SUPPLEMENTAL SUBMITTAL: 

PROPOSED REVISION TO CLARK 

COUNTY PART OF NEVADA STATE 

IMPLEMENTATION PLAN: 

REVISIONS TO CLARK COUNTY AIR 

QUALITY REGULATIONS SECTIONS 

0 AND 12.2 TO INCORPORATE

REQUIREMENTS OF THE 

GREENHOUSE GAS 

TAILORING RULE

Clark County Department of Air Quality 

May 2012
ii

ACKNOWLEDGMENTS 

CLARK COUNTY BOARD OF COMMISSIONERS

Susan Brager, Chair 

Steve Sisolak, Vice-Chair

Larry Brown

Tom Collins

Chris Giunchigliani 

Mary Beth Scow

Lawrence Weekly

OFFICE OF THE COUNTY MANAGER

Don Burnette, County Manager 

Randy Tarr, Assistant County Manager 

Jeff Wells, Assistant County Manager 

DEPARTMENT OF AIR QUALITY

Lewis Wallenmeyer, Director

Tina Gingras, Assistant Director
iii

Executive Summary

This administrative state implementation plan (SIP) documents compliance with federal, state, 

and local requirements pertaining to the adoption of two amended Clark County Air Quality 

Regulations (AQRs), Sections 0 (“Definitions”) and 12.2 (“Permit Requirements for Major 

Sources in Attainment Areas”), discussing each rule and the rationale behind the changes 

adopted. 

On November 16, 2010, the Clark County Board of County Commissioners adopted revisions to 

Sections 0 and 12.2 of the AQRs. The amended rules provided the language necessary to 

establish Clark County’s authority to regulate emissions of greenhouse gases at stationary 

sources, consistent with the requirements of the federal Greenhouse Gas Tailoring Rule. On 

January 4, 2011, the two amended regulations were submitted to the Nevada Division of 

Environmental Protection and subsequently submitted to the Region 9 office of the U.S. 

Environmental Protection Agency (EPA) for incorporation into the Nevada SIP. 

During its review, EPA noted that the amended rules contained an incorrect reference date for 

the federal statutes that include the Greenhouse Gas Tailoring Rule requirements, 40 CFR § 

52.21(b)(49) and 40 CFR § 70.2. Since the amended regulations incorporate the Tailoring Rule 

requirements by reference, it is critical that the reference date be correct. The rules as amended 

on November 16, 2010, referenced the federal statute that existed on July 1, 2010—before the 

Tailoring Rule requirements became effective. In order to correct this, and to include the deferral 

of permitting requirements for biogenic emissions that became effective after the Board’s 

original rulemaking, the Board adopted amended versions of Sections 0 and 12.2 on March 6, 

2012 that used July 20, 2011 as the reference date for the federal statutes. 

This SIP submittal is intended to be used in conjunction with the SIP package submitted to the 

Nevada Division of Environmental Protection on January 4, 2011, replacing only the adoption 

ordinance and the version of the amended rules proposed for incorporation into the Nevada SIP. 

This package therefore focuses on the content of the amended rules and the documentation of the 

public review and hearing process that was part of the Board’s adoption of the amended rules. 
iv

TABLE OF CONTENTS

Executive Summary ..................................................................................................................... iii

Chapter 1: Summary of Rule Changes .................................................................................... 1-1

Chapter 2: Public Hearing Documentation (40 CFR 51.102) 

Notice of Public Hearing and Public Comment Period ......................................................... 2-1 

Agenda Item for Introduction of Ordinance .......................................................................... 2-2 

BCC Meeting Minutes, 2/21/12 ............................................................................................. 2-7 

Agenda Item for Approval and Adoption of Ordinance ........................................................ 2-9 

BCC Meeting Minutes, 3/6/12 ............................................................................................. 2-14 

Notice of Ordinance Approval and Adoption ...................................................................... 2-15 

Chapter 3: Legal Authority to Adopt and Implement

Clark County Ordinances ....................................................................................................... 3-1 

Nevada Revised Statutes ........................................................................................................ 3-3 

Compliance with Legal Requirements: Section 2 .................................................................. 3-5 

Chapter 4: Amended Sections 

Section 0: Strikeout/Underline ............................................................................................... 4-1 

Section 0: Clean Copy ......................................................................................................... 4-23 

Section 12.2: Strikeout/Underline ........................................................................................ 4-45 

Section 12.2: Clean Copy .................................................................................................. 4-114 
CHAPTER 1: SUMMARY OF RULE 

CHANGES
1-1

Chapter 1: Summary of Changes to the Amended Rules

Only one, very straightforward, change is needed to ensure that the Clark County Air Quality 

Regulations contain the language necessary to implement the requirements of the Greenhouse 

Gas Tailoring Rule: replacing the incorrect reference date with the correct one. The reference 

date is found in two AQRs: Section 0, “Definitions,” and Section 12.2.2, “Definitions,” in 

Section 12.2, “Permit Requirements for Major Sources in Attainment Areas (Prevention of 

Significant Deterioration).” The rule changes are summarized below.

Section 0: 

The definition of “Part 70 Source” was amended to include any source defined as a major source 

under 40 CFR § 70.2 as of July 20, 2011.

Section 12.2: 

The definition of “Major Stationary Source” at 12.2.2(ff)(1)(C) was amended to reflect the July 

20, 2011 date. 

The definition of “Regulated NSR Pollutant” at 12.2.2(pp)(4) was amended to reflect the July 20, 

2011 date.

The definition of “Significant” at 12.2.2(uu)(1) was amended to reflect the July 20, 2011 date.

To review the exact location of the date changes in the amended rules, see the strikeout/underline 

language within the ordinance approved by the Clark County Board of County Commissioners in 

Chapter 2.
CHAPTER 2: PUBLIC HEARING 

DOCUMENTATION
2-1
2-2
Strikeout material is that portion being deleted

Underlined material is that portion being added

 BILL NO.___________________________ 

SUMMARY – an ordinance to incorporate by reference 

Greenhouse Gas Tailoring Rule amendments into the Clark 

County Air Quality Regulations. 

ORDINANCE NO._______________________________________ 

 (of Clark County, Nevada) 

 

AN ORDINANCE TO AMEND CLARK COUNTY AIR QUALITY 

REGULATIONS SECTIONS 0 AND 12.2 TO INCORPORATE BY 

REFERENCE AMENDMENTS TO THE GREENHOUSE GAS TAILORING 

RULE THAT DEFER THE APPLICATION OF PERMITTING 

REQUIREMENTS TO SOURCES OF BIOGENIC CARBON DIOXIDE 

EMISSIONS UNTIL JULY 21, 2014; AND PROVIDE FOR OTHER MATTERS 

PROPERLY RELATING THERETO.

 THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF 

CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Clark County Air Quality Regulation Section 0 – Definitions, “Part 

70 Source” Subsection (a) is amended as follows: 

Any source defined as a major stationary source under Section 12.2.2(ff) or 

 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1, 2010 July 20, 

2011; 

SECTION 2. Clark County Air Quality Regulation Section 12.2 – Permit 

Requirements for Major Sources in Attainment Areas (Prevention of Significant 

Deterioration), Subsection 12.2.2(ff)(1)(C) of “Major Stationary Source” is amended to 

read as follows:

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of this 

definition which emits or has the potential to emit Greenhouse Gases (“GHGs”) 

 that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 1, 

 2010 July 20, 2011; or 

2-3
SECTION 3. Clark County Air Quality Regulation Section 12.2 – Permit 

Requirements for Major Sources in Attainment Areas (Prevention of Significant 

Deterioration), Subsection 12.2.2(pp)(4) of “Regulated NSR pollutant” is amended to 

read as follows:

Any pollutant that otherwise is subject to regulation under the Act as defined in 

 40 CFR §52.21(b)(49) as of July 1, 2010 July 20, 2011, . . . 

SECTION 4. Clark County Air Quality Regulation Section 12.2 – Permit 

Requirements for Major Sources in Attainment Areas (Prevention of Significant 

Deterioration), Subsection 12.2.2(uu)(1) of “Significant” is amended to read as follows: 

GHG: the sum of the six well-mixed GHGs on a mass basis greater than 0 tpy and 

the sum of the six well-mixed GHGs equal to or greater than 75,000 tpy CO2e as 

 defined in 40 CFR § 52.21(b)(49) as of July 1, 2010 July 20, 2011

SECTION 5. If any section of this ordinance or portion thereof is for any reason 

held invalid or unconstitutional by any court of competent jurisdiction, such holding shall 

not invalidate the remaining parts of this ordinance. 

SECTION 6. All ordinances, parts of ordinances, chapters, sections, subsections, 

clauses, phrases, or sentences contained in the Clark County Code in conflict herewith 

are hereby repealed. 

/ / /

2-4
SECTION 7. This ordinance shall take effect and be in force from and after its 

passage and the publication thereof by title only, together with the names of the County 

Commissioners voting for or against its passage, in a newspaper published in and having 

a general circulation in Clark County, Nevada, at least once a week for a period of two 

(2) weeks.

 

PROPOSED on the _____ day of _______________________, 2012. 

PROPOSED BY: Commissioner ____________________________ 

PASSED on the _____ day of __________________________ 2012. 

 AYES: _______________________________________ 

 _______________________________________ 

 _______________________________________ 

 _______________________________________ 

 _______________________________________ 

 _______________________________________ 

 _______________________________________ 

 NAYS:_______________________________________ 

 _______________________________________ 

 

 

/ / /

2-5
 ABSTAINING:______________________________________ 

ABSENT: _____________________________________ 

 ______________________________________ 

 

 BOARD OF COUNTY COMMISSIONERS

CLARK COUNTY, NEVADA 

 By:_________________________________ 

 SUSAN BRAGER, Chair

ATTEST:

______________________________________________ 

DIANA ALBA, County Clerk

This ordinance shall be in force and effect from and after 

the ______ day of __________________________ 2012. 

 

2-6
THIS PAGE INTENTIONALLY BLANK 
Board of County Commissioners 

SUSAN BRAGER 

 Chairman 

STEVE SISOLAK 

 Vice-Chairman 

TOM COLLINS 

CHRIS GIUNCHIGLIANI 

LAWRENCE WEEKLY 

LARRY BROWN 

MARY BETH SCOW 

COMMISSION CHAMBERS

GOVERNMENT CENTER

LAS VEGAS, CLARK COUNTY, NEVADA

TUESDAY, FEBRUARY 21, 2012 

 

The Board of County Commissioners of Clark County, Nevada, met in a special 

session, in full conformity with law and bylaws of said Board, at the regular place of 

meeting in the Commission Chambers, Government Center, Las Vegas, Clark County, 

Nevada on Tuesday, the 24th day of January, 2012, at the hour of 1:30 p.m. The 

meeting was called to order at the hour of 1:37 p.m. by Chairman Brager and, on roll 

call, the following members were present, constituting all of the members thereof: 

 

CALL TO ORDER

CHAIRMAN AND COMMISSIONERS:

Susan Brager

Tom Collins

Larry Brown

Chris Giunchigliani

Steve Sisolak

Lawrence Weekly

Mary Beth Scow 

 

Absent: None 

 

Also present:

Don Burnette, County Manager

Mary-Anne Miller, Deputy District Attorney

R. Jones, Deputy Clerk

K. Semplinski, Deputy Clerk 

61 Introduce an ordinance to amend Clark County Air Quality Regulations Sections 0 and 

12.2 to incorporate by reference the federal Greenhouse Gas Tailoring Rule amendments 

that became effective on July 20, 2011; providing for other matters properly related 

thereto; and set a public hearing. (For possible action)

2-7
 

ATTACHMENT: Clark County Agenda Item Template.doc

 

ATTACHMENT: ord to update GHG rule.DOC

 

BILL NO. 2-21-12-1 INTRODUCED BY COMMISSIONER SISOLAK/PUBLIC 

HEARING SET FOR MARCH 6, 2012 AT 10:00 A.M.

2-8
2-9
t. 

i 

\ 

8~ut material 'is'that poriio~ being deleted 

Underlined material is· thafportion being added 

BILLNO.. 2-21-12-1 

~y-'~,,:~rdi.nance' t() iJ;l,CQ.rpC)~te. Jly re~ence 

Greeri1iouseGa$ Tailori,ngRule alJl¢ilanlehtS inicfdie Clark 

County.·Air QwilitY'Regulatiorls. 

ORQrn.ANCENO.,~_40~O~7~~~~~~~=-_____ 
 (of(JIm(;otmty, Nevada) 


ANQRPINANCE TO, ~ND, QLARI(:.: CQuNtv, ,AJRQVALrrY, REGULATIONS SECTIbNS~ ,if:AND i2:2 TO INCORPORATE' BY 

REFERENCE AMENriMENTS'TO mE GREIDimOUSE'GAS TAILORING RiriE' 'THAT - 'DEFER. ", nniAPPLiC(nON: :o{':'PERMrri1NO 

REQ'(JiREMENfs' TOSOuitC~s ,Q~' B10<J);N1C C~bN 'bioXIDE EMI~~IOI'TS UJ'.mL JVl.Y 21, 201~;, A:tfP P~OVIp,E:FQIt 01Jffi~ MA~S PROPERLY RELATING THERETO. ''', " " '.' .. " ';,.. . 

'TIm BOARD OFCOUNTYCo¥.MISS~b~RS Of niECP.lrNTv OF 

CLA.RK,STATE OFNEVADA, DOES HEREBY ORDAIN AS F:OtLOWS: 

SE(;TION 1. Cl1lfkCounty ~rQuality Re~ti~n,SCFtion~-Deiinitjons, ''Part 

70'Source" SubSection (8) is amended as follows: 

Any soilfce <i¢'ined as a ,naj()f Statioiulti' source under S~on '12.2.7(fl) or 

!2.3.2(Y);:or'8.s a major source 'tinder 40 CFR §70.2 aSofJwy 'I, 20UUuly 20, wit; , . , . 

SECTION 2. CIarkGoWityAifQuhlity RegUlation SeCtion 12.2 -:- Perriiit. 

R,equirerpents fur Major Sources in Attainmen~ Areas (Preveption of Signifi~t 

Deterloration),Subsection 12.2.2(fI)(1)(<;) of"Major 'Stationary Source" is amended to 

read, as, ~llows: 

tt) Any stationary SOurce s~~ in paragr~phs (I)(A) or (i)(B) o(this 

~¢i~ti9r1 whic~ emitS ~r haS ili.~P9~tia!to~tGreenhouS¢ G~ (''GHGs'') 

tli8tare:subj~ to regUlation as defined In 40CFR §52.21(~)(49) as ofJttly 1, 

.2Oto July 20. 2011; or' . 

2-10
j 

SECTION 3. Clark County A.ir'Quality Regulation Section 12.2 - Permit 

Requirements for Major Sources in At1ainment Areas (Prevention ofSignificant 

Deteriomtion), Subsection 12.2.2(pp)(4) of"Regulated NSR pollutant" is amended to 

read as follows: 

Any pollutant thatotheIWise is subject tQ regulation under the Act as def"med in 

40 CPR §52.21(b)(49) as ofJuJy l.10tO July 20,2011, ... 

SECTION 4. Clark County Air Quality Regulation Section 12.2 - Permit 

Requirements for Major Sourcesin At1ainment Areas (Prevention ofSignificant 

Deteriomtion), Subsection 1~.2.~(uu)( I) Qf"Significant" is amended to read as follows: 

GHG: the sum of the six well-mixed GHGs on a mass basis greater than 0 tpy and 

the sum Qf the six well-mixed GHOs equal to or greater than 75,000 tpy C02e as 

defined in 40 CPR § 52.2I (b)(49) as ofJuly 1, 1010 July 20. 2011 

SECTION 5. Ifany section ofthis ordinance or portion thereof is for any reason 

held invalid or unconstitutional by any cOurt of competent juriSdiction, such holding shall 

not invalidate the remaining parts of this ordinance. 

SECTION 6. All ordinances, parts ofordinances, chapters, sections, subsections, 

clauses, phrases, or sentences contained in the Clark County Code in conflict herewith 

are hereby repealed. 

III 


2 


2-11
t. . 

SECTION 7. This ordinance shall take effect and be in force from and after its 

passage and the publication thereof by title only, together with the names of the County 

Commissioners voting for or against its passage, in a newspaper published in and having 

. a general circulation in Clark County, Nevada, at least once a week for a period oftwo 

(2) weeks. 

PROPOSED on the 21st dayof __--=-F.::.,:eb::...:.r...;;;u:..=.a.:...ry'--__--', 2012. 

PROPOSEDBY: Commissioner Steve Sisolak 

PASSEDonthe~dayof ___M_a_r_c_h_____2012. 

AYES: 	 Susan Brager 

Lawrence L. Brown III 

Tom Collins 

Chris Giunchigliani 

Mary Beth Scow 

Steve Sisolak 

Lawrence Weekly 

NAYS: None 

III 

3 

2-12
.... 

ABSTAINING:_·..:.::N=on=e:...-_________~_ 

ABSENT:~No~n~e__~~--------------

BOARD OFCOUNTY COMMISSIONERS 


CLARK. COUNTY, NEvADA 

D AALBA;CoUnty Clerk 

This ordinance shall be in force and effect from and after 

the 20th day of March 2012. 

4 


2-13
THIS PAGE INTENTIONALLY BLANK 
Board of County Commissioners 

SUSAN BRAGER 

 Chairman 

STEVE SISOLAK 

 Vice-Chairman 

TOM COLLINS 

CHRIS GIUNCHIGLIANI 

LAWRENCE WEEKLY 

LARRY BROWN 

MARY BETH SCOW 

COMMISSION CHAMBERS

GOVERNMENT CENTER

LAS VEGAS, CLARK COUNTY, NEVADA

TUESDAY, MARCH 6, 2012 

 

The Board of County Commissioners of Clark County, Nevada, met in a special 

session, in full conformity with law and bylaws of said Board, at the regular place of 

meeting in the Commission Chambers, Government Center, Las Vegas, Clark County, 

Nevada on Tuesday, the 24th day of January, 2012, at the hour of 1:30 p.m. The 

meeting was called to order at the hour of 1:37 p.m. by Chairman Brager and, on roll 

call, the following members were present, constituting all of the members thereof: 

 

CALL TO ORDER

CHAIRMAN AND COMMISSIONERS:

Susan Brager

Tom Collins

Larry Brown

Chris Giunchigliani

Steve Sisolak

Lawrence Weekly

Mary Beth Scow 

 

Absent: None 

 

Also present:

Don Burnette, County Manager

Mary-Anne Miller, Deputy District Attorney

R. Jones, Deputy Clerk

K. Semplinski, Deputy Clerk 

62 Conduct a public hearing; and approve, adopt, and authorize the Chair to sign an ordinance 

to amend Clark County Air Quality Regulations (AQR) Sections 0 and 12.2 to incorporate 

by reference the federal Greenhouse Gas Tailoring Rule amendments that became 

effective July 20, 2011; providing for other matters related thereto; and authorize the 

Director or his designee to make a record of comments and responses from the public 

2-14
hearing and then compile, finalize, and submit the ordinance and all related documentation 

required by AQR Section 2 to the Nevada Division of Environmental Protection and the 

United States Environmental Protection Agency for approval and amendment of the 

Nevada State Implementation Plan. (For possible action) 

 

ATTACHMENT: Clark County Agenda Item Template.doc

 

ATTACHMENT: Ordinance Title 12.2.Greenhouse.pdf

 

MOVED BY: Tom Collins

ACTION: APPROVED (INCLUDING ADOPTION OF ORDINANCE NO. 4007) AS 

RECOMMENDED 

VOTE: 7-0 

VOTING AYE: Mary Beth Scow, Lawrence Weekly, Steve Sisolak, Susan Brager, Tom 

Collins, Chris Giunchigliani, Larry Brown 

VOTING NAY: NONE 

ABSTAINING: NONE 

ABSENT: NONE 

2-15
2-16
THIS PAGE INTENTIONALLY BLANK 
CHAPTER 3: LEGAL AUTHORITY 

TO IMPLEMENT
THIS PAGE INTENTIONALLY BLANK 
9.08.040 Board powers and duties. Page 1 of 1 

Title 9 PUBLIC HEALTH AND SANITATION* 

Chapter 9.08 AIR QUALITY AND ENVIRONMENTAL MANAGEMENT* 

9.08.040 Board powers and duties. 

The board of county commissioners shall: 

(a) Adopt, promulgate and amend rules and regulations, and procedures for carrying into effect and 

administering fully the provisions of this chapter and Chapter 445B of the Nevada Revised Statutes; 

(b) Have the power and duty to enforce this chapter; 

(c) Have the power to exercise any other air quality permitting, compliance, planning and management 

powers conferred by local, state, or federal law to a local air pollution control agency; 

(d) Have the power and exercise any other environmental planning and management powers conferred 

by local, state, or federal law. (Ord. 3085 § 17, 2004) 

http://ordlink.com/codes/clarknv/_DATA/TITLE09/Chapter_9_08_AIR_QUALITY_AND_ENVIR/9_08...1/26/2006 

3-1
9.08.130 Air quality regulations. Page 1 of 1 

Title 9 PUBLIC HEALTH AND SANITATION* 

Chapter 9.08 AIR QUALITY AND ENVIRONMENTAL MANAGEMENT* 

9.08.130 Air quality regulations. 

(a) The air quality regulations adopted by reference pursuant to NRS 4458.610(3) on July 1,2001, (three 

copies of which are available for inspection in the office of the county clerk, commission division) may 

be amended from time to time. including additions and deletions, in accordance with NRS 4458.500. 

(b) Wherever "department of air quality managemenf appears in the air quality regulations in effect on 

July 1. 2004, this term shall be substituted with "department of air quality and environmental 

management.

n 

(c) Wherever "control officer" appears, this term shall mean the air pollution control officer appointed by 

the county manager under the provisions ofthis section. (Ord. 3085 § 23.2004) 

http://ordlink.com/codes/clarknv/_DATA/TITLE09/Chapter_9_08_AIR_QUALITY_AND_ENVIR/9_08...1/26/2006 

3-2
NRS 445B.210 Powers of Commission. The Commission may:

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

of NRS 445B.100 to 445B.640, inclusive, to prevent, abate and control air pollution.

 2. Establish standards for air quality.

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

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

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

pollution.

 6. By regulation:

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

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

 (b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted 

from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b), based upon the Commission’s 

determination of the extent to which such a substance presents a risk to the public health.

 7. Hold hearings to carry out the provisions of NRS 445B.100 to 445B.640, inclusive, except as otherwise 

provided in those sections.

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

sources of air contaminants must be established to achieve air quality standards that protect the health of the 

residents of the State of Nevada.

