance of a new Class I operating permit or the renewal of a Class I operating permit is

specified in NAC 445B.327.

 [Environmental Comm’n, Air Quality Reg. part § 3.4.1 & §§ 3.4.4 & 3.4.8, eff. 11-7-75]—(NAC A 12-15-88; 

12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R040-01, 10-25-2001; R103-02, 12-17-2002; 

R198-03, 4-26-2004; R191-08, 12-17-2008)

Class II Operating Permits

 NAC 445B.3453 Application: General requirements. (NRS 445B.210, 445B.300)

 1. Except as otherwise provided in subsection 3, an owner or operator of any stationary source that is not subject 

to the requirements of NAC 445B.337 or 445B.3375 must submit an application for and obtain a Class II operating 

permit or, if applicable, a Class III operating permit pursuant to NAC 445B.3485.

 2. For a proposed stationary source or a proposed modification to a stationary source that is not subject to the 

requirements of NAC 445B.337 or 445B.3375, an owner or operator must file an application and obtain a Class II 

operating permit or a revision to an existing Class II operating permit or, if applicable, a Class III operating permit 

or a revision to an existing Class III operating permit pursuant to NAC 445B.3485, before commencing construction 

of the proposed stationary source or the proposed modification.
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 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R189-05, 5-4-2006)

NDEP NOTE: Subsection 1 refers to subsection 3 which is not being submitted as part of the ASIP. This is because 

subsection 3 deals with a state only program to control mercury emissions from mines. 

 NAC 445B.3457 Action by Director on application; notice; public comment and hearing; expiration of 

permit. (NRS 445B.210, 445B.300)

 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of 

receipt of an application accompanied by the appropriate fee for a Class II operating permit or for the revision of a 

Class II operating permit, the Director shall determine if the application is complete. If substantial additional 

information is required, the Director shall determine that the application is incomplete and return the application to 

the applicant. If substantial additional information is not required, the Director shall determine the application to be 

complete. Unless the Director determines that the application is incomplete within 10 working days after the date of 

receipt of the application, the official date of submittal of the application shall be deemed to be the date on which the 

Director determines that the application is complete or 11 working days after the date of receipt, whichever is 

earlier.

 2. If, after the official date of submittal, the Director discovers that additional information is required to act on 

the application, the Director may request additional information necessary to determine whether the proposed 

operation will comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The 

applicant must provide in writing any additional information that the Director requests within the time specified in 

the request of the Director. Any delay in the submittal of the requested information will result in a corresponding 

delay in the action of the Director on the application submitted to the Director.

 3. [If notice to the public is not required pursuant to subsection 5, the] The Director shall issue or deny a Class II 

operating permit or the revision of a Class II operating permit within 60 days after the official date of submittal of 

the application for the Class II operating permit or for the revision of the Class II operating permit.

 4. If notice to the public is required pursuant to subsection 5, the Director shall:

 (a) Make a preliminary determination to issue or deny a Class II operating permit or the revision of a Class II 

operating permit within [60] 15 days after the official date of submittal of the application for the Class II operating 

permit or for the revision of the Class II operating permit;

 (b) Take such action as is necessary to ensure compliance with the provisions of subsections [5, 6, and 7,] 6, 7, 

and 8, as applicable; and

 (c) Issue or deny the Class II operating permit or the revision of the Class II operating permit [within the period 

set forth in subsection 8.] taking into account:

 (i) Written comments from the public;

 (ii) Information submitted by proponents of the project; and

 (iii) The effect of such a facility on the maintenance of the state and national ambient air quality standards 

contained in NAC 445B.22097 and the applicable state implementation plan.

 5. [If, after review of an application for a Class II operating permit or for the revision of a Class II operating 

permit, the Director determines that the change to the stationary source results in a significant change in air quality 

at any location where the public is present on a regular basis: Public notice is required for an application for:

 (a) The Director’s preliminary determination to issue or deny the Class II operating permit or the revision of the 

Class II operating permit , and the proposed conditions for the Class II operating permit or the proposed conditions 

for the revision of the Class II operating permit must, within 10 working days after the Director makes that 

preliminary determination, be made public and maintained on file with the Director during normal business hours at 

901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 days to enable public participation 

and comment; and A new Class II operating permit; or

 (b) [The Director shall] The revision of a Class II operating permit for which the Director determines that the 

change to the stationary source results in an increase in allowable emissions that exceeds any of the following 

thresholds:

 Pollutant Threshold in tons per year

Carbon monoxide ..............................................................40

Nitrogen oxides .................................................................40
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Sulfur dioxide ....................................................................40

PM10 ...................................................................................15

Ozone measured as VOC ..................................................40

Lead .....................................................................................0.6

 (c) As used in this subsection a new Class II operating permit means a permit issued to a stationary source 

which has not previously held a Class I or Class II operating permit.