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

amounts of air contaminants.

 (Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230; 2007, 1907) 

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

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

board; notice of public hearings; delegation of authority to determine violations and levy administrative 

penalties; cities and smaller counties; regulation of certain electric plants prohibited.

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

 (a) The district board of health, county board of health or board of county commissioners in each county whose 

population is 100,000 or more shall establish a program for the control of air pollution and administer the program

within its jurisdiction unless superseded.

 (b) The program:

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

variance procedures established by ordinance or local regulation which are equivalent to or stricter than those 

established by statute or state regulation;

 (2) May, in a county whose population is 400,000 or more, include requirements for the creation, receipt and 

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

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

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

pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640, inclusive, and the Federal 

Act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for 

the county the benefits of the Federal Act.

 (d) Powers and responsibilities provided for in NRS 445B.210, 445B.240 to 445B.470, inclusive, 445B.560, 

445B.570, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities 

within their jurisdiction.

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

notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of 

NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations 

and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon 

transfer of authority as provided in NRS 445B.610. 

 3. In a county whose population is 400,000 or more, the local air pollution control board may delegate to an 

independent hearing officer or hearing board its authority to determine violations and levy administrative penalties 

for violations of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.500 to 445B.640, inclusive, or 

any regulation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected 

must be deposited in the county treasury in an account to be administered by the local air pollution control board to a 

3-3
maximum of $17,500 per year. The money in the account may only be used to defray the administrative expenses 

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

inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the 

violation occurred and must be accounted for separately in the fund. A school district may spend the money received 

pursuant to this section only in accordance with an annual spending plan that is approved by the local air pollution 

control board and shall submit an annual report to that board detailing the expenditures of the school district under 

the plan. A local air pollution control board shall approve an annual spending plan if the proposed expenditures set 

forth in the plan are reasonable and limited to:

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

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

retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated to 

reduce emissions from the amount of emissions produced by the use of traditional fuels such as gasoline and diesel 

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

and 7502.

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

administration and enforcement through cooperative or interlocal agreement with one or more other counties, or 

through agreement with the State, or may establish its own program for the control of air pollution. If the county 

establishes such a program, it is subject to the approval of the Commission.

 5. No district board of health, county board of health or board of county commissioners may adopt any 

regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of 

emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

 6. As used in this section, “plants which generate electricity by using steam produced by the burning of fossil 

fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does 

not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of 

whether the plant includes duct burners.

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

1993, 175; 1997, 1999; 1999, 1976; 2001, 1296, 1515; 2003, 44; 2007, 319) 

3-4
With one exception, Section 2 of the Clark County Air Quality Regulations contains all the 

administrative requirements of federal, state, and local statutes pertaining to the adoption of 

regulations. As documented in this SIP submittal, each requirement has been met. Section 2 does 

not reflect the 2007 change to 40 CFR 51.102(a), which clarified the requirement that a public 

hearing be conducted only after at least 30 days of public notification and the opportunity to 

submit written comments. However, as the notices of hearing and the comment section show, the 

rulemaking process met these requirements. 

Under Section 237 of the Nevada Revised Statutes, a Business Impact Notice and Business 

Impact Statement are required. These documents, along with the Board’s agenda item accepting 

them, are available from DAQEM upon request. 

3-5
 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 2 - PROCEDURES FOR ADOPTION AND REVISION OF 

REGULATIONS AND FOR INCLUSION OF THOSE 

REGULATIONS IN THE STATE IMPLEMENTATION PLAN 

2.1 Purpose. 

(a) The purpose of this regulation is to set forth the general procedural 

requirements for the adoption and revision of Clark County Air Quality 

Regulations and for inclusion of certain of those regulations in the State 

Implementation Plan in accordance with NRS §§ 244.095-.119, NRS §§ 

237.030-.110, NRS §§ 445B .215 and .500(2), Section 110 of the Act, and 

40 C.F.R. Part 51. The Board of County Commissioners (“BCC”) shall 

comply with any additional applicable procedural requirements pursuant to 

federal, state, or local law. 

2.2 Procedures for Adoption and Revision of the Air Quality Regulations by 

Ordinance. 

 

2.2.1 Enactment by Bill; Summary and Title. 

• No ordinance shall be adopted by the BCC except by bill. When an 

ordinance is amended, the section or sections thereof shall be reenacted 

as amended, and no ordinance shall be revised or amended by reference 

only to its title. 

 

• Every ordinance shall bear a summary, which shall appear before the title 

and which shall state in brief the subject matter of the ordinance. 

 

• The subject of each ordinance shall be clearly indicate d in the title. In any 

case in which the subject of the ordinance is not described in the title, the 

ordinance shall be void as to the matter not described. 

2.2.2 Notice of Public Hearing; Introduction of Ordinance; Publication of Hearing 

Procedures for Enactment; Publication of Revised Ordinance. 

Amended 12/20/05 2-1 

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(a) Notice of Public Hearing. Notice of the public hearing on an ordinance 

which is to be considered by the BCC must be given in any newspaper, 

pursuant to the provisions of chapter 238 of NRS, once a week for three 

weeks commencing at least 30 days before the hearing. The notice must 

specify with particularity the reasons for the proposed ordinance and 

provide other informative details. 

(b) Introduction of Ordinance. All proposed ordinances including ordinances 

proposed for inclusion in the SIP, when first proposed, must be read by 

title to the BCC, immediately after which at least one copy of the proposed 

ordinance must be filed with the County Clerk for public examination in 

each district in which it will apply. 

(c) Publication of Hearing. Notice of the filing, together with the title and an 

adequate summary of the ordinance, and the date on which a public 

hearing will be held, must be published once in a newspaper published in 

the county at least 10 days before the date set for the hearing. 

(d) Enactment. The BCC shall adopt or reject the ordinance, or the ordinance 

as amended, within thirty-five (35) days after the date of the close of the 

final public hearing, except that in cases of emergency, by unanimous 

consent of the whole BCC, final action may be taken immediately or at a 

special meeting called for that purpose. 

(1) After adoption, the ordinance must be: 

(i) Signed by the chairman of the BCC. 

(ii) Attested by the County Clerk. 

 

 (iii) Published by title only, together with the names of the County 

commissioners voting for or against its passage, in a newspaper 

published in and having a general circulation in the County, at least 

once a week for a period of two (2) weeks before it goes into effect. 

Publication by title must also contain a statement to the effect that 

typewritten copies of the ordinance are available for inspection at 

the office of the County Clerk by all interested persons. 

(e) Publication of Revised Ordinance. Whenever a revision is made and the 

revised ordinances are published in book or pamphlet form by authority of 

the BCC, no further publication is necessary. 

 (1) Except in an emergency, before acting upon a new or amended 

ordinance the BCC must hold a hearing at which interested persons 

may present their views. The public hearing may be held in 

conjunction with the meeting provided for in subsection 2.2.2(d). 

Amended 12/20/05 2-2 

CC Air Quality Regulations

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2.2.3 Style of Ordinances. 

(a) The style of the ordinances shall be as described in NRS § 244.110. 

 

2.2.4 Adoption of Ordinances Affecting Businesses; Economic Impact Analysis. The 

BCC shall comply with the provisions set forth in NRS §§ 237.030 through 

237.110. 

2.2.5 Variance Between Ordinance and Published Notice of Proposed Ordinance. 

(a) The BCC may not consider an ordinance that is substantially different 

from the proposed ordinance contained in the notice of proposed rule 

making filed with the County Clerk pursuant to subsection 2.2.2(b). 

However, the BCC may terminate a rule making proceeding and 

commence a new rule making proceeding for the purpose of making a 

substantially different rule. 

(b) In determining whether an ordinance is substantially different from the 

published proposed ordinance on which it is required to be based, all of 

the following must be considered: 

(1) The extent to which all persons affected by the ordinance should 

have understood that the published proposed ordinance would 

affect their interests. 

(2) The extent to which the subject matter of the ordinance or the 

issues determined by that ordinance are different from the subject 

matter or issues involved in the published proposed ordinance. 

 (3) The extent to which the procedure contained in the ordinance or the 

effects of the ordinance differ from the procedure or effects of the 

published proposed ordinance if it had been made instead. 

2.3 Additional Procedures for the Adoption and Revision of Regulations and 

Other Materials to be Incorporated in the State Implementation Plan. 

2.3.1 Applicability. To the extent an air quality regulation is also to be submitted to the 

Nevada Division of Environmental Protection (“NDEP”) for inclusion in the SIP 

under § 110 of the Act, the procedures described in this section 2.3 shall be 

followed. These procedures shall apply to submission of: 

(a) Any revision to the SIP described by 40 C.F.R. § 51.104(a). 

(b) Any individual compliance schedule under 40 C.F.R. § 51.260. 

Amended 12/20/05 2-3 

CC Air Quality Regulations

3-8
 

 (c) Any other SIP revision submitted to NDEP pursuant to 40 C.F.R. 

§ 51.104(d). 

2.3.2 Additional Procedural Requirements. 

(a) Public Notice. Any notice required by subsection 2.2.2(a) will also include 

notice to: 

(1) The Administrator (through the appropriate regional office). 

(2) Notification to each local air pollution control agency and tribal 

government which will be significantly impacted by such plan, 

schedule or revision; 

(3) In the case of an interstate region, notification to any other States 

included, in whole or in part, in the regions which are significantly 

impacted by such plan or schedule or revision. 

 (4) In addition to the public notice requirements provided herein, the 

BCC may require that notice be given in an alternate publication or 

forum. 

(b) Public hearings. 

(1) Separate hearings may be held for plans to implement primary and 

secondary standards. 

(2) No hearing will be required for any change to an increment of 

progress to an approved individual source compliance schedule 

unless that change is likely to cause the source to be unable to 

comply with the final compliance date in the schedule. 

(c) Recording-keeping and Certification of Public Hearing. 

(1) The Department of Air Quality and Environmental Management 

(“DAQEM”), on behalf of the BCC, shall prepare and retain, for 

inspection by the Administrator upon request, a record of each 

hearing and each written comment. The hearing record must 

contain, at a minimum, a list of commenters together with the 

content of each presentation. 

 (2) The BCC shall submit to NDEP with the plan, revision, or schedule 

a certification that the hearing required by 40 C.F.R. § 51.102(a) 

was held in accordance with the notice required by 40 C.F.R. § 

51.102(d). 

Amended 12/20/05 2-4 

CC Air Quality Regulations

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2.3.3 Submission of Plans; Preliminary Review of Plans. 

(a) The following items shall be included with ordinances, compliance plans or 

other SIP components to be submitted to NDEP for transmittal to EPA: 

(1) SIP administrative materials: 

(i) Evidence that the BCC has adopted the SIP in accordance with 

applicable state and local law or issued the permit, order, consent 

agreement or other SIP component in final form in accordance with 

40 C.F.R. Part 51. That evidence must include the date of adoption 

or final issuance as well as the effective date of the revision or 

other component, if different from the adoption/issuance date. 

(ii) Evidence that the BCC has the necessary legal authority to adopt 

and implement the SIP. 

(iii) A copy of the actual ordinance, or document submitted for approval 

and incorporation by reference into the SIP, including indication of 

the changes made to the existing approved SIP, where applicable. 

The submittal may be a copy of the official ordinance/document 

signed, stamped, dated by the appropriate BCC official indicating 

that it is fully enforceable by the BCC. The effective date of the 

ordinance/document must, whenever possible, be indicated in the 

document itself. 

(iv) Evidence that public notice was given of the proposed change 

consistent with EPA procedures, including the date of publication of 

that notice. 

(v) Certification that public hearing(s) were held in accordance with 

information provided in the public notice and applicable state and 

local law, if required. 

(vi) Compilation of public comments and the BCC's response. 

(2) Technical Support. 

(i) Identification of all regulated pollutants affected by the ordinance, 

compliance plan or other SIP component. 

(ii) Identification of the locations of affected sources. 

(iii) Quantification of the changes in SIP allowable emissions from the 

affected sources; estimates of changes in current actual emissions 

from affected sources or, where appropriate, quantification of 

Amended 12/20/05 2-5 

CC Air Quality Regulations

3-10
changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and 

allowable emissions anticipated as a result of the revision. 

(iv) Evidence, where necessary, that emission limitations are based on 

continuous emission reduction technology. 

(v) Evidence that the plan contains emission limitations, work practice 

standards and record-keeping/reporting requirements, where 

necessary, to ensure compliance with emission levels. 

(vi) Compliance/enforcement strategies, including how compliance will 

be determined in practice. 

(b) The BCC, through its submission to NDEP for transmittal to the 

Administrator, may submit those elements of the SIP awaiting formal 

adoption for EPA’s comment prior to adoption under the “parallel 

processing” procedures of 40 C.F.R. Part 51, § 51.103(b), Appendix V, 

Section 2.3.1. SIP provisions undergoing parallel processing are not 

subject to the requirements of subsection 2.3.3(a)(1) but must meet all 

requirements of subsection 2.3.3(a)(2). The following requirements apply 

to plans submitted for parallel processing: 

(1) A letter requesting that EPA propose approval of the proposed plan 

by parallel processing. 

(2) In lieu of subsection 2.3.3(a)(1)(i), the BCC shall submit a schedule 

for final adoption or issuance of the plan. 

(3) In lieu of subsection 2.3.3(a)(1)(iii), the submission shall include a 

copy of the proposed/draft regulation or document, including 

indication of the proposed changes to be made to the existing 

approved plan, where applicable. 

(4) The requirements of subsections 2.3.3(a)(1)(v)-(vi) do not apply to 

plans submitted for parallel processing. 

(c) Parallel Processing applies only to EPA’s determination of proposed 

action. The BCC must meet all requirements of subsection 2.3.3(a)(2) 

prior to publication of EPA’s final determination of plan approvability. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

History: Amended: November 18, 1993; December 19, 1996; February 20, 2001; June 3, 2003; July 1, 2004; December 

20, 2005. 

Amended 12/20/05 2-6 

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3-11
THIS PAGE INTENTIONALLY BLANK 
CHAPTER 4: AMENDED AIR 

QUALITY REGULATIONS
SECTION 0: 

STRIKEOUT/UNDERLINE

4-1
SECTION 0: DEFINITIONS

In these Air Quality Regulations (AQRs), incorporated into the Clark County Code at 

Section 9.08.130, unless the context otherwise requires:

"Act" means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq.

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from 

an emissions unit, as determined in accordance with this definition:

(a) In general, actual emissions as of a particular date shall equal the average 

rate, in tons per year, at which the emissions unit actually emitted the 

regulated air pollutant during a consecutive 24-month period which precedes 

the particular date and which is representative of normal source operation. 

The Control Officer shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, 

production rates, and types of materials processed, stored, or combusted 

during the selected time period.

(b) If there is inadequate information to determine actual historical emissions, 

the Control Officer may presume that source-specific allowable emissions 

for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit 

on that date.

"Administrator" means the Administrator of the United States Environmental Protection 

Agency (EPA) or the Administrator's designee.

"Affected Source" means a source that includes one or more affected units that are subject 

to the acid rain requirements under Title IV of the Act or subject to a standard or other 

requirement under Sections 112(d), (f) or (h) of the Act.

"Affected State(s)" means all States whose air quality may be affected that are located 

contiguous to or within fifty (50) miles of Clark County, Nevada, including Arizona, 

California, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of 

the permitted source shall be considered an Affected State.

"Affected Unit" means a unit that is subject to any requirement under Title IV of the Act. 

"Agricultural Operations" means the growing of crops for profit or the growing of crops for 

the purpose of providing life support to a considerable number of people, animals, or fowl.

4-2
“Air Contaminants” means any solid, liquid, or gaseous matter, any odor, or any form of 

energy that is capable of being released into the atmosphere from an emission source.

"Airplane Refueling Area" means a place capable of receiving, storing and dispensing one 

or more types of gasoline or petroleum distillate for consumption by airplanes.

"Air Pollution" means the presence in the outdoor atmosphere of one or more air pollutants 

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

(a) Injure human health or welfare, animal or plant life, or property;

(b) Limit visibility or interfere with scenic, aesthetic and historic values of 

the State; or

(c) Interfere with the enjoyment of life or property.

"Air Quality Area" means the airshed regions within Clark County, Nevada, designated as 

a serious Nonattainment Area, moderate Nonattainment Area, or Prevention of 

Significant Deterioration (PSD) Area. The following table lists the air quality areas for each 

criteria air pollutant by air quality planning region: 

Air Quality Areas for each Criteria Air Pollutant

by Air Quality Planning Region

PM10 CO VOC NOx SO2 and Pb

Serious

Nonattainment Area LV LV

Moderate

Nonattainment Area

Prevention of 

Significant 

Deterioration (PSD) 

Area

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM,

VV, BA, 

GB, GA1

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM, 

VV, BA, 

GB, GA

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA

LV, EV, IV, 

SI, JL, SH, 

GV, NH, PV, 

CV, MS, 

PR, ST, FF, 

IS, NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, BA, 

GB, GA

1

See “Airshed Regions within Clark County, Nevada” table on p. 3 for region abbreviations.

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of 

one hydrographic area, as listed in the definition of airshed region, which is used for air 

quality planning purposes.

4-3
"Airshed Region" or “Airshed” means an area within Clark County, Nevada, consisting of 

one hydrographic area as listed in the following table:

AIRSHED REGIONS within Clark County, Nevada

AIR QUALITY PLANNING REGION AIRSHED REGION

AIR QUALITY PLANNING 

REGION Abbreviation

Las Vegas Valley HYDROGRAPHIC AREA 212 LV

Eldorado Valley HYDROGRAPHIC AREA 167 EV

North Ivanpah Valley HYDROGRAPHIC AREA 164A IV

South Ivanpah Valley HYDROGRAPHIC AREA 164B SI

Jean Lake Valley HYDROGRAPHIC AREA 165 JL

South Hidden Valley HYDROGRAPHIC AREA 166 SH

Garnet Valley HYDROGRAPHIC AREA 216 GV

North Hidden Valley HYDROGRAPHIC AREA 217 NH

Paiute Valley HYDROGRAPHIC AREA 214 PV

Colorado River Valley HYDROGRAPHIC AREA 213 CV

Mesquite Valley HYDROGRAPHIC AREA 163 MS

Pahrump Valley HYDROGRAPHIC AREA 162 PR

South Three Lakes Valley HYDROGRAPHIC AREA 211 ST

Frenchman Flat HYDROGRAPHIC AREA 160 FF

Indian Springs Valley HYDROGRAPHIC AREA 161 IS

North Three Lakes Valley HYDROGRAPHIC AREA 168 NT

Tikapoo Valley HYDROGRAPHIC AREA 169B TV

California Wash HYDROGRAPHIC AREA 218 CW

Muddy River Springs Area HYDROGRAPHIC AREA 219 MR

Lower Meadow Valley Wash HYDROGRAPHIC AREA 205 MW

Coyote Springs Valley HYDROGRAPHIC AREA 210 CS

Lower Moapa Valley HYDROGRAPHIC AREA 220 LM

Virgin River Valley HYDROGRAPHIC AREA 222 VV

Black Mountains Area HYDROGRAPHIC AREA 215 BA

Gold Butte Area HYDROGRAPHIC AREA 223 GB

Greasewood Area HYDROGRAPHIC AREA 224 GA

If a hydrographic area extends beyond the boundary of Clark County and the State of 

Nevada, only the portion that is within the boundary of Nevada is included in the definition 

of airshed region.

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using 

the maximum rated capacity of the source (unless the source is subject to practically 

enforceable limits which restrict the operating rate, hours of operation, or both) and the 

most stringent of the following:

4-4
(a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 

or 63;

(b) Any applicable Nevada State Implementation Plan (SIP) emission limitation, 

including those with a future compliance date; or

(c) The emissions rate specified as a practically enforceable permit condition, 

including those with a future compliance date.

"Apex Valley" means the geographical area that coincides with the boundary of 

Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic 

Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map 

is contained in the definition of Hydrographic Areas.

"Applicable Requirement" means any of the following requirements as they apply to an 

emissions unit covered by a permit issued pursuant to Section 12 of the AQRs:

(a) Any standard or requirement included in the Nevada SIP approved or 

promulgated by EPA through rulemaking under Title I of the Act that 

implements the relevant requirements of the Act, including any revisions to 

that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any permit issued pursuant to Section 12 of the 

AQRs;

(c) Any requirement under Section 111 (“New Source Performance 

Standards”) of the Act;

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the 

Act; 

(e) Any standard or other requirement of the Acid Rain Program under Title IV 

of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to Section 504(b) or Section 

114(a)(3) (“Monitoring, Analysis and Compliance”) of the Act;

(g) Any requirement relating to solid waste incineration under Section 129 

(“Solid Waste Combustion”) of the Act;

(h) Any requirement for consumer or commercial products under Section 

183(e) (“Ozone”) of the Act;

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel 

Standards”) of the Act;

4-5
(j) Any standard or requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Act, unless the EPA determines 

that any such requirement need not be contained in a Part 70 Permit;

(k) Any national ambient air quality standard or increment or visibility 

requirement under Part C of Title I of the Act, but only as it would apply to 

temporary sources permitted pursuant to Section 504(e) (“Temporary 

Sources”) of the Act;

(l) Any requirement necessary to comply with the prohibition in Sections 

126(a)(1) and 126(c) (“Interstate Pollution Abatement”) of the Act; and

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air 

Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance 

Conditions.”

"Application Area" means the area where surface coating is applied by spraying, dipping or 

flow-coating techniques.

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a 

permit issued to a Part 70 source by the Control Officer pursuant to Section 12.4.3 of 

the AQRs that:

(a) Authorizes the construction and an initial period of operation of a new Part 

70 source, or the modification or reconstruction of an existing Part 70 

source; and

(b) Includes the conditions which apply to the construction and an initial 

period of operation of a new Part 70 source, or the modification or 

reconstruction of an existing Part 70 source.

"Best Management Practices" means dust control measures that are based on each 

project soil type, project activity, and phasing as required by the applicable standards of 

Sections 91 through 94 of these AQRs. These practices shall be included in each Dust 

Control Permit and Dust Mitigation Plan and are established to meet the goal of reducing 

particulate emissions from construction sites. Additionally, some practices are designed to

address the economic and environmental purposes of reducing the amount of water to be 

used for dust control.

"British Thermal Unit" or “BTU” means that quantity of heat required to raise the 

temperature of one pound of water 1 degree F. 

“Building, structure, facility, or installation” means all of the pollutant-emitting activities 

that belong to the same industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same person (or persons under 

common control) except the activities of any vessel. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same ‘‘Major 

4-6
Group’’ (which have the same first two digit code) as described in the Standard 

Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101–0066 and 003–005–00176–0, 

respectively) or the North American Industry Classification System, as published in 

2002.