 6. For a notice required pursuant to subsection 5 and at the time the Director makes a preliminary 

determination to issue or deny a Class II operating permit or a revision of a Class II operating permit pursuant to 

subsection 4, [The] the Director shall:

 [(1)] (a) Make the preliminary determination available to the public and maintain it on file with the Director 

during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 

days to enable public participation and comment.

 (b) Cause to be published [a notice in a newspaper of general circulation in the area in which the Class II source 

is located] on a state website designed to give general public notice an electronic copy of the Director’s notice of 

proposed action;

 [(2)] (c) Provide written [notice] notification of the Director’s proposed action to persons on a mailing list 

developed by the Director, including those persons who request in writing to be included on the list;

 [(3)] (d) Provide [notice by other means if necessary] the Director’s notice of proposed action and a copy of the 

application at a local library in the area in which the Class II source is located to ensure that adequate notice is 

given to the public; 

 (e) Provide the Director’s notice of proposed action and a copy of the application to the Administrator and to 

any local air pollution control agencies having jurisdiction within the area in which the Class II source is 

located; and

 [(4)] (f) Establish a 30-day period for public participation.

 [6.] 7. The notice required pursuant to [paragraph (b) of] subsection 5 must include:

 (a) The name of the affected facility and the name and address of the applicant;

 (b) The name and address of the state agency and the name, address and telephone number of a representative 

from the state agency processing the Class II operating permit or the revision of the Class II operating permit;

 (c) [The name, address and telephone number of a representative from the state agency that is processing the 

Class II operating permit or the revision of the Class II operating permit from whom interested persons may obtain 

additional information, including copies of:

 (1) The application; 

 (2) The proposed conditions for the Class II operating permit or the proposed conditions for the revision of the 

Class II operating permit;

 (3) All relevant supporting materials; and

 (4) All other materials which are available to the state agency that is processing the Class II operating permit 

or the revision of the Class II operating permit and which are relevant to the determination of the issuance of the 

Class II operating permit or the revision of the Class II operating permit;]

 (d) A description of the proposed new Class II source or the proposed modification to the existing Class II source 

and a summary of the emissions involved;

 (e) (d) The date by which comments must be submitted to the Director;

 (f) (e) A summary of [the impact of] the agency’s analysis of the effect of the proposed new Class II source or 

the proposed modification to the existing Class II source on the quality of air;

 (g) (f) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if 

applicable; and

 (h) (g) A brief description of the procedures for public participation [and the time and place of any hearing that 

may be held, including a statement of the procedures to request a hearing].

 [7.] 8. All comments concerning the applications for which notice to the public is required to be provided 

pursuant to this section must be submitted in writing to the Director within the time specified in the notice. [The 

Director shall give notice of any public hearing scheduled pursuant to this section at least 30 days before the date of 

the hearing.] The Director shall keep a record of the names of any persons who made comments and of the issues 

raised during the process for public participation.
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 [8. If an application for a Class II operating permit or for the revision of a Class II operating permit is submitted 

for a Class II source that is subject to the notice requirements set forth in subsection 5, the Director shall issue or 

deny the Class II operating permit or the revision of the Class II operating permit within 30 days after the close of 

the period for public participation or 30 days after the hearing if a hearing is scheduled pursuant to this section, 

whichever occurs later. The Director shall make the decision by taking into account:

 (a) Written comments from the public;

 (b) [The comments made during public hearings concerning the application and the Director’s preliminary 

determination for issuance or denial;

 (c)] Information submitted by proponents of the project; and

 (d) The effect of such a facility on the maintenance of the state and national ambient air quality standards 

contained in NAC 445B.22097 and the applicable state implementation plan.]

 9. If construction will occur in one phase, a Class II operating permit or the revision of a Class II operating 

permit for a new or modified stationary source expires if construction is not commenced within 18 months after the 

date of issuance thereof or construction of the facility is delayed for 18 months or more after the construction begins. 

The Director may extend the date on which the construction may be commenced upon a showing that the extension 

is justified.

 10. If construction will occur in more than one phase, the projected date of commencement of construction of 

each phase must be approved by the Director. A Class II operating permit or the revision of a Class II operating 

permit for a new or modified stationary source expires if the initial phase of construction is not commenced within 

18 months after the projected date of the commencement of construction approved by the Director. The Director 

may extend only the date on which the initial phase of construction may be commenced upon a showing that the 

extension is justified.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R151-06, 

9-18-2006; R142-07, 4-17-2008; T011-10, 1-11-2011)

 NAC 445B.346 Required contents of permit. (NRS 445B.210, 445B.300) In addition to the conditions set 

forth in NAC 445B.315, Class II operating permits must contain, as applicable:

 1. Emission limitations and standards, including those operational requirements and limitations that ensure 

compliance with the conditions of the operating permit.