"Building Vent" means an opening of a building through which there is mechanically 

induced air flow for the purpose of exhausting emissions. 

"Chemical Process" means a manufacturing operation in which one or more changes in 

chemical composition, chemical properties, or physical properties are involved.

"Clearing and Grubbing" means the removal of tree stumps, shrubs, trash, and dirt piles 

before excavation of a site. 

"Combined Tank Capacity" means all gasoline storage tanks at the gasoline station.

"Combustible Refuse" means any waste material that can be consumed by combustion. 

"Commence" or “Commencement” as applied to construction of a stationary source or 

modification means that the owner or operator has all necessary preconstruction 

approvals or permits and has:

(a) Begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time or

(b) Entered into binding agreements or contractual obligations, which cannot be 

canceled or modified without substantial loss to the owner or operator, to

undertake a program of actual construction of the source to be completed 

within a reasonable time.

“Commence Operation” or "Commencing Operation" means to have begun any 

mechanical, chemical, or electronic process, including, with regard to a unit, start-up of 

a unit’s combustion chamber that changes the location, form, physical properties, or 

chemical character of a material.

"Commercial and Residential Construction" means construction of structures intended to 

be utilized solely as personal dwellings, including but not limited to single family homes, 

duplexes, fourplexes, apartments, condominiums, and town houses; construction of 

institutional structures, schools, libraries, churches, hospitals, parks, office structures; 

shopping malls; residential streets within a subdivision; improvements to existing curbed 

paved roads; parking lots, parking lot structures; and construction of underground utilities 

for sanitary sewer, water, electricity, natural gas and communication.

“Complete” means, in reference to an application for a permit, that the application

contains all of the information necessary for processing the application. Designating an 

4-7
application complete for purposes of permit processing does not preclude the reviewing 

authority from requesting or accepting any additional information.

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit), that would result in a change in emissions. 

"Construction Activity" means the following activities: commercial and residential 

construction, flood control construction, and highway construction as defined in Section 0.

"Control Measure" means a technique, practice, or procedure used to prevent or minimize 

the generation, emission, entrainment, suspension, and/or airborne transport of fugitive 

dust. 

"Control Officer" means the Air Pollution Control Officer appointed by the County Manager, 

the Control Officer’s designee or individual staff members who have been delegated the 

authority by the Control Officer or his /her designee to perform specific Control Officer 

functions.

“Date of Submittal” means the date a document is postmarked, if the document is 

delivered by the U.S. Postal Service. If the document is hand delivered by the document 

owner, his/her representative or a commercial carrier, the date of submittal is the date the 

document is date stamped by the department.

“Designated Trail” means any trail designated by a public agency for use by 

equestrians, hikers, bicycles, or other nonmotorized forms of travel.

"Dispatchable Peak Shaving" means a program by which peak shaving operations will be 

scheduled and controlled by the serving public utility to those times essential to maintain a 

reliable, area-wide, supply source of electrical energy. 

"Disturbed Surface Area" means a portion of the earth's surface (or material placed 

thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its 

undisturbed native condition, thereby increasing the potential for the emission of fugitive 

dust. 

"Dust Palliative" means hygroscopic material, non-toxic chemical stabilizer or other dust 

palliative material that is not prohibited for ground surface application by the EPA or the 

Nevada Division of Environmental Protection (NDEP) or by any applicable law or 

regulation, as a treatment material for reducing fugitive dust emissions. Water, 

solutions of water and chemical surfactants, and foam are not dust palliatives for the 

purpose of these regulations. 

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or 

any other dust palliative which is not prohibited for ground surface application by the 

4-8
EPA or NDEP or by any applicable law or regulation, as a treatment material for 

reducing fugitive dust emissions. 

"Electric Utility Steam Generating Unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one third (1/3) of its potential electric 

output capacity and more than twenty-five (25) MW of electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility.

"Eldorado Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 167 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the definition 

of hydrographic areas. 

"Emergency" means a situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including Acts of God.

"Emission(s)" or "Emit(s)" means the release or the passing into the ambient air of a 

regulated air pollutant. 

“Emission Limit” or “Emission Limitation” means a requirement established by the Control 

Officer or the Administrator that limits the quantity, rate, or concentration of emission of air 

pollutants on a continuous basis, including any requirement relating to the operation or 

maintenance of a source to assure continuous emission reduction, and any design,

equipment, work practice or operational standard promulgated under these regulations or 

the Act.

“Emissions Unit" means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant. 

"EPA" means the United States Environmental Protection Agency.

"Ethanol" means an alcohol with the chemical formula CH3CH2OH.

"Excess Emissions" means emissions in excess of an emission limitation.

"Existing Emissions Unit" means, unless otherwise specified in these regulations, an 

emissions unit that has either been authorized to commence construction or modification 

or has commenced construction or modification prior to the effective date of rule.

"Existing Stationary Source" means, unless otherwise specified in these regulations, any 

stationary source that has either been authorized to commence construction or 

modification or has commenced construction or modification prior to the effective date of 

rule. 

4-9
“Federal Land Manager” means, with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

"Federally Enforceable" means all limitations and conditions which are enforceable by 

the Administrator.

"Flood Control Construction" means construction of flood detention basins, flood diversion 

channels, box culverts, and excavations intended to capture or retain water.

"Fuel" means material which is capable of releasing energy or power by combustion or 

other chemical or physical reaction.

"Fuel Burning Equipment" means any device used for the burning of fuel for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of 

combustion do not come into direct contact with any other materials. 

"Fuel Oil" means a liquid fuel derived from crude oil or petroleum, including distillate oil, 

residual oil, and used oil.

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is 

entrained in the ambient air and is caused from human and/or natural activities, such 

as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For 

the purpose of these regulations, fugitive dust does not include particulate matter 

emitted directly from the exhaust of motor vehicles and other internal combustion 

engines, from portable brazing, soldering, or welding equipment, and from pile drivers, 

and does not include emissions from process and combustion sources that are subject 

to other sections of these regulations.

"Fugitive Emissions" means those emissions which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening.

"Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of four 4 

pounds per square inch or greater. 

"Gasoline Dispensing Operation” means a facility, except bulk distribution terminal, that is 

capable of receiving, storing, and dispensing to a motor vehicle one or more grades of 

gasoline.

“Good Engineering Practice (GEP) Stack Height” means a stack height meeting the 

requirements described in Subsection 12.2.7.3 of the AQRs.

“Hazardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 

112(b) of the Act. 

4-10
"Highway Construction" means construction of roadway systems including arterials, 

expressways, interstates, tunnels, overpasses, bridges, interchanges and airport runway 

improvements, but not residential streets within a subdivision.

"Hydrographic Basin Areas" or “Hydrographic Areas” means the areas within Clark 

County, Nevada as defined in the State of Nevada Hydrographic Areas Map, prepared by 

the Division of Water Resources, Rev. 9/71. A hydrographic area may extend into 

adjacent county(s), but the hydrographic area will terminate at the state boundary. The 

following map, provided for quick reference, represents the hydrographic areas and air 

quality planning regions within the Clark County boundary and excludes only the portion of 

the hydrographic area that is outside of the Nevada boundary:

4-11
One Inch = 15 miles

4-12
"Incinerator" means any furnace used in the process of burning waste for the primary 

purpose of reducing the volume of the waste by removing combustible matter.

"Insignificant Activities and Emissions" means those activities that meet the criteria set 

forth in subsection 12.5.2.5.

"Ivanpah Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 164A (also known as North Ivanpah Valley) as reported in the 

Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An 

approximate map is contained in the definition of hydrographic areas.

"Las Vegas Valley" means that geographical area that coincides with the boundary of the 

Hydrographic Area 212 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the 

definition of hydrographic areas.

"Leak Free" means a liquid leak of less than three (3) drops per minute. 

"Methyl Tertiary Butyl Ether (MTBE)” means an ether with the chemical formula 

(CH3)3C(-OCH3).

"Motocross Race Course" means a closed loop course established on improved or 

unimproved property upon which the actual track may be dirt, gravel, pavements or other 

surface encompassing an area of less than fifty (50) acres.

"Motor Vehicle" means every device in, upon, or by which any person or property is, or 

may be, transported or drawn upon a road or highway, except devices moved by human 

power or used exclusively upon stationary rails. 

"Natural Cover" means any vegetation that exists on the property.

“Nonattainment Area" means any geographic region of the United States that has been 

designated as “nonattainment” under Section 107 of the Act for any pollutant for which a 

National Ambient Air Quality Standard exists.

"Non-metallic Mineral" means any of the following minerals or any mixture that contains

more than fifty percent (50%) by weight any of the following minerals: 

(a) Crushed and broken stone, including limestone, dolomite, 

granite, traprock, sandstone, quartz, quartzite, marl, marble, 

slate, shale, oil shale, and shell; 

(b) Sand and Gravel;

(c) Clay, including Kaolin, Fireclay, Bentonite, Fuller’s Earth, Ball 

Clay, and Common Clay;

4-13
(d) Rock Salt;

(e) Gypsum;

(f) Sodium Compounds, including Sodium Carbonate, Sodium 

Chloride, and Sodium Sulfate;

(g) Pumice;

(h) Gilsonite;

(i) Talc and Pyrophyllite;

(j) Boron, including Borax, Kernite, and Colemanite;

(k) Barite;

(l) Fluorspar;

(m) Feldspar;

(n) Diatomite;

(o) Perlite;

(p) Vermiculite;

(q) Mica; and

(r) Kyanite, including Andalusite, Sillimanite, Topaz, and 

Dumortierite.

"Non-Metallic Mineral Processing Plant" means any combination of equipment that is used 

to crush or grind any nonmetallic mineral wherever located, including lime plants, power 

plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility 

processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c).

“Non-Road Easement” means an easement not utilized by the easement holder, or 

others with the permission of the easement holder, for travel by motor vehicle more 

often than twelve (12) times within any twelve (12) month period.

"Normal Farm Cultural Practice" means all activities by the owner, lessee, agent, 

independent contractor, and/or supplier conducted on any facility for the production of 

crops and/or nursery plants. Disturbances of the field surface caused by turning under 

stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 

4-14
"Nuisance" means anything that is injurious to health, offensive to the senses, or an 

obstruction to the free use of property, so as to interfere with the reasonable or 

comfortable enjoyment of life or property.

"Odor" means those qualities of matter that make it perceptible to the olfactory senses of 

man. 

"Off-Road Vehicle" means any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes, or motor buggies. 

"Opacity" means the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background. 

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) 

through (e) below. For the purpose of these regulations, vacant portions of residential or 

commercial lots that are immediately adjacent and owned and/or operated by the same 

individual or entity are considered one vacant open area or vacant lot. 

(a) An unsubdivided or undeveloped tract of land.

(b) A subdivided lot, which contains no approved or permitted buildings or 

structures of a temporary or permanent nature.

(c) An undeveloped or partially developed lot. 

(d) Non-road easements. 

(e) Unpaved parts of controlled access freeway right-of-ways, except those 

portions subject to Section 93 requirements.

"Open Fire" means any fire wherein the products of combustion are emitted into the open 

air and are not directed thereto through a stack or chimney. 

“Operation and Maintenance Plan” means a plan for an emission control system that 

specifies the key system operating parameters, such as temperatures, pressures, 

and/or flow rates, necessary to monitor the emission control system to ensure its proper 

operation and maintenance. The plan should include recordkeeping requirements 

sufficient to verify that necessary maintenance activities have been performed and key 

system operating parameters were monitored.

"Owner” and/or “Operator" means any person who owns, leases, operates, controls, or 

supervises a facility, building, structure, or installation that directly or indirectly results or 

may result in emissions of any air pollutant for which a national, state of Nevada, or 

Clark County standard is in effect. For the purposes of Sections 90 through 94, "Owner” 

4-15
and/or “Operator" means any person who owns, leases, operates, maintains, controls, or 

supervises a fugitive dust source subject to the requirements of these regulations.

"Oxygenated Gasoline" means gasoline blended with a component or components 

containing oxygen, generally an alcohol or ether. 

"Part 70 Operating Permit" means any permit or group of permits covering a Part 70 

Source that are issued, renewed, amended, or revised pursuant to Section 12.5.

“Part 70 Source” means the following:

(a) Any source defined as a major stationary source under Sections 12.2.2(ff)

or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1, 

2010July 20, 2011

(b) Any source, including an area source, subject to a standard, limitation, or 

other requirement under Section 111 of the Act, but only if the 

Administrator has determined that the source is required to obtain a Part 

70 Operating Permit; 

; 

(c) Any source, including an area source, subject to a standard or other 

requirement under Sections 112(d), (f), or (h) of the Act, but only if the 

Administrator has determined that the area source subject to such 

standards is required to obtain a Part 70 Operating Permit. A source is not 

a Part 70 Source solely because it is subject to regulations or 

requirements under Section 112(r) of the Act;

(d) Solid waste incineration units, including hospital/medical/infectious waste 

incinerators, municipal waste incinerators, and commercial and industrial 

waste incinerators, that are required by Section 129(e) of the Act to obtain 

a Part 70 Operating Permit;

(e) Any source with an affected unit, as defined in 40 CFR Part 72, that is 

subject to the requirements of the Title IV Acid Rain Program under the 

Act; 

(f) Any source that is a non-major municipal solid waste landfill with a design 

capacity greater than or equal to 2.5 million megagrams and 2.5 million 

cubic meters; or

(g) Any source designated by the Administrator pursuant to 40 CFR § 70.3. 

"Particulate Matter (PM)" means any material, except uncombined water, that exists in a 

finely divided form as a liquid or solid at referenced conditions of 25o C and 760 mm 

mercury. 

4-16
"Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other 

similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or 

rubberized asphalt).

“Permanent” means an emission reduction which is federally enforceable for the life of a 

corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), 

emission reductions for a stationary source are permanent if the reductions are federally 

enforceable and the reductions occur over the duration of the ERC rule.

"Person" means the United States of America, the State of Nevada, or any individual, 

group of individuals, partnership, firm, company, corporation, association, trust estate, 

political subdivision, administrative agency, public or quasi-public corporation, or other 

legal entity.

“PM2.5” means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal two and one half (2.5) micrometers.

"PM10" means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal ten (10) micrometers.

"Potential to Emit" means the maximum capacity of a stationary source to emit any 

regulated air pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit an air pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if 

the limitation or the effect it would have on emissions is enforceable as a practical matter. 

Secondary emissions do not count in determining the potential to emit of a stationary 

source.

"Prime Coat" means the first of two or more coatings applied to a surface.

"Process Weight" means the total weight of all materials introduced into any specific 

process, which process may cause any discharge into the atmosphere. Solid fuels 

charged will be considered as part of the process weight, but liquid and gaseous fuels and 

combustion air will not. "Process weight per hour" will be derived by dividing the total 

process weight by the number of hours in one complete operation thereof, excluding any 

time during which the equipment is idle.

“Public Road” means a road owned and/or operated by a governmental entity, who has 

accepted ownership of the road through a formal action of its governing board; and, who 

has also accepted maintenance responsibilities for the road through a separate action 

of its governing board or designee. All other roads are private. 

“Quantifiable” means an emission reduction that can be reliably and replicably measured 

or determined. 

4-17
“Reasonably Available Control Technology (RACT)” means the lowest emissions 

limitation that a particular source is capable of meeting by the application of control 

technology that is reasonably available, considering technological and economical 

feasibility. In determining RACT, the following shall be considered:

(a) Energy and environmental impacts and costs;

(b) Cost effectiveness;

(c) Control technology in use by similar sources; and

(d) Technical feasibility.

For the purposes of this definition, a control technology shall be deemed RACT if it is 

or meets an EPA control technology guideline limitation for the applicable source 

category, is a New Source Performance Standard, Maximum Achievable Control 

Technology standard, or any other federally enforceable limitation or condition relied 

upon as RACT in a nonattainment or maintenance plan.

RACT may be determined on a case-by-case or source category-specific basis, at 

the option of the person performing the control technology review, and shall take into 

account relevant findings and determinations in EPA's RACT/BACT/LAER 

Clearinghouse. The determination of cost effectiveness may consider the analysis 

contained in the EPA Office of Air Quality Planning and Standards Cost Control 

Manual. 

"Reclaimed Water" means waste water that, as a result of appropriate treatment, is 

suitable for subsequent beneficial use. Reclaimed water does not meet the State of 

Nevada standards for potable water.

"Reconstruction" or "Reconstruct" means: (1) for the purpose of meeting the requirements 

of 40 CFR Part 60 (“New Source Performance Standards”), the definition at 40 CFR § 

60.15, or (2) for the purpose of meeting the requirements of 40 CFR Part 63 (“National 

Emission Standards for Hazardous Air Pollutants”), the definition at 40 CFR § 63.2.

"Regulated Air Pollutant(s)" means the following:

(a) Any air pollutant for which a standard has been adopted pursuant to 

Section 109 of the Act, or any precursor to such air pollutants;

(b) Any pollutant that is subject to any standard promulgated in Section 111 of 

the Act;

(c) Any pollutant that is otherwise subject to regulation under the Act, except 

that any or all hazardous air pollutants either listed in Section 112 of the 

Act or added to the list pursuant to Section 112(b)(2) of the Act, and which 

have not been delisted pursuant to Section 112(b)(3) of the Act, are not 

4-18
regulated New Source Review pollutants unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act;

(d) Any pollutant that is a Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act; or

(e) A regulated New Source Review pollutant, as defined in Section 12.2.2. 

"Renewal" means the process by which a permit is reissued at the end of its term.

“Road Easement” means an easement utilized by the easement holder, or others with 

the permission of the easement holder, for travel by motor vehicle. In the case of a road 

easement, the owner and/or operator is the easement holder. 

“Secondary Emissions” means emissions that occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the 

major stationary source or major modification itself. Secondary emissions must be specific, 

well-defined, quantifiable, and impact the same general areas as the stationary source 

modification that causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility that would not be constructed or increase its 

emissions except as a result of the construction or operation of the major stationary source 

or major modification. Secondary emissions do not include any emissions that come 

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from 

a train, or from a vessel.

“Shutdown” means the cessation of operation of any air pollution control equipment or 

process equipment for any purpose.

"Single Coat" means a single film of coating applied directly to the material being coated 

omitting the prime coat application. 

"Slow Curing (SC)" means a cutback asphalt generally using a low volatility fuel oil as a 

solvent. 

"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, 

including a pipe or duct, but not including flares.

"Stage I" means gasoline vapor recovery during transfer of gasoline from gasoline delivery 

vehicles to stationary tanks used for refueling motor vehicles.

"Stage II" means gasoline vapor recovery during motor vehicle refueling operations from 

stationary tanks. 

"State" means any nonfederal permitting authority, including any local agency, interstate 

association, or statewide program.

4-19
"Stationary Source" means any building, structure, facility, or installation that emits or may 

emit any regulated air pollutant. 

“Surplus” means an emission reduction that has not been relied on in any air quality 

program related to any SIP, that is not a Nevada SIP requirement, that is not a 

requirement of a state air quality program that has been adopted but is not in the 

Nevada SIP, is not credited in any federal reasonable further progress or other 

milestone demonstration, is not a requirement of a consent decree, is not a requirement 

of a federal rule that focuses on reducing criteria air pollutants or their precursors, and 

has not already been credited in any other air quality program. The purpose of requiring 

that emissions offsets be surplus is to prohibit double counting of emission reductions.

"Top Coat" means the final film of coating applied to a two-coat operation.

"Top Off" means to attempt to dispense gasoline to a motor vehicle fuel tank after a vapor 

recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks 

in which the nature and configuration of the fill pipe causes premature shutoff of the 

dispensing nozzle, and which are filled only after the seal between the fill pipe and the 

nozzle is broken, shall not be considered topping off. 

"Topsoil" means the layer of the soil that, by its humus content, supports vegetation. It is 

usually the top six inches of soil but may extend deeper. 

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not paved 

and that is used for parking, maneuvering, or storing motor vehicles; material handling and 

storage yards; or vehicle and equipment storage yards.

"Vapor" means the gaseous phases of a substance that, at normal temperature and 

pressures, is a liquid or solid. 

"Vapor Control System" means a device, or combination of devices, into which vapors are 

passed before being vented into the ambient air.

"Vapor Tight" means a reading of less than 10,000 parts per million above background as 

methane when measured at a distance of one centimeter from the leak source with a 

portable hydrocarbon detection instrument. “Background” is defined as the ambient 

concentration of organic compounds determined at least three meters upwind from any 

equipment to be inspected and uninfluenced by any specific emissions unit.

"Volatile Organic Compound (VOCs)" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, that participates in atmospheric photochemical reactions. 

(a) The following organic compounds shall not be defined as VOCs because 

of their negligible photochemical reactivity:

4-20
(1) methane; 

(2) ethane; 

(3) methylene chloride (dichloromethane);

(4) 1,1,1-trichloroethane (methyl chloroform); 

(5) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

(6) trichlorofluoromethane (CFC-11); 

(7) dichlorodifluoromethane (CFC-12); 

(8) chlorodifluoromethane (HCFC-22);

(9) trifluoromethane (HFC-23); 

(10) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

(11) chloropentafluoroethane (CFC-115); 

(12) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

(13) 1,1,1,2-tetrafluoroethane (HFC- 134a); 

(14) 1,1-dichloro 1-fluoroethane (HCFC-141b); 

(15) 1-chloro 1,1-difluoroethane (HCFC-142b); 

(16) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

(17) pentafluoroethane (HFC-125); 

(18) 1,1,2,2-tetrafluoroethane (HFC-134); 

(19) 1,1,1- trifluoroethane (HFC-143a); 

(20) 1,1-difluoroethane (HFC-152a); 

(21) parachlorobenzotrifluoride (PCBTF); 

(22) cyclic, branched, or linear completely methylated siloxanes;

(23) acetone; 

(24) perchloroethylene (tetrachloroethylene); 

(25) 3,3- dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

(26) 1,3-dichloro-1,1,2,2,3- pentafluoropropane (HCFC-225cb);

(27) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

(28) difluoromethane (HFC-32);

(29) ethylfluoride (HFC-161); 

(30) 1,1,1,3,3,3- hexafluoropropane (HFC-236fa); 

(31) 1,1,2,2,3-pentafluoropropane (HFC-245ca); 

(32) 1,1,2,3,3-pentafluoropropane (HFC-245ea); 

(33) 1,1,1,2,3-pentafluoropropane (HFC- 245eb); 

(34) 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

(35) 1,1,1,2,3,3- hexafluoropropane (HFC-236ea); 

(36) 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

(37) chlorofluoromethane (HCFC-31); 

(38) 1 chloro-1-fluoroethane (HCFC-151a); 

(39) 1,2- dichloro-1,1,2-trifluoroethane (HCFC-123a); 

(40) 1,1,1,2,2,3,3,4,4-nonafluoro-4- methoxy-butane (C4F9OCH3 or HFE7100);

(41) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OCH3); 

(42) 1-ethoxy-1,1,2,2,3,3,4,4,4- nonafluorobutane (C4F9OC2H5 or HFE7200); 

4-21
(43) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OC2H5); 

(44) Methyl acetate, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-

dodecafluoro-2-(trifluoromethy l) hexane (HFE-7500), 1,1,1,2,3,3,3-

heptafluoropropane (HFC 227ea), methyl formate (HCOOCH[3]), 

(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300), and perfluorocarbon compounds which fall 

into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with 

no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary 

amines with no unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and 

with sulfur bonds only to carbon and fluorine.

(45) Tertiary butyl acetate (C6H12O2).

(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 

of the Act shall be subject to the more stringent requirements applicable 

under either category of pollutant.

History: Amended: July 9, 1987; November 17, 1988; January 25, 1990; May 27, 1993; November 18, 1993; August 25, 

1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; 

January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001; 

December 4, 2001; June 3, 2003; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010; November 

16, 2010. 

4-22
SECTION 0: CLEAN COPY

4-23
SECTION 0: DEFINITIONS

In these Air Quality Regulations (AQRs), incorporated into the Clark County Code at 

Section 9.08.130, unless the context otherwise requires:

"Act" means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq.

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from 

an emissions unit, as determined in accordance with this definition:

(a) In general, actual emissions as of a particular date shall equal the average 

rate, in tons per year, at which the emissions unit actually emitted the 

regulated air pollutant during a consecutive 24-month period which precedes 

the particular date and which is representative of normal source operation. 

The Control Officer shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, 

production rates, and types of materials processed, stored, or combusted 

during the selected time period.

(b) If there is inadequate information to determine actual historical emissions, 

the Control Officer may presume that source-specific allowable emissions 

for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit 

on that date.

"Administrator" means the Administrator of the United States Environmental Protection 

Agency (EPA) or the Administrator's designee.

"Affected Source" means a source that includes one or more affected units that are subject 

to the acid rain requirements under Title IV of the Act or subject to a standard or other 

requirement under Sections 112(d), (f) or (h) of the Act.

"Affected State(s)" means all States whose air quality may be affected that are located 

contiguous to or within fifty (50) miles of Clark County, Nevada, including Arizona, 

California, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of 

the permitted source shall be considered an Affected State.

"Affected Unit" means a unit that is subject to any requirement under Title IV of the Act. 

"Agricultural Operations" means the growing of crops for profit or the growing of crops for 

the purpose of providing life support to a considerable number of people, animals, or fowl.

4-24
“Air Contaminants” means any solid, liquid, or gaseous matter, any odor, or any form of 

energy that is capable of being released into the atmosphere from an emission source.

"Airplane Refueling Area" means a place capable of receiving, storing and dispensing one 

or more types of gasoline or petroleum distillate for consumption by airplanes.

"Air Pollution" means the presence in the outdoor atmosphere of one or more air pollutants 

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

(a) Injure human health or welfare, animal or plant life, or property;

(b) Limit visibility or interfere with scenic, aesthetic and historic values of 

the State; or

(c) Interfere with the enjoyment of life or property.

"Air Quality Area" means the airshed regions within Clark County, Nevada, designated as 

a serious Nonattainment Area, moderate Nonattainment Area, or Prevention of 

Significant Deterioration (PSD) Area. The following table lists the air quality areas for each 

criteria air pollutant by air quality planning region: 

Air Quality Areas for each Criteria Air Pollutant

by Air Quality Planning Region

PM10 CO VOC NOx SO2 and Pb

Serious

Nonattainment Area LV LV

Moderate

Nonattainment Area

Prevention of 

Significant 

Deterioration (PSD) 

Area

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM,

VV, BA, 

GB, GA1

IV, SI, JL, 

SH, GV, 

NH, PV, 

CV, MS, 

PR, ST, 

FF, IS, NT, 

TV, CW, 

MR, MW, 

CS, LM, 

VV, BA, 

GB, GA

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA

SI, JL, SH, 

GV, NH, 

PV, CV, 

MS, PR, 

ST, FF, IS, 

NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, 

BA, GB, 

GA

LV, EV, IV, 

SI, JL, SH, 

GV, NH, PV, 

CV, MS, 

PR, ST, FF, 

IS, NT, TV, 

CW, MR, 

MW, CS, 

LM, VV, BA, 

GB, GA

1

See “Airshed Regions within Clark County, Nevada” table on p. 3 for region abbreviations.

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of 

one hydrographic area, as listed in the definition of airshed region, which is used for air 

quality planning purposes.

4-25
"Airshed Region" or “Airshed” means an area within Clark County, Nevada, consisting of 

one hydrographic area as listed in the following table:

AIRSHED REGIONS within Clark County, Nevada

AIR QUALITY PLANNING REGION AIRSHED REGION

AIR QUALITY PLANNING 

REGION Abbreviation

Las Vegas Valley HYDROGRAPHIC AREA 212 LV

Eldorado Valley HYDROGRAPHIC AREA 167 EV

North Ivanpah Valley HYDROGRAPHIC AREA 164A IV

South Ivanpah Valley HYDROGRAPHIC AREA 164B SI

Jean Lake Valley HYDROGRAPHIC AREA 165 JL

South Hidden Valley HYDROGRAPHIC AREA 166 SH

Garnet Valley HYDROGRAPHIC AREA 216 GV

North Hidden Valley HYDROGRAPHIC AREA 217 NH

Paiute Valley HYDROGRAPHIC AREA 214 PV

Colorado River Valley HYDROGRAPHIC AREA 213 CV

Mesquite Valley HYDROGRAPHIC AREA 163 MS

Pahrump Valley HYDROGRAPHIC AREA 162 PR

South Three Lakes Valley HYDROGRAPHIC AREA 211 ST

Frenchman Flat HYDROGRAPHIC AREA 160 FF

Indian Springs Valley HYDROGRAPHIC AREA 161 IS

North Three Lakes Valley HYDROGRAPHIC AREA 168 NT

Tikapoo Valley HYDROGRAPHIC AREA 169B TV

California Wash HYDROGRAPHIC AREA 218 CW

Muddy River Springs Area HYDROGRAPHIC AREA 219 MR

Lower Meadow Valley Wash HYDROGRAPHIC AREA 205 MW

Coyote Springs Valley HYDROGRAPHIC AREA 210 CS

Lower Moapa Valley HYDROGRAPHIC AREA 220 LM

Virgin River Valley HYDROGRAPHIC AREA 222 VV

Black Mountains Area HYDROGRAPHIC AREA 215 BA

Gold Butte Area HYDROGRAPHIC AREA 223 GB

Greasewood Area HYDROGRAPHIC AREA 224 GA

If a hydrographic area extends beyond the boundary of Clark County and the State of 

Nevada, only the portion that is within the boundary of Nevada is included in the definition 

of airshed region.

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using 

the maximum rated capacity of the source (unless the source is subject to practically 

enforceable limits which restrict the operating rate, hours of operation, or both) and the 

most stringent of the following:

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(a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 

or 63;

(b) Any applicable Nevada State Implementation Plan (SIP) emission limitation, 

including those with a future compliance date; or

(c) The emissions rate specified as a practically enforceable permit condition, 

including those with a future compliance date.

"Apex Valley" means the geographical area that coincides with the boundary of 

Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic 

Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map 

is contained in the definition of Hydrographic Areas.

"Applicable Requirement" means any of the following requirements as they apply to an 

emissions unit covered by a permit issued pursuant to Section 12 of the AQRs:

(a) Any standard or requirement included in the Nevada SIP approved or 

promulgated by EPA through rulemaking under Title I of the Act that 

implements the relevant requirements of the Act, including any revisions to 

that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any permit issued pursuant to Section 12 of the 

AQRs;

(c) Any requirement under Section 111 (“New Source Performance 

Standards”) of the Act;

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the 

Act; 

(e) Any standard or other requirement of the Acid Rain Program under Title IV 

of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to Section 504(b) or Section 

114(a)(3) (“Monitoring, Analysis and Compliance”) of the Act;

(g) Any requirement relating to solid waste incineration under Section 129 

(“Solid Waste Combustion”) of the Act;

(h) Any requirement for consumer or commercial products under Section 

183(e) (“Ozone”) of the Act;

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel 

Standards”) of the Act;

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(j) Any standard or requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Act, unless the EPA determines 

that any such requirement need not be contained in a Part 70 Permit;

(k) Any national ambient air quality standard or increment or visibility 

requirement under Part C of Title I of the Act, but only as it would apply to 

temporary sources permitted pursuant to Section 504(e) (“Temporary 

Sources”) of the Act;

(l) Any requirement necessary to comply with the prohibition in Sections 

126(a)(1) and 126(c) (“Interstate Pollution Abatement”) of the Act; and

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air 

Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance 

Conditions.”

"Application Area" means the area where surface coating is applied by spraying, dipping or 

flow-coating techniques.

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a 

permit issued to a Part 70 source by the Control Officer pursuant to Section 12.4.3 of 

the AQRs that:

(a) Authorizes the construction and an initial period of operation of a new Part 

70 source, or the modification or reconstruction of an existing Part 70 

source; and

(b) Includes the conditions which apply to the construction and an initial 

period of operation of a new Part 70 source, or the modification or 

reconstruction of an existing Part 70 source.

"Best Management Practices" means dust control measures that are based on each 

project soil type, project activity, and phasing as required by the applicable standards of 

Sections 91 through 94 of these AQRs. These practices shall be included in each Dust 

Control Permit and Dust Mitigation Plan and are established to meet the goal of reducing 

particulate emissions from construction sites. Additionally, some practices are designed to

address the economic and environmental purposes of reducing the amount of water to be 

used for dust control.

"British Thermal Unit" or “BTU” means that quantity of heat required to raise the 

temperature of one pound of water 1 degree F. 

“Building, structure, facility, or installation” means all of the pollutant-emitting activities 

that belong to the same industrial grouping, are located on one or more contiguous or 

adjacent properties, and are under the control of the same person (or persons under 

common control) except the activities of any vessel. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same ‘‘Major 

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Group’’ (which have the same first two digit code) as described in the Standard 

Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. 

Government Printing Office stock numbers 4101–0066 and 003–005–00176–0, 

respectively) or the North American Industry Classification System, as published in 

2002.

"Building Vent" means an opening of a building through which there is mechanically 

induced air flow for the purpose of exhausting emissions. 

"Chemical Process" means a manufacturing operation in which one or more changes in 

chemical composition, chemical properties, or physical properties are involved.

"Clearing and Grubbing" means the removal of tree stumps, shrubs, trash, and dirt piles 

before excavation of a site. 

"Combined Tank Capacity" means all gasoline storage tanks at the gasoline station.

"Combustible Refuse" means any waste material that can be consumed by combustion. 

"Commence" or “Commencement” as applied to construction of a stationary source or 

modification means that the owner or operator has all necessary preconstruction 

approvals or permits and has:

(a) Begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time or

(b) Entered into binding agreements or contractual obligations, which cannot be 

canceled or modified without substantial loss to the owner or operator, to

undertake a program of actual construction of the source to be completed 

within a reasonable time.

“Commence Operation” or "Commencing Operation" means to have begun any 

mechanical, chemical, or electronic process, including, with regard to a unit, start-up of 

a unit’s combustion chamber that changes the location, form, physical properties, or 

chemical character of a material.

"Commercial and Residential Construction" means construction of structures intended to 

be utilized solely as personal dwellings, including but not limited to single family homes, 

duplexes, fourplexes, apartments, condominiums, and town houses; construction of 

institutional structures, schools, libraries, churches, hospitals, parks, office structures; 

shopping malls; residential streets within a subdivision; improvements to existing curbed 

paved roads; parking lots, parking lot structures; and construction of underground utilities 

for sanitary sewer, water, electricity, natural gas and communication.

“Complete” means, in reference to an application for a permit, that the application

contains all of the information necessary for processing the application. Designating an 

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application complete for purposes of permit processing does not preclude the reviewing 

authority from requesting or accepting any additional information.

"Construction" means any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or modification of an emissions 

unit), that would result in a change in emissions. 

"Construction Activity" means the following activities: commercial and residential 

construction, flood control construction, and highway construction as defined in Section 0.

"Control Measure" means a technique, practice, or procedure used to prevent or minimize 

the generation, emission, entrainment, suspension, and/or airborne transport of fugitive 

dust. 

"Control Officer" means the Air Pollution Control Officer appointed by the County Manager, 

the Control Officer’s designee or individual staff members who have been delegated the 

authority by the Control Officer or his /her designee to perform specific Control Officer 

functions.

“Date of Submittal” means the date a document is postmarked, if the document is 

delivered by the U.S. Postal Service. If the document is hand delivered by the document 

owner, his/her representative or a commercial carrier, the date of submittal is the date the 

document is date stamped by the department.

“Designated Trail” means any trail designated by a public agency for use by 

equestrians, hikers, bicycles, or other nonmotorized forms of travel.

"Dispatchable Peak Shaving" means a program by which peak shaving operations will be 

scheduled and controlled by the serving public utility to those times essential to maintain a 

reliable, area-wide, supply source of electrical energy. 

"Disturbed Surface Area" means a portion of the earth's surface (or material placed 

thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its 

undisturbed native condition, thereby increasing the potential for the emission of fugitive 

dust. 

"Dust Palliative" means hygroscopic material, non-toxic chemical stabilizer or other dust 

palliative material that is not prohibited for ground surface application by the EPA or the 

Nevada Division of Environmental Protection (NDEP) or by any applicable law or 

regulation, as a treatment material for reducing fugitive dust emissions. Water, 

solutions of water and chemical surfactants, and foam are not dust palliatives for the 

purpose of these regulations. 

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or 

any other dust palliative which is not prohibited for ground surface application by the 

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EPA or NDEP or by any applicable law or regulation, as a treatment material for 

reducing fugitive dust emissions. 

"Electric Utility Steam Generating Unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one third (1/3) of its potential electric 

output capacity and more than twenty-five (25) MW of electrical output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the 

purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility.

"Eldorado Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 167 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the definition 

of hydrographic areas. 

"Emergency" means a situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including Acts of God.

"Emission(s)" or "Emit(s)" means the release or the passing into the ambient air of a 

regulated air pollutant. 

“Emission Limit” or “Emission Limitation” means a requirement established by the Control 

Officer or the Administrator that limits the quantity, rate, or concentration of emission of air 

pollutants on a continuous basis, including any requirement relating to the operation or 

maintenance of a source to assure continuous emission reduction, and any design,

equipment, work practice or operational standard promulgated under these regulations or 

the Act.

“Emissions Unit" means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant. 

"EPA" means the United States Environmental Protection Agency.

"Ethanol" means an alcohol with the chemical formula CH3CH2OH.

"Excess Emissions" means emissions in excess of an emission limitation.

"Existing Emissions Unit" means, unless otherwise specified in these regulations, an 

emissions unit that has either been authorized to commence construction or modification 

or has commenced construction or modification prior to the effective date of rule.

"Existing Stationary Source" means, unless otherwise specified in these regulations, any 

stationary source that has either been authorized to commence construction or 

modification or has commenced construction or modification prior to the effective date of 

rule. 

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“Federal Land Manager” means, with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

"Federally Enforceable" means all limitations and conditions which are enforceable by 

the Administrator.

"Flood Control Construction" means construction of flood detention basins, flood diversion 

channels, box culverts, and excavations intended to capture or retain water.

"Fuel" means material which is capable of releasing energy or power by combustion or 

other chemical or physical reaction.

"Fuel Burning Equipment" means any device used for the burning of fuel for the primary 

purpose of producing heat or power by indirect heat transfer in which the products of 

combustion do not come into direct contact with any other materials. 

"Fuel Oil" means a liquid fuel derived from crude oil or petroleum, including distillate oil, 

residual oil, and used oil.

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is 

entrained in the ambient air and is caused from human and/or natural activities, such 

as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For 

the purpose of these regulations, fugitive dust does not include particulate matter 

emitted directly from the exhaust of motor vehicles and other internal combustion 

engines, from portable brazing, soldering, or welding equipment, and from pile drivers, 

and does not include emissions from process and combustion sources that are subject 

to other sections of these regulations.

"Fugitive Emissions" means those emissions which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening.

"Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of four 4 

pounds per square inch or greater. 

"Gasoline Dispensing Operation” means a facility, except bulk distribution terminal, that is 

capable of receiving, storing, and dispensing to a motor vehicle one or more grades of 

gasoline.

“Good Engineering Practice (GEP) Stack Height” means a stack height meeting the 

requirements described in Subsection 12.2.7.3 of the AQRs.

“Hazardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 

112(b) of the Act. 

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"Highway Construction" means construction of roadway systems including arterials, 

expressways, interstates, tunnels, overpasses, bridges, interchanges and airport runway 

improvements, but not residential streets within a subdivision.

"Hydrographic Basin Areas" or “Hydrographic Areas” means the areas within Clark 

County, Nevada as defined in the State of Nevada Hydrographic Areas Map, prepared by 

the Division of Water Resources, Rev. 9/71. A hydrographic area may extend into 

adjacent county(s), but the hydrographic area will terminate at the state boundary. The 

following map, provided for quick reference, represents the hydrographic areas and air 

quality planning regions within the Clark County boundary and excludes only the portion of 

the hydrographic area that is outside of the Nevada boundary:

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One Inch = 15 miles

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"Incinerator" means any furnace used in the process of burning waste for the primary 

purpose of reducing the volume of the waste by removing combustible matter.

"Insignificant Activities and Emissions" means those activities that meet the criteria set 

forth in subsection 12.5.2.5.

"Ivanpah Valley" means the geographical area that coincides with the boundary of the 

Hydrographic Area 164A (also known as North Ivanpah Valley) as reported in the 

Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An 

approximate map is contained in the definition of hydrographic areas.

"Las Vegas Valley" means that geographical area that coincides with the boundary of the 

Hydrographic Area 212 as reported in the Hydrographic Areas Map, prepared by the 

Division of Water Resources, Rev. 9/71. An approximate map is contained in the 

definition of hydrographic areas.

"Leak Free" means a liquid leak of less than three (3) drops per minute. 

"Methyl Tertiary Butyl Ether (MTBE)” means an ether with the chemical formula 

(CH3)3C(-OCH3).

"Motocross Race Course" means a closed loop course established on improved or 

unimproved property upon which the actual track may be dirt, gravel, pavements or other 

surface encompassing an area of less than fifty (50) acres.

"Motor Vehicle" means every device in, upon, or by which any person or property is, or 

may be, transported or drawn upon a road or highway, except devices moved by human 

power or used exclusively upon stationary rails. 

"Natural Cover" means any vegetation that exists on the property.

“Nonattainment Area" means any geographic region of the United States that has been 

designated as “nonattainment” under Section 107 of the Act for any pollutant for which a 

National Ambient Air Quality Standard exists.

"Non-metallic Mineral" means any of the following minerals or any mixture that contains

more than fifty percent (50%) by weight any of the following minerals: 

(a) Crushed and broken stone, including limestone, dolomite, 

granite, traprock, sandstone, quartz, quartzite, marl, marble, 

slate, shale, oil shale, and shell; 

(b) Sand and Gravel;

(c) Clay, including Kaolin, Fireclay, Bentonite, Fuller’s Earth, Ball 

Clay, and Common Clay;

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(d) Rock Salt;

(e) Gypsum;

(f) Sodium Compounds, including Sodium Carbonate, Sodium 

Chloride, and Sodium Sulfate;

(g) Pumice;

(h) Gilsonite;

(i) Talc and Pyrophyllite;

(j) Boron, including Borax, Kernite, and Colemanite;

(k) Barite;

(l) Fluorspar;

(m) Feldspar;

(n) Diatomite;

(o) Perlite;

(p) Vermiculite;

(q) Mica; and

(r) Kyanite, including Andalusite, Sillimanite, Topaz, and 

Dumortierite.

"Non-Metallic Mineral Processing Plant" means any combination of equipment that is used 

to crush or grind any nonmetallic mineral wherever located, including lime plants, power 

plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility 

processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c).

“Non-Road Easement” means an easement not utilized by the easement holder, or 

others with the permission of the easement holder, for travel by motor vehicle more 

often than twelve (12) times within any twelve (12) month period.

"Normal Farm Cultural Practice" means all activities by the owner, lessee, agent, 

independent contractor, and/or supplier conducted on any facility for the production of 

crops and/or nursery plants. Disturbances of the field surface caused by turning under 

stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 

4-36
"Nuisance" means anything that is injurious to health, offensive to the senses, or an 

obstruction to the free use of property, so as to interfere with the reasonable or 

comfortable enjoyment of life or property.

"Odor" means those qualities of matter that make it perceptible to the olfactory senses of 

man. 

"Off-Road Vehicle" means any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes, or motor buggies. 

"Opacity" means the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background. 

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) 

through (e) below. For the purpose of these regulations, vacant portions of residential or 

commercial lots that are immediately adjacent and owned and/or operated by the same 

individual or entity are considered one vacant open area or vacant lot. 

(a) An unsubdivided or undeveloped tract of land.

(b) A subdivided lot, which contains no approved or permitted buildings or 

structures of a temporary or permanent nature.

(c) An undeveloped or partially developed lot. 

(d) Non-road easements. 

(e) Unpaved parts of controlled access freeway right-of-ways, except those 

portions subject to Section 93 requirements.

"Open Fire" means any fire wherein the products of combustion are emitted into the open 

air and are not directed thereto through a stack or chimney. 

“Operation and Maintenance Plan” means a plan for an emission control system that 

specifies the key system operating parameters, such as temperatures, pressures, 

and/or flow rates, necessary to monitor the emission control system to ensure its proper 

operation and maintenance. The plan should include recordkeeping requirements 

sufficient to verify that necessary maintenance activities have been performed and key 

system operating parameters were monitored.

"Owner” and/or “Operator" means any person who owns, leases, operates, controls, or 

supervises a facility, building, structure, or installation that directly or indirectly results or 

may result in emissions of any air pollutant for which a national, state of Nevada, or 

Clark County standard is in effect. For the purposes of Sections 90 through 94, "Owner” 

4-37
and/or “Operator" means any person who owns, leases, operates, maintains, controls, or 

supervises a fugitive dust source subject to the requirements of these regulations.