 2. All requirements for monitoring, testing and reporting that apply to the stationary source.

 3. A requirement that the owner or operator of the stationary source promptly report any deviations from any 

requirements of the operating permit.

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the 

owner or operator of the stationary source in his application and approved by the Director. Such terms and 

conditions must require the owner or operator to keep a contemporaneous log of changes from one alternative 

operating scenario to another.

 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or 

NAC 445B.001 to 445B.3689, inclusive, at the time the operating permit is issued, including:

 (a) Semiannual progress reports and a schedule of dates for achieving milestones;

 (b) Prior notice of and explanations for missed deadlines; and

 (c) Any preventive or corrective measures taken.

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)—(Substituted in 

revision for NAC 445B.317)

 NAC 445B.3465 Application for revision. (NRS 445B.210, 445B.300)

 1. The owner or operator of a stationary source with a Class II operating permit may request, on an application 

form provided by the Director, a revision of the operating permit to allow for a modification to the stationary source.

 2. An application for a revision of a Class II operating permit must include:

 (a) The name and address of the owner or operator of the stationary source;

 (b) The location of the stationary source;

 (c) A description of:

 (1) The existing emission units undergoing the modification and the applicable control systems; and

 (2) The proposed modification to such emission units;
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 (d) The emission rates from the existing emission units of each regulated air pollutant to which a standard applies 

which exist at the time of the application before the modification and which would exist after the modification takes 

place;

 (e) A description of any proposed new emission units and applicable control systems;

 (f) The potential to emit of the proposed new emission units for each regulated air pollutant to which a standard 

applies;

 (g) A description of the procedures and methods used to determine the emission rates;

 (h) A discussion of all applicable requirements to which the new or modified operations will be subject;

 (i) An explanation of any proposed exemption from any applicable requirement;

 (j) An environmental evaluation conducted in accordance with NAC 445B.308, 445B.310, 445B.311 and 

445B.3135; and

 (k) Any other information that the Director determines is necessary to process the application and issue a Class II 

operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R105-97, eff. 3-5-98; A by R103-02, 12-17-2002; R096-05, 10-

31-2005)

 NAC 445B.3473 Renewal of permit. (NRS 445B.210, 445B.300)

 1. All Class II operating permits must be renewed 5 years after the date of issuance.

 2. A complete application for renewal of a Class II operating permit must be submitted to the Director on the 

form provided by the Director with the appropriate fee at least 70 days before the expiration date of the current Class 

II operating permit.

 3. An application for the renewal of a Class II operating permit must comply with all requirements for the 

issuance of an initial Class II operating permit as specified in NAC 445B.3457.

 4. If an application for the renewal of a Class II operating permit is submitted in accordance with subsection 2, 

the stationary source may continue to operate under the conditions of the existing Class II operating permit until the 

permit is renewed or the application for renewal is denied. If such an application is not submitted in accordance with 

subsection 2, the stationary source may be required to cease operation when the Class II operating permit expires 

and may not recommence the operation until the Class II operating permit is renewed.

 5. If an application for the renewal of a Class II operating permit is not submitted in accordance with subsection 

2:

 (a) The stationary source may be required to cease operation when the Class II operating permit expires; and 

 (b) The owner or operator of the stationary source:

 (1) Must apply for the issuance of a new Class II operating permit pursuant to NAC 445B.3453; and

 (2) May not recommence the operation until the new Class II operating permit is issued.

 6. The fee for the issuance of a new Class II operating permit or the renewal of a Class II operating permit is 

specified in NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R191-08, 

12-17-2008)

 NAC 445B.3477 Class II general permit. (NRS 445B.210, 445B.300)

 1. The Director may issue a Class II general permit covering numerous similar stationary sources.

 2. Before issuing a Class II general permit, the proposed conditions for the Class II general permit must be made 

public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 

4001, Carson City, Nevada 89701-5249, for 30 days to enable public participation and comment. The Director shall: 

 (a) Cause to be published a notice in one or more newspapers of general circulation in the area in which the Class 

II general operating permit is applicable;

 (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who 

request in writing to be included on the list;

 (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public; and

 (d) Establish a 30-day period for public participation.

 3. The notice required pursuant to subsection 2 must include, without limitation:

 (a) The name and address of the state agency processing the Class II general permit;

 (b) The name, address and telephone number of a representative from the state agency that is processing the 

Class II general permit from whom interested persons may obtain additional information, including copies of:
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 (1) The proposed conditions for the Class II general permit;

 (2) All relevant supporting materials; and

 (3) All other materials which are available to the state agency that is processing the Class II general permit 

and which are relevant to the determination of the issuance of the Class II general permit;

 (c) A description of the proposed Class II general permit and a summary of the emissions involved;

 (d) The date by which comments must be submitted to the Director;

 (e) A summary of the impact of the proposed Class II general permit on the quality of the air;

 (f) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if 

applicable; and

 (g) A brief description of the procedures for public participation and the time and place of any hearing that may 

be held, including a statement of the procedures to request a hearing.

 4. All comments concerning the proposed Class II general permit for which notice to the public is required to be 

provided pursuant to this section must be submitted in writing to the Director within the time specified in the notice. 

The Director shall give notice of any public hearing scheduled pursuant to this section at least 30 days before the 

hearing. The Director shall keep a record of the names of any persons who made comments and of the issues raised 

during the process for public participation.

 5. The Director may issue the Class II general permit after considering:

 (a) Written comments from the public;

 (b) The comments made during public hearings concerning the proposed Class II general permit;

 (c) Information submitted by proponents of the Class II general permit; and

 (d) The effect of the Class II general permit on the maintenance of the state and national ambient air quality 

standards contained in NAC 445B.22097 and the applicable state implementation plan.

 6. A Class II general permit must set forth the criteria by which stationary sources may qualify for the Class II 

general permit.

 7. After the effective date of a Class II general permit, the owner or operator of any stationary source that meets 

the criteria set forth in the Class II general permit may request authority to operate under the Class II general permit. 

The request must be in writing and must include all the information required by the Class II general permit.

 8. The Director shall grant or deny authority to operate under a Class II general permit within 30 days after his 

receipt of a request for such authority. The Director’s decision to grant or deny an application for authority to 

operate under the terms of a Class II general permit is not subject to the requirements of NAC 445B.3457.

 9. A person may challenge the provisions of a Class II general permit only at the time the Class II general permit 

is issued. The Director’s grant or denial of authority to operate under a Class II general permit to a stationary source 

or stationary sources does not provide an opportunity for an administrative review or a judicial review of the Class II 

general permit.

 10. The Director shall not grant authority to operate under a Class II general permit to an affected source.

 11. The term of a Class II general permit is 5 years. 

 12. The authority to operate under a Class II general permit expires after 5 years. An owner or operator of a 

stationary source operating under the authority of a Class II general permit shall apply to renew his authority to 

operate under the Class II general permit at least 30 days before his authorization expires.

 13. A stationary source which obtains authorization to operate under a Class II general permit but is later 

determined not to qualify under the conditions of the Class II general permit may be subject to an action enforcing 

the prohibition against operating without a permit.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; R142-07, 4-17-2008)

Class III Operating Permits

 NAC 445B.3485 Application: General requirements. (NRS 445B.210, 445B.300)

 1. If a stationary source operating under a Class II operating permit meets the requirements for a Class III source, 

the owner or operator of the stationary source may submit an application with the appropriate fee and obtain a Class 

III operating permit for the stationary source.

 2. If a new stationary source meets the requirements for a Class III source, the owner or operator of the new 

stationary source may submit an application with the appropriate fee and obtain a Class III operating permit for the 

new stationary source. An operating permit must be obtained before commencing construction on a new stationary 

source.
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 3. An owner or operator of a proposed modification to a stationary source that meets the requirements for a Class 

III source may submit an application with the appropriate fee and obtain a revised Class III operating permit for the 

proposed modification to the stationary source. Such an owner or operator shall not commence construction of the 

proposed modification to the stationary source before filing an application for and obtaining a revised Class III 

operating permit.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R103-02, 12-17-2002; R151-06, 

9-18-2006)

 NAC 445B.3487 Action by Director on application; expiration of permit. (NRS 445B.210, 445B.300)

 1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of 

receipt of an application for a Class III operating permit or for the revision of a Class III operating permit, the 

Director shall determine if the application is complete. If substantial additional information is required, the Director 

shall determine that the application is incomplete and return the application to the applicant. If substantial additional 

information is not required, the Director shall determine the application to be complete. Unless the Director 

determines that the application is incomplete within 10 working days after the date of receipt of the application, the 

official date of submittal of the application shall be deemed to be the date on which the Director determines that the 

application is complete or 11 working days after the date of receipt, whichever is earlier. The Director shall issue or 

deny a Class III operating permit or the revision of a Class III operating permit within 30 days after the official date 

of submittal of the application.