"Oxygenated Gasoline" means gasoline blended with a component or components 

containing oxygen, generally an alcohol or ether. 

"Part 70 Operating Permit" means any permit or group of permits covering a Part 70 

Source that are issued, renewed, amended, or revised pursuant to Section 12.5.

“Part 70 Source” means the following:

(a) Any source defined as a major stationary source under Sections 12.2.2(ff)

or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 20, 

2011; 

(b) Any source, including an area source, subject to a standard, limitation, or 

other requirement under Section 111 of the Act, but only if the 

Administrator has determined that the source is required to obtain a Part 

70 Operating Permit; 

(c) Any source, including an area source, subject to a standard or other 

requirement under Sections 112(d), (f), or (h) of the Act, but only if the 

Administrator has determined that the area source subject to such 

standards is required to obtain a Part 70 Operating Permit. A source is not 

a Part 70 Source solely because it is subject to regulations or 

requirements under Section 112(r) of the Act;

(d) Solid waste incineration units, including hospital/medical/infectious waste 

incinerators, municipal waste incinerators, and commercial and industrial 

waste incinerators, that are required by Section 129(e) of the Act to obtain 

a Part 70 Operating Permit;

(e) Any source with an affected unit, as defined in 40 CFR Part 72, that is 

subject to the requirements of the Title IV Acid Rain Program under the 

Act; 

(f) Any source that is a non-major municipal solid waste landfill with a design 

capacity greater than or equal to 2.5 million megagrams and 2.5 million 

cubic meters; or

(g) Any source designated by the Administrator pursuant to 40 CFR § 70.3. 

"Particulate Matter (PM)" means any material, except uncombined water, that exists in a 

finely divided form as a liquid or solid at referenced conditions of 25o C and 760 mm 

mercury. 

4-38
"Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other 

similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or 

rubberized asphalt).

“Permanent” means an emission reduction which is federally enforceable for the life of a 

corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), 

emission reductions for a stationary source are permanent if the reductions are federally 

enforceable and the reductions occur over the duration of the ERC rule.

"Person" means the United States of America, the State of Nevada, or any individual, 

group of individuals, partnership, firm, company, corporation, association, trust estate, 

political subdivision, administrative agency, public or quasi-public corporation, or other 

legal entity.

“PM2.5” means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal two and one half (2.5) micrometers.

"PM10" means particulate matter, both filterable and condensable, with an aerodynamic 

diameter less than or equal to a nominal ten (10) micrometers.

"Potential to Emit" means the maximum capacity of a stationary source to emit any 

regulated air pollutant under its physical and operational design. Any physical or 

operational limitation on the capacity of the source to emit an air pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design only if 

the limitation or the effect it would have on emissions is enforceable as a practical matter. 

Secondary emissions do not count in determining the potential to emit of a stationary 

source.

"Prime Coat" means the first of two or more coatings applied to a surface.

"Process Weight" means the total weight of all materials introduced into any specific 

process, which process may cause any discharge into the atmosphere. Solid fuels 

charged will be considered as part of the process weight, but liquid and gaseous fuels and 

combustion air will not. "Process weight per hour" will be derived by dividing the total 

process weight by the number of hours in one complete operation thereof, excluding any 

time during which the equipment is idle.

“Public Road” means a road owned and/or operated by a governmental entity, who has 

accepted ownership of the road through a formal action of its governing board; and, who 

has also accepted maintenance responsibilities for the road through a separate action 

of its governing board or designee. All other roads are private. 

“Quantifiable” means an emission reduction that can be reliably and replicably measured 

or determined. 

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“Reasonably Available Control Technology (RACT)” means the lowest emissions 

limitation that a particular source is capable of meeting by the application of control 

technology that is reasonably available, considering technological and economical 

feasibility. In determining RACT, the following shall be considered:

(a) Energy and environmental impacts and costs;

(b) Cost effectiveness;

(c) Control technology in use by similar sources; and

(d) Technical feasibility.

For the purposes of this definition, a control technology shall be deemed RACT if it is 

or meets an EPA control technology guideline limitation for the applicable source 

category, is a New Source Performance Standard, Maximum Achievable Control 

Technology standard, or any other federally enforceable limitation or condition relied 

upon as RACT in a nonattainment or maintenance plan.

RACT may be determined on a case-by-case or source category-specific basis, at 

the option of the person performing the control technology review, and shall take into 

account relevant findings and determinations in EPA's RACT/BACT/LAER 

Clearinghouse. The determination of cost effectiveness may consider the analysis 

contained in the EPA Office of Air Quality Planning and Standards Cost Control 

Manual. 

"Reclaimed Water" means waste water that, as a result of appropriate treatment, is 

suitable for subsequent beneficial use. Reclaimed water does not meet the State of 

Nevada standards for potable water.

"Reconstruction" or "Reconstruct" means: (1) for the purpose of meeting the requirements 

of 40 CFR Part 60 (“New Source Performance Standards”), the definition at 40 CFR § 

60.15, or (2) for the purpose of meeting the requirements of 40 CFR Part 63 (“National 

Emission Standards for Hazardous Air Pollutants”), the definition at 40 CFR § 63.2.

"Regulated Air Pollutant(s)" means the following:

(a) Any air pollutant for which a standard has been adopted pursuant to 

Section 109 of the Act, or any precursor to such air pollutants;

(b) Any pollutant that is subject to any standard promulgated in Section 111 of 

the Act;

(c) Any pollutant that is otherwise subject to regulation under the Act, except 

that any or all hazardous air pollutants either listed in Section 112 of the 

Act or added to the list pursuant to Section 112(b)(2) of the Act, and which 

have not been delisted pursuant to Section 112(b)(3) of the Act, are not 

4-40
regulated New Source Review pollutants unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act;

(d) Any pollutant that is a Class I or II substance subject to a standard 

promulgated under or established by Title VI of the Act; or

(e) A regulated New Source Review pollutant, as defined in Section 12.2.2. 

"Renewal" means the process by which a permit is reissued at the end of its term.

“Road Easement” means an easement utilized by the easement holder, or others with 

the permission of the easement holder, for travel by motor vehicle. In the case of a road 

easement, the owner and/or operator is the easement holder. 

“Secondary Emissions” means emissions that occur as a result of the construction or 

operation of a major stationary source or major modification, but do not come from the 

major stationary source or major modification itself. Secondary emissions must be specific, 

well-defined, quantifiable, and impact the same general areas as the stationary source 

modification that causes the secondary emissions. Secondary emissions include 

emissions from any offsite support facility that would not be constructed or increase its 

emissions except as a result of the construction or operation of the major stationary source 

or major modification. Secondary emissions do not include any emissions that come 

directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from 

a train, or from a vessel.

“Shutdown” means the cessation of operation of any air pollution control equipment or 

process equipment for any purpose.

"Single Coat" means a single film of coating applied directly to the material being coated 

omitting the prime coat application. 

"Slow Curing (SC)" means a cutback asphalt generally using a low volatility fuel oil as a 

solvent. 

"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, 

including a pipe or duct, but not including flares.

"Stage I" means gasoline vapor recovery during transfer of gasoline from gasoline delivery 

vehicles to stationary tanks used for refueling motor vehicles.

"Stage II" means gasoline vapor recovery during motor vehicle refueling operations from 

stationary tanks. 

"State" means any nonfederal permitting authority, including any local agency, interstate 

association, or statewide program.

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"Stationary Source" means any building, structure, facility, or installation that emits or may 

emit any regulated air pollutant. 

“Surplus” means an emission reduction that has not been relied on in any air quality 

program related to any SIP, that is not a Nevada SIP requirement, that is not a 

requirement of a state air quality program that has been adopted but is not in the 

Nevada SIP, is not credited in any federal reasonable further progress or other 

milestone demonstration, is not a requirement of a consent decree, is not a requirement 

of a federal rule that focuses on reducing criteria air pollutants or their precursors, and 

has not already been credited in any other air quality program. The purpose of requiring 

that emissions offsets be surplus is to prohibit double counting of emission reductions.

"Top Coat" means the final film of coating applied to a two-coat operation.

"Top Off" means to attempt to dispense gasoline to a motor vehicle fuel tank after a vapor 

recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks 

in which the nature and configuration of the fill pipe causes premature shutoff of the 

dispensing nozzle, and which are filled only after the seal between the fill pipe and the 

nozzle is broken, shall not be considered topping off. 

"Topsoil" means the layer of the soil that, by its humus content, supports vegetation. It is 

usually the top six inches of soil but may extend deeper. 

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not paved 

and that is used for parking, maneuvering, or storing motor vehicles; material handling and 

storage yards; or vehicle and equipment storage yards.

"Vapor" means the gaseous phases of a substance that, at normal temperature and 

pressures, is a liquid or solid. 

"Vapor Control System" means a device, or combination of devices, into which vapors are 

passed before being vented into the ambient air.

"Vapor Tight" means a reading of less than 10,000 parts per million above background as 

methane when measured at a distance of one centimeter from the leak source with a 

portable hydrocarbon detection instrument. “Background” is defined as the ambient 

concentration of organic compounds determined at least three meters upwind from any 

equipment to be inspected and uninfluenced by any specific emissions unit.

"Volatile Organic Compound (VOCs)" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate, that participates in atmospheric photochemical reactions. 

(a) The following organic compounds shall not be defined as VOCs because 

of their negligible photochemical reactivity:

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(1) methane; 

(2) ethane; 

(3) methylene chloride (dichloromethane);

(4) 1,1,1-trichloroethane (methyl chloroform); 

(5) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

(6) trichlorofluoromethane (CFC-11); 

(7) dichlorodifluoromethane (CFC-12); 

(8) chlorodifluoromethane (HCFC-22);

(9) trifluoromethane (HFC-23); 

(10) 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

(11) chloropentafluoroethane (CFC-115); 

(12) 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

(13) 1,1,1,2-tetrafluoroethane (HFC- 134a); 

(14) 1,1-dichloro 1-fluoroethane (HCFC-141b); 

(15) 1-chloro 1,1-difluoroethane (HCFC-142b); 

(16) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

(17) pentafluoroethane (HFC-125); 

(18) 1,1,2,2-tetrafluoroethane (HFC-134); 

(19) 1,1,1- trifluoroethane (HFC-143a); 

(20) 1,1-difluoroethane (HFC-152a); 

(21) parachlorobenzotrifluoride (PCBTF); 

(22) cyclic, branched, or linear completely methylated siloxanes;

(23) acetone; 

(24) perchloroethylene (tetrachloroethylene); 

(25) 3,3- dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca); 

(26) 1,3-dichloro-1,1,2,2,3- pentafluoropropane (HCFC-225cb);

(27) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

(28) difluoromethane (HFC-32);

(29) ethylfluoride (HFC-161); 

(30) 1,1,1,3,3,3- hexafluoropropane (HFC-236fa); 

(31) 1,1,2,2,3-pentafluoropropane (HFC-245ca); 

(32) 1,1,2,3,3-pentafluoropropane (HFC-245ea); 

(33) 1,1,1,2,3-pentafluoropropane (HFC- 245eb); 

(34) 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

(35) 1,1,1,2,3,3- hexafluoropropane (HFC-236ea); 

(36) 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

(37) chlorofluoromethane (HCFC-31); 

(38) 1 chloro-1-fluoroethane (HCFC-151a); 

(39) 1,2- dichloro-1,1,2-trifluoroethane (HCFC-123a); 

(40) 1,1,1,2,2,3,3,4,4-nonafluoro-4- methoxy-butane (C4F9OCH3 or HFE7100);

(41) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OCH3); 

(42) 1-ethoxy-1,1,2,2,3,3,4,4,4- nonafluorobutane (C4F9OC2H5 or HFE7200); 

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(43) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3- heptafluoropropane 

((CF3)2CFCF2OC2H5); 

(44) Methyl acetate, 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3, HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-

dodecafluoro-2-(trifluoromethy l) hexane (HFE-7500), 1,1,1,2,3,3,3-

heptafluoropropane (HFC 227ea), methyl formate (HCOOCH[3]), 

(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300), and perfluorocarbon compounds which fall 

into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with 

no unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary 

amines with no unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and 

with sulfur bonds only to carbon and fluorine.

(45) Tertiary butyl acetate (C6H12O2).

(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 

of the Act shall be subject to the more stringent requirements applicable 

under either category of pollutant.

History: Amended: July 9, 1987; November 17, 1988; January 25, 1990; May 27, 1993; November 18, 1993; August 25, 

1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; 

January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001; 

December 4, 2001; June 3, 2003; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010; November 

16, 2010. 

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SECTION 12.2: 

STRIKEOUT/UNDERLINE

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SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT 

AREAS 

(PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas ................................. 1

12.2.1 Applicability Procedures ....................................................................... 1

12.2.1.1 Preconstruction Review Requirements ........................... 1

12.2.1.2 Construction of Major Stationary Sources or 

Modifications ................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement..................... 1

12.2.1.4 Projects........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations ... 2

12.2.1.6 Existing Emission Unit Projects....................................... 2

12.2.1.7 Availability of Information ................................................ 4

12.2.1.8 Secondary Emissions...................................................... 4

12.2.2 Definitions............................................................................................. 4

12.2.3 Ambient Air Increments ...................................................................... 26

12.2.4 Ambient Air Ceilings ........................................................................... 27

12.2.5 Restrictions On Area Classifications................................................... 27

12.2.5.1 Class I Areas................................................................. 27

12.2.5.2 Redesignation of Class I Areas..................................... 27

12.2.5.3 Class II Areas................................................................ 27

12.2.5.4 Redesignating Areas..................................................... 27

12.2.5.5 Exclusions from Increment Consumption...................... 28

12.2.6 Redesignation .................................................................................... 29

12.2.6.1 Clark County ................................................................. 29

12.2.6.2 Requirements................................................................ 29

12.2.6.3 Reserved....................................................................... 31

12.2.6.4 Administrator Approval.................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal............................. 31

12.2.7 Stack Heights ..................................................................................... 31

12.2.7.1 Emission Limitation ....................................................... 31

12.2.7.2 Time Frame................................................................... 31

12.2.7.3 Stack Height Limitation ................................................. 32

12.2.8 Exemptions......................................................................................... 35

12.2.8.1 Nonattainment Areas .................................................... 35

12.2.8.2 Class I Areas................................................................. 36

12.2.8.3 Class II Areas................................................................ 36

12.2.8.4 Threshold Limits............................................................ 36

12.2.9 Control Technology Review................................................................ 37

12.2.9.1 Major Stationary Sources.............................................. 37

12.2.9.2 Major Modifications ....................................................... 37

12.2.9.3 Phased Construction Projects....................................... 37

12.2.10 Source Impact Analysis ...................................................................... 37

12.2.10.1 Demonstration of Impact............................................... 37

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12.2.10.2 Violation of Standard..................................................... 38

12.2.11 Air Quality Models .............................................................................. 38

12.2.11.1 Model Applicability ........................................................ 38

12.2.11.2 Model Modifications and Substitutions.......................... 38

12.2.12 Air Quality Analysis............................................................................. 39

12.2.12.1 Preapplication Analysis................................................. 39

12.2.12.2 Post-Construction Monitoring........................................ 40

12.2.12.3 Operations of Monitoring Stations................................. 40

12.2.13 Source Information ............................................................................. 40

12.2.13.1 Required Information..................................................... 40

12.2.13.2 Information on Air Quality Impacts ................................ 40

12.2.14 Additional Impact Analyses ................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation ..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas .......... 41

12.2.15.1 Notice to EPA................................................................ 41

12.2.15.2 Federal Land Manager.................................................. 41

12.2.15.3 Impact of Denial on Air Quality-Related Values ............ 42

12.2.15.4 Class I Variances .......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land 

Manager’s Concurrence................................................ 43

12.2.15.6 Variance by the Governor with the President’s 

Concurrence ................................................................. 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial 

Variance........................................................................ 43

12.2.16 Public Participation............................................................................. 44

12.2.16.1 Notice of Proposed Action............................................. 44

12.2.16.2 Distribution of Notice..................................................... 46

12.2.16.3 Public Hearings............................................................. 46

12.2.16.4 Time Frame................................................................... 46

12.2.16.5 Comments and Approvals............................................. 46

12.2.16.6 Enhanced Public Participation Procedures ................... 47

12.2.17 Source Obligation............................................................................... 47

12.2.17.1 Enforcement.................................................................. 47

12.2.17.2 Termination................................................................... 47

12.2.17.3 Compliance................................................................... 48

12.2.17.4 Relaxation in Enforceable Limitations ........................... 48

12.2.18 Innovative Control Technology ........................................................... 48

12.2.18.1 Request for Approval .................................................... 48

12.2.18.2 Requirements for Approval ........................................... 48

12.2.18.3 Withdrawal of Approval ................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal.................... 49

12.2.19 Plantwide Applicability Limits (PALs).................................................. 49

12.2.19.1 Applicability ................................................................... 50

12.2.19.2 Definitions ..................................................................... 50

12.2.19.3 Permit Application Requirements.................................. 52

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12.2.19.4 General Requirements for Establishing PALs ............... 52

12.2.19.5 Public Participation Requirements for PALs.................. 53

12.2.19.6 Setting the 10-year Actuals PAL Level.......................... 53

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

...................................................................................... 54

12.2.19.8 PAL Effective Period and Reopening of the PAL 

Conditions in a Part 70 Operating Permit...................... 55

12.2.19.9 Expiration of a PAL ....................................................... 56

12.2.19.10 Renewal of a PAL ......................................................... 57

12.2.19.11 Increasing a PAL during the PAL Effective Period ........ 58

12.2.19.12 Monitoring Requirements for PALs ............................... 60

12.2.19.13 Recordkeeping Requirements....................................... 62

12.2.19.14 Reporting and Notification Requirements...................... 63

12.2.19.15 Transition Requirements............................................... 64

12.2.20 Invalidation ......................................................................................... 65

LIST OF TABLES

Table 12.2-1. Increment Limits ................................................................................. 26

Table 12.2-2. Air Quality Impact Limits..................................................................... 36

Table 12.2-3. Significance Levels............................................................................. 38

Table 12.2-4. Maximum Allowable Pollutant Increases ............................................ 42

Table 12.2-5. Maximum Allowable Increase (μg/m3

) ................................................ 44

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12.2 Prevention of Significant Deterioration in Attainment Areas

12.2.1 Applicability Procedures

12.2.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.2 shall apply to the 

construction of any new major stationary source, or any project at an existing major stationary source, within the limits set forth in Section 12.2.1.4, in 

an area designated as attainment or unclassifiable under Sections 

107(d)(1)(A)(ii) or (iii) of the Act.

12.2.1.2 Construction of Major Stationary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the construction of any new major stationary source, or the major modification of any existing major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requirements of Sections 12.2.9 through 12.2.17 apply shall begin actual construction without an Authority to Construct Permit issued pursuant to Section 

12.4 that states that the major stationary source or major modification will 

meet those requirements.

12.2.1.4 Projects

The requirements of Section 12.2 apply to projects at major stationary 

sources in accordance with the principles set out in paragraphs (a) through 

(e) below:

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major 

modification for a regulated NSR pollutant if it causes two (2) types of 

emissions increases: a significant emissions increase, and a significant net emissions increase. The project is not a major modification if 

it does not cause a significant emissions increase. If the project 

causes a significant emissions increase, then the project is a major 

modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating (before beginning actual construction) 

whether a significant emissions increase will occur depends upon the 

type of emissions units being added or modified as part of the 

project, according to paragraphs (c) through (e) of Section 12.2.1.4. 

The procedure for calculating (before beginning actual construction) 

whether a significant net emissions increase will occur at the major 

4-49
stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-Projected-Actual Applicability Test for Projects that 

only involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the projected actual emissions and the 

baseline actual emissions for each existing emissions unit equals or 

exceeds the significant amount for that pollutant.

(d) Actual-to-Potential Test for Projects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase 

of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the potential to emit from each new emissions 

unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR 

Pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in paragraph (c) 

or (d) of Section 12.2.1.4, as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant.

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation 

(PAL) for a regulated NSR pollutant, the major stationary source shall comply with the requirements under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing 

emissions unit at a major stationary source, other than a source with a PAL, 

and the project is not a part of a major modification, and the owner or operator elects to use the method specified in paragraphs (1)(A-D) of the definition of projected actual emissions, found in Section 12.2.2(nn).

(a) Before beginning actual construction of the project, and as a condition of the source's Authority to Construct Permit, the owner or operator shall document and maintain a record of the following information:

(1) A description of the project;

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(2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(C) of the definition of projected actual emissions, as 

found in Section 12.2.2(nn) and an explanation for why such 

amount was excluded, and any netting calculations if applicable.

(b) If the emissions unit is an existing emissions unit, before beginning 

actual construction, the owner or operator shall provide a copy of the 

information set out in Section 12.2.1.6(a) to the Control Officer. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the Control Officer before beginning actual construction. 

(c) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that 

are emitted by any emissions unit identified in Section 12.2.1.6(a)(2); 

and calculate and maintain a record of the annual emissions, in tpy, 

for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated 

NSR pollutant at any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating 

unit, the owner or operator shall submit a report to the Control Officer 

within sixty (60) days after the end of each calendar year during 

which records must be generated under Section 12.2.1.6(c) setting 

out the unit’s annual emissions during the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a 

report to the Control Officer if the annual emissions, in tpy, from the 

project identified in Section 12.2.1.6(a) exceed the baseline actual 

emissions (as documented and maintained pursuant to Section 

12.2.1.6(a)(3)) by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions 

(prior to exclusion of the amount of emissions under the definition of 

projected actual emissions) as documented and maintained pursuant 

to Section 12.2.1.6(a)(3). Such report shall be submitted to the Control Officer within sixty (60) days after the end of such year. The report shall contain the following:

4-51
(1) The name, address, and telephone number of the major stationary source;

(2) The annual emissions, as calculated pursuant to Section 

12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection).

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section 12.2.1.6 available for 

review upon a request for inspection by the Control Officer.

12.2.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a stationary source would qualify as a major stationary source. If a stationary 

source is subject to Section 12.2 on the basis of the direct emissions from 

the stationary source, the requirements of Section 12.2.10, but no other 

provisions of Section 12.2, must also be met for secondary emissions.

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the 

meanings set forth below for the purposes of Section 12.2. When a term is 

not defined in these paragraphs, it shall have the meaning given in Section 

0, or the Act, in that order of priority.

(a) “Actual emissions” means the actual rate of emissions of a regulated 

NSR pollutant from an emissions unit, as determined in accordance 

with this definition.

(1) In general, actual emissions as of a particular date shall equal 

the average rate, in tpy, at which the emissions unit actually 

emitted the regulated NSR pollutant during a consecutive 24-

month period which precedes the particular date and which is 

representative of normal source operation. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period.

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(2) The Control Officer may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of 

the unit.

(3) For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to 

emit of the unit on that date.

(4) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL. 

Instead, projected actual emissions and baseline actual emissions shall apply for those purposes.

(b) “Allowable emissions” means the emissions rate of a stationary 

source calculated using the maximum rated capacity of the source 

(unless the source is subject to practicably enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the 

most stringent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR 

Parts 60, 61 or 63;

(2) Any applicable emission limitation in the Nevada SIP, including 

those with a future compliance date; or

(3) The emissions rate specified as a practicably enforceable permit 

condition, including those with a future compliance date.

(c) “Baseline actual emissions” means the rate of emissions, in tpy, of a 

regulated NSR pollutant, as determined in accordance with paragraphs (1) through (4) of this definition.

(1) For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tpy, at which the 

unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator 

begins actual construction of the project. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups 

and shutdowns, except emissions from a shutdown associated with a malfunction.

(B) The average rate shall be adjusted downward to exclude 

any non-compliant emissions that occurred while the 

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source was operating above any emission limitation that 

was legally enforceable during the consecutive 24-month 

period.

(i) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an 

emission limitation with which the major stationary 

source must comply as of the particular date, had 

such major stationary source been required to 

comply with such limitations during the consecutive 

24-month period. For the purposes of determining 

baseline actual emissions for contemporaneous 

changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date 

is the date on which the particular change occurred. 

However, if an emission limitation is part of a Maximum Achievable Control Technology standard that 

the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need 

only be adjusted if the state of Nevada has taken 

credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G).

(C) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(D) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraph (1)(B) of this definition.

(2) For an existing emissions unit (other than an electric utility 

steam generating unit), baseline actual emissions means the 

average rate, in tpy, at which the emissions unit actually emitted 

the pollutant during any consecutive 24-month period selected 

by the owner or operator within the 10-year period immediately 

preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received by the Control Officer for a permit required 

under these regulations, whichever is earlier, except that the 

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10-year period shall not include any period earlier than November 15, 1990.

(A) The average rate shall include fugitive emissions to the extent quantifiable.

(B) The average rate shall include emissions associated with 

startups and shutdowns, except emissions from a shutdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude

any noncompliant emissions that occurred while the source 

was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period.

(D) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply had such major stationary source been required 

to comply with such limitations during the consecutive 24-

month period. For the purposes of determining baseline 

actual emissions for contemporaneous changes pursuant 

to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is 

part of a Maximum Achievable Control Technology standard that the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need only 

be adjusted if the state of Nevada has taken credit for such 

emissions reductions in an attainment demonstration or

maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraphs (2)(C) and (D) of this 

definition.

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(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from 

the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s 

potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating 

units in accordance with the procedures contained in paragraph 

(1) of this definition, for other existing emissions units in accordance with the procedures contained in paragraph (2) of this definition, and for a new emisssions unit in accordance with the 

procedures contained in paragraph (3) of this definition.

(d) “Baseline area” means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 40 CFR Part 81 in 

which the major stationary source or major modification establishing 

the minor source baseline date would construct, or in which it would 

have an air quality impact equal to or greater than one (1) microgram 

per cubic meter (annual average) of the pollutant for which the minor 

source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 cannot intersect or 

be smaller than the area of impact of any major stationary 

source or major modification which:

(A) Establishes a minor source baseline date; or

(B) Is subject to Section 12 of the AQRs.

(2) Any baseline area established originally for the Total Suspended 

Particulates (TSP) increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain in 

effect if the Control Officer rescinds the corresponding minor 

source baseline date.

(e) “Baseline concentration” means:

(1) That ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established, and shall include:

(A) The actual emissions, representative of sources in existence on the applicable minor source baseline date, except 

as otherwise provided in paragraph (2) of this definition; 

and

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(B) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline 

date, but were not in operation by the applicable minor 

source baseline date.

(2) The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s):

(A) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(f) “Basic design parameter” means:

(1) Except as provided in paragraph (3) of this definition, for a 

process unit at a steam electric generating facility, the owner or 

operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption 

rate, or maximum hourly electric output rate and maximum 

steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality 

based on British Thermal Units (Btu) content shall be used for 

determining the basic design parameter(s) for a coal-fired electric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic 

design parameter(s) for any process unit that is not at a steam 

electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product 

output. Combustion process units will typically use maximum 

rate of fuel input. For sources having multiple end products and 

raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design 

parameter.

(3) If the owner or operator believes the basic design parameter(s) 

in paragraphs (1) and (2) of this definition is not appropriate for 

a specific industry or type of process unit, the owner or operator 

may propose to the Control Officer an alternative basic design 

parameter(s) for the source’s process unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceable that records such basic design parameter(s) and 

4-57
requires the owner or operator to comply with such parameter(s).

(4) The owner or operator shall use credible information, such as 

results of historic maximum capability tests, design information 

from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in 

paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the 

owner or operator shall determine the process unit’s basic design parameter(s) using the maximum value achieved by the 

process unit in the 5-year period immediately preceding the 

planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has

the effect of constraining emissions, that applies to the process 

unit and that is legally enforceable.

(g) “Begin actual construction” means, in general, initiation of physical 

on-site construction activities on an emissions unit which are of a 

permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those 

on-site activities other than preparatory activities which mark the initiation of the change.

(h) “Best Available Control Technology (BACT)” means an emission limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which 

would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts 

and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combustion techniques for control of such pollutant. 

In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable 

standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would make 

the imposition of an emissions standard infeasible, a design, equip4-58
ment, work practice, operational standard, or combination thereof, 

may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for 

compliance by means which achieve equivalent results.

(i) “Building, structure, facility, or installation” means all of the pollutantemitting activities which belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common 

control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same SIC or 

NAICS code) as described in either the Standard Industrial Classification manual, 1972, as amended by the 1977 supplement or the 

North American Industrial Classification System manual. 

(j) “Categorical stationary source” means any stationary source of air 

pollutants that belongs to one of the following categories: 

(1) Fossil fuel-fired steam electric plants of more than 250 million 

Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of 

refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;

4-59
(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber processing plants; and

(26) Charcoal production plants.

(27) Any other stationary source category, which as of August 7, 

1980 is being regulated under Section 111 or 112 of the Act.

(k) “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or postcombustion 

stage at a new or existing facility, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen (NOx) 

associated with the utilization of coal in the generation of electricity or 

process steam which was not in widespread use as of November 15, 

1990.

(l) “Clean Coal Technology Demonstration Project” means a project using funds appropriated under the heading “Department of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least twenty (20) percent 

of the total cost of the demonstration project.

(m) “Commence,” as applied to construction of a major stationary source 

or major modification, means that the owner or operator has all ne4-60
cessary preconstruction approvals or permits, including an Authority 

to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to 

the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable 

time.

(n) “Complete” means, in reference to an application for a permit, that 

the application contains all of the information necessary for 

processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Control Officer 

from requesting or accepting any additional information.

(o) “Construction” means any physical change, or change in the method 

of operation, including fabrication, erection, installation, demolition, or 

modification of an emissions unit, that would result in a change in 

emissions.

(p) “Continuous Emissions Monitoring System (CEMS)” means all of the 

equipment that may be required to meet the data acquisition and 

availability requirements of Section 12.2 to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis. 

(q) “Continuous Emissions Rate Monitoring System (CERMS)” means 

the total equipment required for the determination and recording of 

the pollutant mass emissions rate (in terms of mass per unit of time).

(r) “Continuous Parameter Monitoring System (CPMS)” means all of the 

equipment necessary to meet the data acquisition and availability requirements of Section 12.2, to monitor process and control device 

operational parameters and other information, and to record average 

operational parameter value(s) on a continuous basis.

(s) “Electric Utility Steam Generating Unit” means any steam electric generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity, and more than 

25 MW electrical output, to any utility power distribution system for 

sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining 

the electrical energy output capacity of the affected facility.

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(t) “Emissions unit” means any part of a stationary source that emits, or 

would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of Section 12.2, there are two types of emissions units, as described in paragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any emissions unit which is (or will be) 

newly constructed and which has existed for less than two (2) 

years from the date such emissions unit first operated. For the 

purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph (ii)(6) of Section 12.2.2.

(2) An "existing emissions unit" is any emissions unit that does not 

meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit.

(u) “Federally Enforceable” means all limitations and conditions which 

are enforceable by the Administrator.

(v) “Federal Land Manager” means, with respect to any lands in the 

United States, the Secretary of the Department with authority over 

such lands.

(w) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(x) “High terrain” means any area having an elevation 900 feet or more 

above the base of the stack of a source.

(y) “Indian governing body” means the governing body of any tribe, 

band, or group of Indians subject to the jurisdiction of the United 

States and recognized by the United States as possessing the power 

of self-government.

(z) “Indian reservation” means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.

(aa) “Innovative control technology” means any system of air pollution 

control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous 

emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of 

energy, economics, or non-air-quality environmental impacts.

(bb) “Lowest Achievable Emission Rate (LAER)” means, for any source, 

the more stringent rate of emissions based on the following:

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(1) The most stringent emission limitation which is contained in the 

implementation plan of any state for such class or category of 

stationary source, unless the owner or operator of the proposed 

major stationary source demonstrates that such limitations are 

not achievable; or

(2) The most stringent emission limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the LAER for the 

new or modified emissions units within the stationary source. In 

no event shall the application of the term permit a proposed new 

or modified stationary source to emit any pollutant in excess of 

the amount allowable under an applicable new source standard 

of performance.

For purposes of this definition only, the term “any state” means 

a state, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, and American Samoa, and includes the Commonwealth of the Northern Mariana Islands.

(cc) “Low terrain” means any area other than high terrain.

(dd) “Major modification” means any physical change in, or change in the 

method of operation of, a major stationary source that would result in 

a significant emissions increase of a regulated NSR pollutant and a 

significant net emissions increase of that pollutant from the major stationary source.

(1) Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall 

be considered significant for ozone.

(2) A physical change or change in the method of operation shall 

not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an 

order under Sections 2(a) and (b) of the Energy Supply 

and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;

4-63
(D) Use of an alternative fuel at a steam generating unit, to the 

extent that the fuel is generated from municipal solid 

waste;

(E) Use of an alternative fuel or raw material by a stationary 

source which:

(i) The source was capable of accommodating before 

January 6, 1975, unless such change is prohibited 

under any federally enforceable permit condition 

which was established after January 6, 1975 pursuant to Section 12 or under regulations approved 

pursuant to 40 CFR Part 51, Subpart I, or

(ii) The source is approved to use under any permit issued under Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 

CFR 52.21.

(F) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally 

enforceable permit condition which was established after 

January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to Subpart I of 40 CFR Part 51.

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a 

Temporary Clean Coal Technology Demonstration Project, 

provided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal 

Technology Demonstration Project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or

(J) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

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(3) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Section 12.2.19 for a PAL for 

that regulated NSR pollutant. Instead, the definition of PAL major modification shall apply.

(4) The fugitive emissions of a major stationary source shall not be 

included in determining, for any of the purposes of Section 12.2, 

whether a particular physical change or change in the method of 

operation is a major modification unless the major stationary 

source is a categorical stationary source or belongs to any other 

stationary source category which, as of August 7, 1980, is being 

regulated under Section 111 or 112 of the Act.

(ee) “Major source baseline date” means:

(1) In the case of particulate matter and sulfur dioxide, January 6, 

1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source” 

(1) Means:

(A) Any of the categorical stationary sources of air pollutants 

which emits, or has the potential to emit, 100 tpy or more 

of any regulated NSR pollutant;

(B) Notwithstanding the stationary source size otherwise specified in paragraph (1)(A) of this definition, any noncategorical stationary source which emits, or has the potential to emit, 250 tpy or more of a regulated NSR pollutant; or

(C) Any stationary source specified in paragraphs (1)(A) or 

(1)(B) of this definition which emits, or has the potential to 

emit, Greenhouse Gases (“GHGs”) that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 1, 

2010July 20, 2011

(D) Any physical change that would occur at a stationary 

source not qualifying under paragraphs (1)(A) or (1)(B) of 

this definition as a major stationary source, if the change 

would constitute a major stationary source by itself.

; or

(2) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

4-65
(3) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section 12.2, 

whether it is a major stationary source, unless the source is a 

categorical stationary source or belongs to any other stationary 

source category which, as of August 7, 1980, is being regulated 

under Section 111 or 112 of the Act.

(gg) “Minor source baseline date” means the earliest date after the trigger 

date on which a major stationary source or a major modification subject to Section 12 of the AQRs submits a complete application under 

the relevant regulations.

(1) The trigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 

7, 1977; and

(B) In the case of nitrogen dioxide, February 8, 1988.

(2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established 

if:

(A) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application 

under Section 12.2 of the AQRs; and

(B) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of 

a major modification, there would be a significant net emissions increase of the pollutant.

(3) Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, 

except that the Control Officer shall rescind a minor source 

baseline date where it can be shown, to the satisfaction of the 

Control Officer, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions. 

(hh) “Necessary preconstruction approvals or permits” means those permits or approvals required under air quality control laws and regulations which are part of the Nevada SIP, these regulations, or federal 

air quality control laws and regulations, including the Authority to 

Construct Permits issued pursuant to Section 12.4.

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(ii) “Net emissions increase (NEI)” means, with respect to any regulated 

NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical 

change, or change in the method of operation, at a stationary source as calculated pursuant to Sections 12.2.1.4(a) 

through (e); and

(B) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with 

the particular change and are otherwise creditable.

(C) For the purposes of calculating increases and decreases 

under paragraph (1)(B) of this definition, baseline actual 

emissions shall be determined as provided in the definition 

of baseline actual emissions, except that paragraphs (1)(C) 

and (2)(E) of that definition shall not apply.

(i) For the purposes of calculating increases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions, except as provided in paragraph 

(1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under paragraph (1)(B) of this definition, if the Control Officer 

determines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to Section 12.2.2(a)(1), 

actual emissions after the contemporaneous project 

shall be determined as provided in the definition of 

projected actual emissions.

(iii) For the purposes of calculating decreases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions.

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs 

between the date five (5) years before construction on the particular change commences and the date that the increase from 

the particular change occurs.

4-67
(3) An increase or decrease in actual emissions is creditable only if 

the Control Officer has not relied on it in issuing a permit for the 

source under Section 12 or any other regulation approved by 

the Administrator pursuant to 40 CFR Part 51, which permit is in 

effect when the increase in actual emissions from the particular 

change occurs.

(4) An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent 

that:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions;

(B) It is enforceable as a practical matter at and after the time 

that actual construction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any permit under Section 12, or any other regulations approved 

pursuant to 40 CFR Part 51, Subpart I, nor has the state of 

Nevada relied on it in demonstrating attainment or reasonable further progress; and

(D) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase 

from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. 

Any replacement unit that requires shakedown, or any new 

emissions unit that replaces an existing emissions unit and that 

requires shakedown, becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) 

days. 

(jj) “Potential to emit” means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational design. 

Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the types or amounts of material 

combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is 

enforceable as a practical matter. Secondary emissions do not count 

in determining the potential to emit of a stationary source.

4-68
(kk) “Predictive Emissions Monitoring System (PEMS)” means all of the 

equipment necessary to monitor process and control device operational parameters and other information, and calculate and record the 

mass emissions rate on a continuous basis.

(ll) “Prevention of Significant Deterioration (PSD) Permit” means any 

permit that is issued under a major source preconstruction permit 

program that has been approved by the Administrator and incorporated into the Nevada SIP to implement the requirements of Part C, 

Subchapter I of the Act.

(mm) “Project” means a physical change in, or change in the method of 

operation of, an existing stationary source.

(nn) “Projected actual emissions” means the maximum annual rate, in tpy, 

at which an existing emissions unit is projected to emit a regulated 

NSR pollutant in any one of the five (5) years (12-month period) following the date the unit resumes regular operation after the project, 

or in any one of the ten (10) years following that date if (1) the project 

involves increasing the design capacity or potential to emit of any 

emissions unit for that regulated NSR pollutant, and (2) full utilization 

of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning 

actual construction), the owner or operator of the major stationary source:

(A) Shall consider all relevant information, including, but not 

limited to historical operational data, the company’s own 

representations, the company’s expected business activity 

and highest projections of business activity, the company’s 

filings with the county, state, or federal regulatory authorities, and compliance plans under these regulations; 

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shutdowns except emissions from a shutdown associated with 

a malfunction; and 

(D) Shall exclude, only for calculating any increase in emissions that results from the particular project, that portion of 

the unit’s emissions following the project that an existing 

unit could have accommodated during the consecutive 24-

month period used to establish the baseline actual emissions and that are also unrelated to the particular project, 

4-69
including any increased utilization due to product demand 

growth.

(E) In lieu of using the method set out in paragraphs (1)(A)-(D) 

of this definition, the owner or operator of the major stationary source may elect to use the emissions unit’s potential 

to emit, in tpy.

(oo) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change, or change in the method of operation, associated with commencement of commercial operations by 

a coal-fired utility unit after a period of discontinued operation where 

the unit:

(1) Has not been in operation for the 2-year period prior to the 

enactment of the Act Amendments of 1990, and the emissions 

from such unit continue to be carried in the Clark County emissions inventory at the time of enactment;

(2) Was equipped prior to shutdown with a continuous system of 

emissions control that achieved a removal efficiency for sulfur 

dioxide of no less than eighty-five (85) percent and a removal efficiency for particulates of no less than ninety-eight (98) percent;

(3) Is equipped with low-NOx burners prior to the time of commencing operations following reactivation; and

(4) Is otherwise in compliance with the requirements of these regulations.

(pp) “Regulated NSR pollutant,” for purposes of Section 12.2, means the 

following:

(1) Any pollutant for which a National Ambient Air Quality Standard 

has been promulgated and any constituents or precursors identified by the Administrator;

(2) Any pollutant that is subject to any standard promulgated under 

Section 111 of the Act; 

(3) Any Class I or II substance subject to a standard promulgated 

under or established by Title VI of the Act; or

(4) Any pollutant that otherwise is subject to regulation under the 

Act as defined in 40 CFR § 52.21(b)(49) as of July 1, 2010July 

20, 2011, except that the following pollutants are not regulated 

NSR pollutants unless the listed pollutant is also regulated as a 

4-70
constituent or precursor of a general pollutant listed under Section 108 of the Act:

(A) Any or all Hazardous Air Pollutants (HAPs) either listed in 

Section 112(b)(1) of the Act or added to the list pursuant to 

Section 112(b)(2) of the Act, and not delisted pursuant to 

Section 112(b)(3) of the Act; and

(B) Any or all substances listed pursuant to Section 112(r)(3) 

of the Act.

(qq) “Replacement unit” means an emissions unit for which all the criteria 

listed in paragraphs (1) through (4) of this definition are met. No creditable emission reductions shall be generated from shutting down 

the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of 

40 CFR 60.15(b)(1), or the emissions unit completely takes the 

place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, 

the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of 

the process unit.

(4) The replaced emissions unit is permanently removed from the 

major stationary source, otherwise permanently disabled, or 

permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions 

unit.

(rr) “Repowering” means replacement of an existing coal-fired boiler with 

one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 

integrated gasification fuel cells or—as determined by the Administrator, in consultation with the Secretary of Energy—a derivative of 

one or more of these technologies, and any other technology capable 

of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater 

waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(1) Repowering shall also include any oil and/or gas-fired unit which 

has been awarded Clean Coal Technology Demonstration 

4-71
Project funding as of January 1, 1991, by the U.S. Department 

of Energy.

(2) The Control Officer shall give expedited consideration to permit 

applications for any source that satisfies the requirements of 

Section 12.2.2(rr) and is granted an extension under Section 

409 of the Act.

(ss) “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source 

or major modification itself. For the purpose of Section 12.2, secondary emissions must be specific, well defined, quantifiable, and impact 

the same general area as the stationary source or modification which 

causes the secondary emissions. Secondary emissions include 

emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution 

control equipment or process equipment for any purpose, except routine phasing out of process equipment.

(uu) “Significant” means: 

(1) In reference to a net emissions increase or a source’s potential 

to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates:

• Carbon monoxide: 100 tpy; 

• NOx: 40 tpy;

• Sulfur dioxide: 40 tpy;

• Particulate matter: 25 tpy;

• PM10: 15 tpy;

• PM2.5: 10 tpy of direct PM2.5 emissions or 40 tpy of sulfur 

dioxide emissions or 40 tpy of nitrogen oxide emissions;

• Ozone: 40 tpy of volatile organic compounds or nitrogen 

oxides;

• Lead: 0.6 tpy;

• Fluorides: 3 tpy;

4-72
• Sulfuric acid mist: 7 tpy;

• Hydrogen sulfide (H2S): 10 tpy;

• Total reduced sulfur (including H2S): 10 tpy;

• Reduced sulfur compounds (including H2S): 10 tpy;

• Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tpy). 

• Municipal waste combustor metals (measured as Particulate 

Matter): 14 megagrams per year (15 tpy);

• Municipal waste combustor acid gases (measured as sulfur 

dioxide and hydrogen chloride): 36 megagrams per year (40 

tpy);

• Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 

tpy); and

• Ozone-depleting substances: 100 tpy.

• GHG: The sum of the six well-mixed GHGs on a mass basis 

greater than 0 tpy and the sum of the six well-mixed GHGs 

equal to or greater than 75,000 tpy CO2e as defined in 40 

CFR § 52.21(b)(49) as of July 1, 2010July 20, 2011

(2) “Significant” means, in reference to a net emissions increase or 

a source’s potential to emit a regulated NSR pollutant that is not 

listed in this definition, any emissions rate.

. 

(3) Notwithstanding the pollutant-specific significance levels specified in this definition “significant” means any emissions rate or 

any net emissions increase associated with a major stationary 

source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area 

equal to or greater than 1 microgram per cubic meter (24-hour 

average).

(vv) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

(ww) “Startup” means the setting into operation of any air pollution control 

equipment or process equipment for any purpose except the routine 

phasing in of process equipment.

(xx) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

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(yy) “Temporary Clean Coal Technology Demonstration Project” means a 

Clean Coal Technology Demonstration Project that is operated for a 

period of five (5) years or less, and which complies with the requirements of these regulations and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during 

the project and after it is terminated.