 2. If, after the official date of submittal, the Director discovers that additional information is required to act on 

the application, the Director may request additional information necessary to determine whether the proposed 

operation will comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The 

applicant must provide in writing any additional information that the Director requests within the time specified in 

the request of the Director. Any delay in the submittal of the requested information will result in a corresponding 

delay in the action of the Director on the application submitted to the Director.

 3. If construction will occur in one phase, a Class III operating permit or the revision of a Class III operating 

permit for a new or modified stationary source expires if construction is not commenced within 18 months after the 

date of issuance thereof or construction of the facility is delayed for 18 months or more after the construction begins. 

The Director may extend the date on which the construction may be commenced upon a showing that the extension 

is justified.

 4. If construction will occur in more than one phase, the projected date of commencement of construction of 

each phase must be approved by the Director. A Class III operating permit or the revision of a Class III operating 

permit for a new or modified stationary source expires if the initial phase of construction is not commenced within 

18 months after the projected date of the commencement of construction approved by the Director. The Director 

may extend only the date on which the initial phase of construction may be commenced upon a showing that the 

extension is justified.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006)

 NAC 445B.3489 Required contents of permit. (NRS 445B.210, 445B.300) In addition to the conditions set 

forth in NAC 445B.315, Class III operating permits must contain, as applicable:

 1. Emission limitations and standards, including those operational requirements and limitations that ensure 

compliance with the conditions of the Class III operating permit.

 2. All requirements for monitoring, testing and reporting that apply to the stationary source.

 3. A requirement that the owner or operator of the stationary source promptly report any deviations from any 

requirements of the Class III operating permit.

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the 

owner or operator of the stationary source in his application and approved by the Director. Such terms and 

conditions must require the owner or operator to keep a contemporaneous log of changes from one alternative 

operating scenario to another.

 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or 

NAC 445B.001 to 445B.3689, inclusive, at the time the Class III operating permit is issued, including:

 (a) Semiannual progress reports and a schedule of dates for achieving milestones;

 (b) Prior notice of and explanations for missed deadlines; and
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 (c) Any preventive or corrective measures taken.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006)

 NAC 445B.3493 Application for revision. (NRS 445B.210, 445B.300)

 1. The owner or operator of a stationary source with a Class III operating permit may apply, on a form provided 

by the Director, for a revision of the operating permit.

 2. An application for a revision of a Class III operating permit for a stationary source must include:

 (a) The name and address of the owner or operator of the stationary source;

 (b) The location of the stationary source;

 (c) A description of:

 (1) The existing emission units undergoing modification and the applicable control systems; and

 (2) The proposed modifications to those emission units;

 (d) A description of any proposed new emission units and applicable control systems;

 (e) The potential to emit for each proposed new and existing emission unit for each regulated air pollutant to 

which a standard applies; and

 (f) Any other information that the Director determines is necessary to process the application and issue a revised 

Class III operating permit in accordance with NAC 445B.001 to 445B.3689, inclusive.

 (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001)—(Substituted in revision for NAC 

445B.348)

 NAC 445B.3497 Renewal of permit. (NRS 445B.210, 445B.300)

 1. All Class III operating permits must be renewed 5 years after the date of issuance.

 2. A complete application for renewal of a Class III operating permit must be submitted to the Director on the 

form provided by the Director with the appropriate fee at least 40 days before the expiration date of the current 

permit for the Class III source.

 3. An application for the renewal of a Class III operating permit must comply with all requirements for the 

issuance of an initial Class III operating permit as specified in NAC 445B.3487.

 4. If an application for the renewal of a Class III operating permit is submitted in accordance with subsection 2, 

the stationary source may continue to operate under the conditions of the existing Class III operating permit until the 

permit is renewed or the application for the renewal of the Class III operating permit is denied. If an application is 

not submitted in accordance with subsection 2, the stationary source may be required to cease operation when the 

Class III operating permit expires and may not recommence the operation until the Class III operating permit is 

renewed.

 5. If an application for the renewal of a Class III operating permit is not submitted in accordance with subsection 

2:

 (a) The stationary source may be required to cease operation when the Class III operating permit expires; and 

 (b) The owner or operator of the stationary source:

(1) Must apply for the issuance of a new Class III operating permit pursuant to NAC 445B.3485; and

(2) May not recommence the operation until the new Class III operating permit is issued.

 6. The fee for the issuance of a new Class III operating permit or the renewal of a Class III operating permit is 

specified in NAC 445B.327.

 (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R191-08, 

12-17-2008)