12.2.3 Ambient Air Increments

In areas designated as Class I, II or III, increases in pollutant concentration 

over the baseline concentration shall be limited to the following:

Table 12.2-1. Increment Limits

Pollutant Maximum allowable

increases (μg/m3)

Class I

Particulate Matter

PM10, annual arithmetic mean 4

PM10, 24-hr maximum 8

Sulfur Dioxide

Annual arithmetic mean 2

24-hr maximum 5

3-hr maximum 25

Nitrogen Dioxide Annual arithmetic mean 2.5

Class II

Particulate Matter

PM10, annual arithmetic mean 17

PM10, 24-hr maximum 30

Sulfur Dioxide

Annual arithmetic mean 20

24-hr maximum 91

3-hr maximum 512

Nitrogen Dioxide Annual arithmetic mean 25

Class III

Particulate Matter

PM10, annual arithmetic mean 34

PM10, 24-hr maximum 60

Sulfur Dioxide

Annual arithmetic mean 40

24-hr maximum 182

3-hr maximum 700

Nitrogen Dioxide Annual arithmetic mean 50

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one 

location.

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12.2.4 Ambient Air Ceilings

No concentration of a pollutant shall exceed the concentration permitted under the secondary National Ambient Air Quality Standard or the primary National Ambient Air Quality Standard, whichever is lowest for the pollutant, for 

a period of exposure.

12.2.5 Restrictions On Area Classifications

12.2.5.1 Class I Areas

All of the following areas which were in existence on August 7, 1977, shall 

be Class I areas and may not be redesignated:

(a) International parks,

(b) National wilderness areas which exceed 5,000 acres in size,

(c) National memorial parks which exceed 5,000 acres in size, and

(d) National parks which exceed 6,000 acres in size.

12.2.5.2 Redesignation of Class I Areas

Areas which were redesignated as Class I under regulations promulgated 

before August 7, 1977, shall remain Class I, but may be redesignated as 

provided in 40 CFR Part 51.

12.2.5.3 Class II Areas

Any other area, unless otherwise specified in the legislation creating such 

an area, is initially designated Class II, but may be redesignated as provided 

in 40 CFR Part 51.

12.2.5.4 Redesignating Areas 

The following areas may be redesignated only as Class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size 

and was a national monument, a national primitive area, a national 

preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(b) A national park or national wilderness area established after August 

7, 1977, which exceeds 10,000 acres in size.

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12.2.5.5 Exclusions from Increment Consumption

(a) The following concentrations shall be excluded in determining compliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from 

stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation) over the emissions from such sources before the effective date of such an order;

(2) Concentrations attributable to the increase in emissions from 

sources which have converted from using natural gas by reason 

of natural gas curtailment plan in effect pursuant to the Federal 

Power Act over the emissions from such sources before the effective date of such plan;

(3) Concentrations of particulate matter attributable to the increase 

in emissions from construction or other temporary emissionrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; 

and

(5) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides 

from stationary sources which are affected by plan revisions approved by the Administrator as meeting the criteria specified in 

paragraph (a)(3) of Section 12.2.5.5.

(b) If the plan provides that the concentrations to which paragraphs 

(a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall 

also provide that no exclusion of such concentrations shall apply 

more than five (5) years after the effective date of the order to which 

paragraph (a)(1) of Section 12.2.5.5 refers or the plan to which paragraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If 

both such order and plan are applicable, no such exclusion shall apply more than five (5) years after the later of such effective dates.

(c) For purposes of excluding concentrations pursuant to paragraph 

(a)(5) of Section 12.2.5.5, the Administrator may approve a plan revision that:

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(1) Specifies the time over which the temporary emissions increase 

of sulfur dioxide, particulate matter, or nitrogen oxides would occur. Such time is not to exceed two (2) years in duration unless 

a longer time is approved by the Administrator.

(2) Specifies that the time period for excluding certain contributions 

in accordance with paragraph (c)(1) of Section 12.2.5.5, is not 

renewable;

(3) Allows no emissions increase from a stationary source which 

would:

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or

(B) Cause or contribute to the violation of a National Ambient 

Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period 

specified in accordance with paragraph (c)(1) of Section 

12.2.5.5, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed 

those levels occurring from such sources before the plan revision was approved.

12.2.6 Redesignation

12.2.6.1 Clark County 

All areas of Clark County (except as otherwise provided under Section 

12.2.5) are designated Class II as of December 5, 1974. Redesignation of 

any area of the county (except as otherwise precluded by Section 12.2.5) 

may be proposed by the Control Officer, as provided below and subject to 

approval by the Administrator, as a revision to the Nevada SIP.

12.2.6.2 Requirements

(a) Clark County, through the state of Nevada, may submit to the Administrator a proposal to redesignate areas of the county Class I or Class 

II provided that:

(1) At least one public hearing has been held in accordance with 

the procedures established in Section 12.2.16;

(2) Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty (30) days prior to the public hearing;

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(3) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for 

public inspection at least thirty (30) days prior to the hearing and 

the notice announcing the hearing contained appropriate notification of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an 

area that includes any federal lands, the county, through the

state of Nevada, has provided written notice to the appropriate 

Federal Land Manager and afforded adequate opportunity (not 

in excess of sixty (60) days) to confer with the county respecting 

the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any 

Federal Land Manager had submitted written comments and 

recommendations, the county shall have published a list of any 

inconsistency between such redesignation and such comments 

and recommendations (together with the reasons for making 

such redesignation against the recommendation of the Federal 

Land Manager); and

(5) The county, through the state of Nevada, has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area 

covered by the proposed redesignation.

(b) Any area other than an area to which Section 12.2.5 refers may be 

redesignated as Class III if:

(1) The redesignation would meet the requirements of Section 

12.2.6.2;

(2) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the county and the 

governor, after consultation with the appropriate committees of 

the legislature, if it is in session, or with the leadership of the 

legislature, if it is not in session (unless state law provides that 

the redesignation must be specifically approved by state legislation), and if general purpose units of local government 

representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the 

redesignation;

(3) The redesignation would not cause or contribute to a concentration of any air pollutant which would exceed any maximum al4-78
lowable increase permitted under the classification of any other

area or any National Ambient Air Quality Standard; and

(4) Any permit application for any major stationary source or major 

modification, subject to review under Section 12.2.11, which 

could receive a permit under Section 12.2 only if the area in 

question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was 

practicable for public inspection prior to any public hearing on 

redesignation of the area as Class III.

12.2.6.3 Reserved

12.2.6.4 Administrator Approval

The Administrator will disapprove, within ninety (90) days of submission, a 

proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If 

any such disapproval occurs, the classification of the area shall be that 

which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignation, the county 

may resubmit the proposal after correcting the deficiencies noted by the 

Administrator.

12.2.7 Stack Heights

12.2.7.1 Emission Limitation

The degree of emission limitation required for control of any air pollutant under Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height of any source as exceeds good engineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with respect to stack heights in existence 

before December 31, 1970, or to dispersion techniques implemented before 

then.

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12.2.7.3 Stack Height Limitation

(a) The limitations set forth herein shall not apply to stacks or dispersion 

techniques used by the owner or operator prior to December 31, 

1970, for which the owner or operator had:

(1) Begun, or caused to begin, a continuous program of physical 

on-site construction of the stack;

(2) Entered into building agreements or contractual obligations, 

which could not be cancelled or modified without substantial 

loss to the owner or operator, to undertake a program of construction of the stack, to be completed in a reasonable time; or

(3) Coal-fired steam electric generating units, subject to the provisions of Section 118 of the Act, which commenced operation before July 1, 1975, with stacks constructed under a construction 

contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculated as the greater of 

the four numbers in paragraphs (b)(1) through (b)(4) of Section 

12.2.7.3:

(1) 213.25 feet (65 meters);

(2) For stacks in existence on January 12, 1979, and for which the 

owner or operator had obtained all applicable preconstruction 

permits or approvals required under 40 CFR Part 51 or 52, Hg = 

2.5H;

(3) For all other stacks, Hg = H + 1.5L, where:

Hg = Good engineering practice stack height, measured from 

the ground-level elevation at the base of the stack

H = Height of nearby structure, measured from the groundlevel elevation at the base of the stack

L = Lesser dimension (height or projected width) of nearby 

structure

provided that the EPA, the Control Officer, or a local control 

agency may require the use of a field study or fluid model to verify good engineering practice (GEP) stack height for the source; 

or

(4) The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of 

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any air pollutant as a result of atmospheric downwash, wakes, 

or eddy effects created by the source itself, nearby structures, or 

nearby terrain obstacles.

(5) For a specific structure or terrain feature, “nearby” shall be:

(A) For purposes of applying the formulae in paragraphs (b)(2) 

and (b)(3) of Section 12.2.7.3, that distance up to five (5) 

times the lesser of the height or the width dimension of a 

structure, but not greater than 0.8 km (1/2 mile);

(B) For conducting demonstrations under paragraph (b)(4) of 

Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 

ten (10) times the maximum height (H+) of the feature, not 

to exceed two (2) miles if such feature achieved a height 

(H+) 0.8 km from the stack. The height shall be at least forty (40) percent of the GEP stack height as determined by 

the formula provided in paragraph (b)(3) of Section 

12.2.7.3 or 85 feet (26 meters), whichever is greater, as 

measured from the ground-level elevation at the base of 

the stack.

(6) “Excessive concentrations” means, for the purpose of determining GEP stack height under paragraph (b)(4) of Section 

12.2.7.3:

(A) For sources seeking credit for stack height exceeding that 

established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, a maximum ground-level concentration due to 

emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at 

least forty (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 a National Ambient Air Quality Standard. For 

sources subject to the requirements for permits or permit 

revisions under Section 12.2.7.3, 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 forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, 

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wakes, or eddy effects, and greater than the applicable 

maximum allowable increase contained in Section 12.2.3. 

The allowable emissions rate to be used in making demonstrations under paragraph (b)(4) of Section 12.2.7.3 

shall be prescribed by the new source performance standard which 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 Control Officer, an alternative emission rate shall be 

established in consultation with the source owner or operator;

(B) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, either:

(i) A maximum ground-level concentration due in 

whole or in part to downwash, wakes, or eddy effects as provided in paragraph (b)(4) of Section 

12.2.7.3, except that the emission rate specified by 

any applicable SIP shall be used; or

(ii) The actual presence of a local nuisance caused by 

the existing stack, as determined by the Control Officer.

(C) For sources seeking credit after January 12, 1979, for a 

stack height determined under paragraphs (b)(2) and (b)(3) 

of Section 12.2.7.3, where the Control Officer requires the 

use of a field study or fluid model to verify GEP 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 paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, 

a maximum ground-level concentration due in whole or in 

part to downwash, wakes, or eddy effects that is at least 

forty (40) percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or 

eddy effects.

(c) The degree of emission limitation required of any source after the respective date given in paragraph (a) of Section 12.2.7.3 for control of 

any pollutant shall not be affected by so much of any source’s stack 

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height that exceeds good engineering practice, or by any other dispersion technique.

(d) Before the Control Officer issues an Authority to Construct Permit or 

permit revision under Section 12.2 to a source based on a good engineering practice stack height that exceeds the height allowed by 

paragraph (b) of Section 12.2.7.3, the Control Officer shall notify the 

public of the availability of the demonstration study and provide the 

opportunity for a public hearing in accordance with the requirements 

of Section 12.2.16.

12.2.8 Exemptions

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

particular major stationary source or major modification if:

(a) The major stationary source or major modification would be a nonprofit health or nonprofit educational institution, or the major modification would occur at such an institution; or

(b) The source is a portable stationary source which has previously received a permit, and:

(1) The owner or operator proposes to relocate the major stationary 

source, and emissions of the major stationary source at the new 

location would be temporary; 

(2) The emissions from the major stationary source would not exceed its allowable emissions; 

(3) The emissions from the major stationary source would impact 

no Class I area and no area where an applicable increment is 

known to be violated; and

(4) Reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable 

duration of operation at the new location. Such notice shall be 

given to the Control Officer not less than ten (10) days in advance of the proposed relocation unless a different time duration 

is previously approved by the Control Officer.

12.2.8.1 Nonattainment Areas

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

major stationary source or major modification with respect to a particular 

pollutant if the owner or operator demonstrates that, as to that pollutant, the 

major stationary source or major modification is located in an area designated as nonattainment under 40 CFR 81.329.

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12.2.8.2 Class I Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply 

to a major stationary source or major modification with respect to a particular pollutant if the allowable emissions of that pollutant from the major stationary source or the net emissions increase of that pollutant from the major 

modification:

(a) Would impact no Class I area and no area where an applicable increment is known to be violated; and

(b) Would be temporary.

12.2.8.3 Class II Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate 

to any maximum allowable increase for a Class II area shall not apply to a 

major modification at a stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT would be less than 

fifty (50) tpy.

12.2.8.4 Threshold Limits

The Control Officer may exempt a major stationary source or major modification from the requirements of Section 12.2.12, with respect to monitoring 

for a particular pollutant, if:

(a) The emissions increase of the pollutant from the new source, or the 

net emissions increase of the pollutant from the modification, would 

cause, in any area, air quality impacts less than the following 

amounts.

Table 12.2-2. Air Quality Impact Limits

Pollutant Emissions Increase (μg/m 3)

Carbon monoxide, 8-hour average 575

Nitrogen dioxide, annual average 14

PM10, 24-hour average 10

Sulfur dioxide, 24-hour average 13

Ozone

No de minimis air quality level is provided for ozone. However, any net increase of 100 tpy or more of VOCs or NOx 

subject to PSD would require an ambient impact analysis, 

including the gathering of ambient air quality data.

Lead, 3-month average 0.1

Fluorides, 24-hour average 0.25

Total reduced sulfur, 1-hour average 10

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Pollutant Emissions Increase (μg/m 3

)

Hydrogen sulfide, 1-hour average 0.2

Reduced sulfur compounds, 1-hour average 10

(b) The concentrations of the pollutant in the area that the major stationary source or major modification would affect are less than the concentrations listed in paragraph (a) of Section 12.2.8.4; or 

(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4.

12.2.9 Control Technology Review

A major stationary source or major modification shall meet each applicable 

requirement.

12.2.9.1 Major Stationary Sources

A new major stationary source shall apply BACT for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts.

12.2.9.2 Major Modifications

A major modification shall apply BACT for each regulated NSR pollutant for 

which it would result in a significant net emissions increase at the stationary 

source. This requirement applies to each proposed emissions unit at which 

a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit. 

12.2.9.3 Phased Construction Projects

For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate 

the adequacy of any previous determination of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact 

The owner or operator of the proposed major stationary source or major 

modification shall demonstrate that allowable emissions increases from the 

proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would 

not cause or contribute to air pollution in violation of:

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(a) Any NAAQS in any air quality control region; or

(b) Any applicable maximum allowable increase over the baseline concentration in any area.

12.2.10.2 Violation of Standard

A major stationary source or major modification will be considered to cause 

or contribute to a violation of a National Ambient Air Quality Standard when 

such source or modification would, at a minimum, exceed the significance 

levels listed in Table 12.2-3 at any locality that does not (or would not) meet 

the applicable national standard.

Table 12.2-3. Significance Levels 

Pollutant Annual

Significance Levels

Averaging time (hours)

24 8 3 1

SO2 1.0 μg/m3 5 μg/m3 25 μg/m3

PM10 1.0 μg/m3 5 μg/m3

NO2 1.0 μg/m3

CO 0.5 mg/m3 2 mg/m3

12.2.11 Air Quality Models

12.2.11.1 Model Applicability

All estimates of ambient concentrations required under Section 12.2 shall be 

based on applicable air quality models, databases, and other requirements 

specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”).

12.2.11.2 Model Modifications and Substitutions

Where an air quality model specified in 40 CFR Part 51, Appendix W 

(“Guideline on Air Quality Models”) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a 

model may be made on a case-by-case basis or, where appropriate, on a 

generic basis. Written approval of the Administrator must be obtained for 

any modification or substitution. In addition, use of a modified or substituted 

model must be subject to notice and opportunity for public comment under 

procedures developed in accordance with Section 12.2.16.

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12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

(a) Any application for an Authority to Construct Permit under Section 

12.2 shall contain an analysis of ambient air quality in the area that 

the major stationary source or major modification would affect for 

each of the following :

(1) For the source, each pollutant that it would have the potential to 

emit in a significant amount; or 

(2) For the modification, each pollutant for which it would result in a 

significant net emissions increase.

(b) With respect to any such pollutant for which no National Ambient Air 

Quality Standard exists, the analysis shall contain such air quality 

monitoring data as the Control Officer determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain 

continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(d) In general, the continuous air quality monitoring data that is required 

shall have been gathered over a period of at least one (1) year and 

shall represent at least the year preceding receipt of the application; 

except that, if the Control Officer determines that a complete and 

adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than 

four (4) months), the data that is required shall have been gathered 

over at least that shorter period.

(e) The owner or operator of a proposed new stationary source or modification of an existing stationary source of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, 

Section IV may provide post-approval monitoring data for ozone in 

lieu of providing preconstruction data as required under Section 

12.2.12.1.

(f) With respect to any requirements for air quality monitoring of PM10, 

the owner or operator of the major stationary source or major modification shall use a monitoring method approved by the Administrator 

and shall estimate the ambient concentrations of PM10 using the data 

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collected by such approved monitoring method in accordance with 

estimating procedures approved by the Control Officer.

12.2.12.2 Post-Construction Monitoring

The owner or operator of a major stationary source or major modification 

shall, after construction of the major stationary source or major modification, 

conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissions from the major stationary source 

or major modification may have, or are having, on air quality in any area.

12.2.12.3 Operations of Monitoring Stations 

The owner or operator of a major stationary source or major modification 

shall meet the requirements of 40 CFR Part 58, Appendix B during the operation of monitoring stations for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or 

make any determination required under Section 12.2.13.

12.2.13.1 Required Information

With respect to a major stationary source or major modification to which 

Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such information shall 

include:

(a) A description of the nature, location, design capacity, and typical operating schedule of the major stationary source or major modification, 

including specifications and drawings showing its design and plant 

layout;

(b) A detailed schedule for construction of the major stationary source or 

major modification;

(c) A detailed description as to what system of continuous emission reduction is planned for the major stationary source or major modification, emission estimates, and any other information necessary to determine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Control Officer, the owner or operator shall also provide 

information on:

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(a) The air quality impact of the major stationary source or major modification, including meteorological and topographical data necessary to 

estimate such impact; and

(b) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has 

occurred since the major source baseline date in the area the major 

stationary source or major modification would affect.

12.2.14 Additional Impact Analyses

12.2.14.1 Visibility, Soils, and Vegetation

The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the proposed major 

stationary source or major modification, and general commercial, residential, industrial and other growth associated with the major stationary source 

or major modification. The owner or operator need not provide an analysis 

of the impact on vegetation having no significant commercial or recreational 

value.

12.2.14.2 Commercial, Residential, Industrial, and Other Growth

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, 

and other growth associated with the source or modification.

12.2.15 Additional Requirements for Sources Impacting Class I Areas

12.2.15.1 Notice to EPA

The Control Officer shall transmit to the Administrator a copy of each permit 

application relating to a major stationary source or major modification, and 

provide notice to the Administrator of every action related to the consideration of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality-related values (including visibility) of any such 

lands and to consider, in consultation with the Administrator, whether a proposed source or modification would have an adverse impact on such values. The Control Officer shall consult with the Federal Land Manager on a 

proposed major stationary source or major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307.

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12.2.15.3 Impact of Denial on Air Quality-Related Values

A Federal Land Manager of any Class I lands may present to the county, after the Control Officer’s preliminary determination (required under procedures developed in accordance with Section 12.2.16), a demonstration that 

the emissions from the proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air quality 

resulting from emissions from such source or modification would not cause 

or contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the county, through the state of Nevada, concurs with such demonstration, the Control Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source 

would have no adverse impact on the air quality-related values of such 

lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or 

contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the Federal Land Manager concurs with such 

demonstration and so certifies to the state of Nevada, the Control Officer 

may, provided that applicable requirements are otherwise met, issue the 

permit with such emission limitations as may be necessary to assure that 

emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such 

pollutants.

Table 12.2-4. Maximum Allowable Pollutant Increases

Pollutant Maximum allowable 

increase (μg/m3)

Particulate Matter:

PM10, annual arithmetic mean 17

PM10, 24-hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hr maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

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12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s 

Concurrence

(a) The owner or operator of a proposed source or modification which 

cannot be approved under procedures developed pursuant to Section 12.2.16 may demonstrate to the governor, through the Control 

Officer, that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods 

of twenty-four (24) hours or less applicable to any Class I area and, 

in the case of federal mandatory Class I areas, that a variance under 

this clause would not adversely affect the air quality related values of 

the area (including visibility).

(b) The Control Officer, through the governor, after consideration of the 

Federal Land Manager’s recommendation (if any) and subject to his 

concurrence, may grant, after notice and an opportunity for a public 

hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the Control Officer may issue a permit to 

such source or modification in accordance with provisions developed 

pursuant to Section 12.2.16, provided that the applicable requirements of the Nevada SIP are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Control Officer, through the governor, 

and the Federal Land Manager shall be transferred to the president 

in any case where the governor recommends a variance in which the 

Federal Land Manager does not concur.

(b) The president may approve the governor’s recommendation if he 

finds that such variance is in the national interest.

(c) If such a variance is approved, the Control Officer may issue a permit 

in accordance with provisions developed pursuant to the requirements of Section 12.2.16, provided that the applicable requirements 

of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Section 12.2.16, the source or modification shall comply with emission limitations as may be necessary to assure that emissions of sulfur dioxide from 

the source or modification would not (during any day on which the otherwise 

applicable maximum allowable increases are exceeded) cause or contribute 

to concentrations which would exceed the maximum allowable increases 

over the baseline concentration shown in Table 12.2-5, and to assure that 

such emissions would not cause or contribute to concentrations which ex4-91
ceed the otherwise applicable maximum allowable increases for periods of 

exposure of twenty-four (24) hours or less for more than eighteen (18) days, 

not necessarily consecutive, during any annual period.

Table 12.2-5. Maximum Allowable Increase (μg/m3) 

Period of exposure Low Terrain High Terrain

24-hr maximum 36 62

3-hr maximum 130 221

12.2.16 Public Participation

12.2.16.1 Notice of Proposed Action

(a) An application shall be deemed to be complete unless, within sixty 

(60) days of receipt, the Control Officer notifies the applicant by certified mail that the application is deficient and not complete. In the 

event of a deficiency, the date of receipt of the application shall be 

the date on which the Control Officer received all required information.

(b) Within one (1) year after receipt of a complete application, the Control Officer shall:

(1) Make a preliminary determination whether construction should 

be approved, approved with conditions, or disapproved; and

(2) Make available in at least one (1) location in each region in 

which the proposed source would be constructed a copy of all 

materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, 

considered in making the preliminary determination.

(c) After receipt of a complete application for an Authority to Construct 

Permit under Sections 12.2, or 12.3 and 12.4, the Control Officer

shall publish in a newspaper of general circulation within Clark County, Nevada, within each region in which the proposed source would 

be constructed, and on the department's web site a Notice of Proposed Action on the application containing the following:

(1) The date of the department’s receipt of the completed application;

(2) The location where documents relevant to the application will be 

available;

(3) For an Authority to Construct Permit reviewed pursuant to Section 12.2, a summary of the following:

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(A) The results of air quality modeling and any other air quality 

impact analyses;

(B) The results of the analysis of alternatives;

(C) The determination of BACT; and

(D) The level of PSD increments to be consumed by the 

source, as determined under Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Section 12.3, a summary of the following:

(A) Statewide compliance demonstration;

(B) Air quality impact analysis;

(C) Determination of the LAER; and

(D) Description of the emissions offsets relied upon in the application.

(5) The department’s preliminary determination of whether the application should be approved or disapproved;

(6) The proposed Authority to Construct Permit conditions;

(7) A determination by the Control Officer that the approval of the 

construction will not cause or contribute to a violation of a National Ambient Air Quality Standard, a PSD increment identified 

in Section 12.2.3, or otherwise violate any provisions of the Nevada SIP;

(8) The total PTE of each regulated NSR pollutant, as applicable;

(9) An opportunity for any person to submit written comments on 

the application and any documents relevant to the application; 

and

(10) An opportunity for any person to request a public hearing at 

which oral and written comments on the application will be received, or notice of such a hearing if one has been scheduled.

(d) All written comments must be received by the Control Officer within 

thirty (30) days from the publication date of the Notice of Proposed 

Action.

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12.2.16.2 Distribution of Notice 

The Control Officer shall send a copy of the Notice of Proposed Action to 

the applicant and to officials and agencies having jurisdiction over the location where the proposed construction would occur, including:

(a) Any other state or local air pollution control agencies;

(b) The chief executives of the city and county where the source would 

be located;

(c) Any comprehensive regional land use planning agency;

(d) Any state, Federal Land Manager, and Indian governing body whose 

lands may be affected by emissions from the source or modification;

(e) The Regional Administrator for EPA’s Region 9; and

(f) Any other person who requests such notice.

12.2.16.3 Public Hearings

During the Notice of Proposed Action public comment period specified in 

Section 12.2.16.1, any person may petition the Control Officer, in writing, for 

a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, and the reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer determines that there is a 

significant degree of public interest, the Control Officer shall hold a public 

hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all relevant factors, including, 

but not limited to, the number of petitioners, the nature of their concerns as 

stated in their petitions, the type and quantity of pollutants emitted by the 

source and the proximity of the source to sensitive areas like parks, schools, 

hospitals, residential areas or Class 1 air sheds.

The petitioner and the applicant shall receive no less than seven (7) days’ 

prior written notice of the date and location of the public hearing. Any notice 

of hearing shall also be posted on the department’s website no less than 

seven (7) days prior to the public hearing. 

12.2.16.5 Comments and Approvals

The Control Officer shall also:

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(a) Consider all written comments submitted within a time specified in 

the notice of public comment, and all comments received at any public hearing(s), in making a final decision on the approvability of the 

application. The Control Officer shall make all comments available for

public inspection in the same locations where the Control Officer 

made available preconstruction information relating to the proposed 

source or modification;

(b) Make a final determination whether construction should be approved, 

approved with conditions, or disapproved; and

(c) Notify the applicant in writing of the final determination and make 

such notification available for public inspection at the same location 

where the Control Officer made available preconstruction information 

and public comments relating to the source.

12.2.16.6 Enhanced Public Participation Procedures

If the terms and conditions of an Authority to Construct Permit are to be incorporated into a Part 70 Operating Permit through an administrative permit 

revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to 

the foregoing public participation procedures, the applicant shall comply with 

the requirements of Section 12.5.2.17.

12.2.17 Source Obligation

12.2.17.1 Enforcement

Any owner or operator who constructs or operates a source or modification 

not in accordance with the application submitted pursuant to Section 12.2 

and with any changes to the application as required by the Control Officer, 

or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subject to Section 12.2 who begins actual 

construction after the effective date of these AQRs without applying for and 

receiving an Authority to Construct Permit, shall be subject to enforcement 

action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not commenced within eighteen (18) months after receipt of such permit if construction is discontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Control Officer may 

extend the 18-month period upon a satisfactory showing of good cause why 

an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction 

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project; each phase must commence construction within eighteen (18) 

months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner 

or operator of the responsibility to comply fully with applicable provisions of 

the Nevada SIP and any other requirements under local, state, or federal 

law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a 

major stationary source or major modification solely by virtue of a relaxation 

in any enforceable limitation which was established after August 7, 1980, on 

the capacity of the stationary source or modification otherwise to emit a pollutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply 

to the stationary source or modification as though construction had not yet 

commenced on the stationary source or modification. 

12.2.18 Innovative Control Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major modification may request the Control Officer to approve a system of innovative 

control technology.

12.2.18.2 Requirements for Approval

The Control Officer may, with the consent of the governor of the state of 

Nevada and the governors of other affected states, determine that the major 

stationary source or major modification may employ a system of innovative 

control technology if:

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or 

function;

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required 

under Section 12.2.9.2 by a date specified by the Control Officer. 

Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit issuance;

(c) The major stationary source or major modification would meet the 

requirements of Sections 12.2.9 and 12.2.10, based on the emis4-96
sions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Control Officer; 

(d) The major stationary source or major modification would not, before 

the date specified by the Control Officer:

(1) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

(2) Impact any area where an applicable increment is known to be 

violated.

(e) All other Applicable Requirements, including those for public participation, have been met; and

(f) The provisions of Section 12.2.15 (relating to Class I areas) have 

been satisfied with respect to all periods during the life of the major 

stationary source or major modification.

12.2.18.3 Withdrawal of Approval

The Control Officer shall withdraw any approval to employ a system of innovative control technology made under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; 

(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(c) The Control Officer decides at any time that the proposed system is 

unlikely to achieve the required level of control or to protect the public 

health, welfare, or safety.

12.2.18.4 BACT Extension for Failure or Withdrawal

If a major stationary source or major modification fails to meet the required 

level of continuous emission reduction within the specified time period, or 

the approval is withdrawn in accordance with Section 12.2.18.3, the Control 

Officer may allow the major stationary source or major modification up to an 

additional three (3) years to meet the requirement for the application of 

BACT through use of a demonstrated system of control.

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19.1 through 12.2.19.15 of this section govern actuals PALs.

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12.2.19.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any 

existing major stationary source if the PAL meets the requirements in 

Sections 12.2.19.1 through 12.2.19.15. The term “PAL” shall mean 

“actuals PAL” throughout Section 12.2.19.

(b) Any physical change in, or change in the method of operation of, a 

major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of Section 

12.2.19, and complies with the Authority to Construct Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the PSD program; and

(3) Is not subject to the provisions in Section 12.2.17.4.

(c) Except as provided under paragraph (b)(3) of Section 12.2.19.1, a 

major stationary source shall continue to comply with all applicable 

federal, state or county requirements, emission limitations, and work 

practice requirements that were established prior to the effective date 

of the PAL.

12.2.19.2 Definitions 

(a) Unless the context otherwise requires, the following terms shall have 

the meanings set forth below for the purposes of Section 12.2.19. 

When a term is not defined in these paragraphs, it shall have the 

meaning given in Section 0, Section 12.4, or the Act.

(1) “Actuals PAL for a major stationary source” means a PAL based 

on the baseline actual emissions of all emissions units at the 

source that emit, or have the potential to emit, the PAL pollutant.

(2) “Allowable emissions” means “allowable emissions” as defined 

in paragraph (a)(3) of Section 12.2.2, except as that definition is 

modified according to paragraph (A) of this definition:

(A) The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit. 

(3) “Major emissions unit” means:

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(A) Any emissions unit that emits, or has the potential to emit, 

100 tpy or more of the PAL pollutant in an attainment area; 

or

(B) Any emissions unit that emits, or has the potential to emit, 

the PAL pollutant in an amount that is equal to or greater 

than the major source threshold for the PAL pollutant as 

defined by the Act for nonattainment areas.

(4) “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 

Sections 12.2.19.1 through 12.2.19.15.

(5) “PAL effective date” generally means the date of issuance of the 

Authority to Construct Permit. However, the PAL effective date 

for an increased PAL is the date any emissions unit which is 

part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(6) “PAL effective period” means the period beginning with the PAL 

effective date and ending ten (10) years later.

(7) “PAL major modification” means, notwithstanding the definitions 

for major modification and net emissions increase, any physical 

change in, or change in the method of operation of, the PAL 

source that causes it to emit the PAL pollutant at a level equal to 

or greater than the PAL.

(8) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.

(9) “Significant emissions unit” means an emissions unit that emits, 

or has the potential to emit, a PAL pollutant in an amount that is 

equal to or greater than the significant level as defined in these 

AQRs or the Act, whichever is lower, for that PAL pollutant, but 

less than the amount that would qualify the unit as a major 

emissions unit.

(10) “Small emissions unit” means an emissions unit that emits, or 

has the potential to emit, the PAL pollutant in an amount less 

than the significant level for that PAL pollutant as defined in 

these AQRs or the Act, whichever is lower.

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12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, 

the owner or operator of a major stationary source shall submit the following 

information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner 

or operator of the source shall indicate which, if any, federal, state or 

county applicable requirements, emission limitations, or work practices apply to each unit;

(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction; and

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (a) of Section 

12.2.19.13.

12.2.19.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary 

source, provided that, at a minimum, the requirements in paragraphs 

(a)(1) through (a)(7) of Section 12.2.19.4 are met.

(1) The PAL shall impose an annual emission limitation, in tpy, that 

is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major 

stationary source owner or operator shall show that the sum of 

the monthly emissions from each emissions unit under the PAL 

for the previous twelve (12) consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the 

major stationary source owner or operator shall show that the 

sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in an Authority to Construct Permit 

that meets the public participation requirements in Section 

12.2.19.5.

(3) The Authority to Construct Permit shall contain all the requirements of Section 12.2.19.7.

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(4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit, or have the potential to 

emit, the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in Sections 12.2.19.12 through 

12.2.19.14 for each emissions unit under the PAL through the 

PAL effective period.

(b) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant which occur during the PAL effective period creditable as decreases for purposes of offsets under Section 

12.3.6 unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the 

absence of the PAL.

12.2.19.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or 

increased through the public participation procedures in Section 12.2.16.

12.2.19.6 Setting the 10-year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.2.19.6, the actuals 

PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions of the PAL pollutant for each 

emissions unit at the source plus an amount equal to the applicable 

significant level for the PAL pollutant under these AQRs or under the 

Act, whichever is lower. When establishing the actuals PAL level for 

a PAL pollutant, only one consecutive 24-month period must be used 

to determine the baseline actual emissions for all existing emissions 

units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. Emissions associated with 

units that were permanently shut down after this 24-month period 

must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tpy) in the Authority to Construct Permit, to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Control 

Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (this does not include modifications to 

existing units) on which actual construction began after the 24-month

period, in lieu of adding the baseline actual emissions as specified in 

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paragraph (a) of Section 12.2.19.6, the emissions must be added to 

the PAL level in an amount equal to the PTE of the units.

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

The contents shall include the information in paragraphs Section 12.2.19.7 

(a) through (j) as listed below:

(a) The PAL pollutant and the applicable source-wide emission limitation 

in tpy.

(b) The effective date and the expiration date of the PAL conditions (i.e., 

PAL effective period).

(c) Specification in the permit that if a major stationary source owner or 

operator applies to renew the PAL conditions in accordance with 

Section 12.2.19.10 before the end of the PAL effective period, then 

the PAL conditions shall not expire at the end of the PAL effective 

period. It shall remain in effect until a revised Part 70 Operating Permit is issued by the Control Officer;

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the requirements of Section 12.2.19.9;

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month rolling total, 

as required by paragraph (a) of Section 12.2.19.13;

(g) A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provisions under 

Section 12.2.19.12;

(h) A requirement to retain the records required under Section 

12.2.19.13 on-site. Such records may be retained in an electronic 

format;

(i) A requirement to submit the reports required under Section 

12.2.19.14 by the required deadlines; and

(j) Any other requirements that the Control Officer deems necessary to 

implement and enforce the PAL conditions.

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12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 

70 Operating Permit

The conditions in a Part 70 Operating Permit that contain a PAL shall include the following information: 

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) years from the date of issuance.

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit

(1) During the PAL effective period, the permit shall require the 

Control Officer to reopen the PAL conditions in a Part 70 Operating Permit to:

(A) Correct typographical/calculation errors made in setting the 

PAL, or reflect a more accurate determination of emissions 

used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for 

use as offsets under Section 12.3; or

(C) Revise the PAL to reflect an increase in the PAL, as provided under Section 12.2.19.11.

(2) The Control Officer may reopen the conditions of a Part 70 Operating Permit authorizing a PAL for the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective 

date.

(B) Reduce the PAL consistent with any other requirement that 

is enforceable as a practical matter, and that the Control 

Officer may impose on the major stationary source under 

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a reduction is necessary to avoid causing or contributing to a 

National Ambient Air Quality Standard or PSD increment 

violation, or to an adverse impact on an air quality-related 

value that has been identified for a federal Class I area by 

a Federal Land Manager and for which information is 

available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.2.19.8 for the correction of typographical/calculation er4-103
rors that do not increase the PAL level, all other reopenings 

shall be carried out as significant permit revisions to a Part 70 

Operating Permit. 

12.2.19.9 Expiration of a PAL 

Any PAL which is not renewed in accordance with the procedures in Section 

12.2.19.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e) of Section 12.2.19.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that existed 

under the PAL shall comply with an allowable emission limitation under a revised Part 70 Operating Permit established according to the 

procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9:

(1) Within the time frame specified for PAL renewals in paragraph 

(b) of Section 12.2.19.10, the major stationary source shall 

submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Control Officer) by 

distributing the PAL allowable emissions for the affected major 

stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an 

applicable requirement that became effective during the PAL effective period, as required under paragraph (e) of Section 

12.2.19.10, such distribution shall be made as if the PAL had 

been adjusted. 

(2) The Control Officer will decide whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 

Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Control Officer determines is appropriate.

(b) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve 

the use of monitoring systems other than CEMS, CERMS, PEMS, or 

CPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit 

incorporating allowable limits for each emissions unit, or each group 

of emissions units, as required under paragraph (a)(2) of Section 

12.2.19.9, the source shall continue to comply with a source-wide, 

multi-unit emissions cap equivalent to the level of the PAL emission 

limitation.

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(d) Any physical change in, or change in the method of operation at, the 

major stationary source will be subject to major NSR requirements if 

such change meets the definition of major modification.

(e) The major stationary source owner or operator shall continue to 

comply with any federal, state or county applicable requirements that 

may have applied either during the PAL effective period or prior to 

the PAL effective period, except for those limitations that were eliminated by the PAL in accordance with the provisions of paragraph 

(b)(3) of Section 12.2.19.1.

12.2.19.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in Sections 

12.2.19.5 and 12.4 in approving any request to renew the PAL conditions in a Part 70 Operating Permit, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to 

the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by 

the Control Officer.

(b) Application Deadline. A major stationary source owner or operator 

shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely 

application is one that is submitted at least six (6) months prior to, but 

not earlier than eighteen (18) prior to, the date of expiration of the 

Part 70 Operating Permit containing the PAL. This deadline for application submittal is to ensure that the permit will not expire before the 

permit is renewed. If the owner or operator of a major stationary 

source submits a complete application to renew the PAL conditions 

in a Part 70 Operating Permit within this time period, then the PAL 

conditions shall continue to be effective until the revised permit with 

the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL conditions shall be incorporated into the application for renewal of the affected Part 70 Operating Permit, and shall contain the information 

required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10:

(1) The information required in paragraphs (a) through (c) of Section 12.2.19.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with 

supporting documentation); and

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(4) Any other information the owner or operator wishes the Control 

Officer to consider in determining the appropriate level for renewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the 

PAL, the Control Officer will consider the options outlined in paragraphs (d)(1) and (d)(2) of this Section 12.2.19.10. However, in no 

case may any such adjustment fail to comply with paragraph (d)(3) of 

Section 12.2.19.10.

(1) If the emissions level calculated in accordance with Section 

12.2.19.6 is equal to or greater than eighty (80) percent of the 

PAL level, the Control Officer may renew the PAL at the same 

level without considering the factors set forth in paragraph (d)(2) 

of Section 12.2.19; or

(2) The Control Officer may set the PAL at a level that he determines to be more representative of the source’s baseline actual 

emissions, or that he or she determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other 

factors as specifically identified by the Control Officer in his or 

her written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stationary source is less than the 

PAL, the Control Officer shall adjust the PAL to a level no 

greater than the PTE of the source; and

(B) The Control Officer shall not approve a renewed PAL level 

higher than the current PAL, unless the major stationary 

source has complied with the provisions of Section 

12.2.19.11.

(e) If the compliance date for a federal or state requirement that applies 

to the PAL source occurs during the PAL effective period, and if the 

Control Officer has not already adjusted for such requirement, the 

PAL shall be adjusted at the time the affected Part 70 Operating 

Permit is renewed.

12.2.19.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the 

major stationary source complies with the provisions in paragraphs 

(a)(1) through (a)(4) of Section 12.2.19.11:

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(1) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit as a significant revision to the affected Part 70 Operating 

Permit. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major 

stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual 

emissions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions 

units (assuming application of BACT-equivalent controls), plus 

the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would 

result from BACT-equivalent controls on each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless 

the emissions unit is currently required to comply with a BACT 

or LAER requirement that was established within the preceding 

ten (10) years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit 

pursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.2.19.11, regardless of the magnitude of the emissions increase resulting from them. The emissions unit(s) shall comply with any emissions requirements 

resulting from the Authority to Construct Permit issuance 

process, even though it has also become subject to the PAL or 

continues to be subject to the PAL.

(4) The PAL conditions in a Part 70 Operating Permit shall require 

that the increased PAL level be effective on the day any emissions unit that is part of the significant permit revision becomes 

operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the

sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT-equivalent controls 

as determined in accordance with paragraph (a)(2) of Section 

12.2.19.11), plus the sum of the baseline actual emissions of the 

small emissions units.

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(c) The PAL conditions in a Part 70 Operating Permit shall be revised to 

reflect the increased PAL level pursuant to the public notice requirements of Section 12.2.19.5.

12.2.19.12 Monitoring Requirements for PALs

(a) General Requirements

(1) The PAL conditions in a Part 70 Operating Permit must include 

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the PAL conditions must be based on sound 

science and meet generally acceptable scientific procedures for 

data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL conditions.

(2) The PAL monitoring system must employ one (1) or more of the 

four (4) general monitoring approaches meeting the minimum 

requirements set forth in paragraphs (b)(1) through (b)(4) of 

Section 12.2.19.12, and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL 

monitoring system may also employ an alternative monitoring 

approach that meets paragraph (a)(1) of Section 12.2.19.12 if 

approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requirements 

of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requirements for Approved Monitoring 

Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (c) through (i) of Section 12.2.19.12:

(1) Mass balance calculations for activities using coatings or solvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

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(c) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities 

using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in, or created by all 

materials used in or at, the emissions unit;

(2) Assume that the emissions unit emits all of the PAL pollutant 

that is contained in or created by any raw material or fuel used 

in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and

(3) Where the vendor of a material or fuel which is used in or at the 

emissions unit publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of 

the range to calculate the PAL pollutant emissions unless the 

Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within 

the range.

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least 

every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using a CPMS or PEMS to 

monitor PAL pollutant emissions shall meet the following requirements:

(1) The CPMS or PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at 

least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Officer, while the emissions unit

is operating.

(f) Emission Factors. An owner or operator using emission factors to 

monitor PAL pollutant emissions shall meet the following requirements:

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(1) All emission factors shall be adjusted, if appropriate, to account 

for the degree of uncertainty or limitations in the factors’ development;

(2) The emissions unit shall operate within the designated range of 

use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation testing to determine 

a site-specific emission factor within six (6) months of permit issuance unless the Control Officer determines that testing is not 

required.

(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the Authority 

to Construct Permit.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of 

Section 12.2.19.12, where an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of 

the emissions unit, the Control Officer shall, at the time of permit issuance:

(1) Establish default value(s) for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 

PAL.

(i) Revalidation. All data used to establish the PAL pollutant must be 

revalidated through performance testing or other scientifically valid 

means approved by the Control Officer. Such testing must occur at 

least once every five (5) years after issuance of the Part 70 Operating Permit containing the PAL conditions.

12.2.19.13 Recordkeeping Requirements

(a) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section 12.2.19 and of the 

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PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five (5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 

70 Operating Permit and any applications for revisions to the affected Part 70 Operating Permit relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance.

12.2.19.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and 

prompt deviation reports to the Control Officer, in accordance with the conditions in the affected Part 70 Operating Permit. The reports shall meet the 

requirements in paragraphs (a) through (c) of Section 12.2.19.14.

(a) Semiannual Report. The semiannual report shall be submitted to 

the Control Officer within thirty (30) days of the end of each reporting 

period. This report shall contain the information required in paragraphs (a)(1) through (7) of Section 12.2.19.14:

(1) The identification of the owner and operator and the permit 

number;

(2) Total annual emissions (in tpy), based on a 12-month rolling total for each month in the reporting period recorded pursuant to 

paragraph (a) of Section 12.2.19.14;

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and 

annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period;

(5) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and 

span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will 

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be fully operational or replaced with another monitoring system, 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by paragraph (g) of Section 12.2.19.12; and 

(7) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(b) Deviation Report. The major stationary source owner or operator 

shall promptly submit reports of any deviations or exceedance of the 

PAL conditions, including periods where no monitoring was available. 

A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy 

this reporting requirement. The deviation reports shall be submitted 

within the time limits prescribed by the affected Part 70 Operating 

Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was 

exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(c) Revalidation Results. The owner or operator shall submit to the 

Control Officer the results of any revalidation test or method within 

three (3) months after completion of such test or method.

12.2.19.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with 

the requirements in Sections 12.2.19.1 through 12.2.19.15 after the 

Administrator has approved regulations incorporating these requirements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established 

prior to the date of approval of the Nevada SIP by the Administrator 

with a PAL that complies with the requirements of Sections 12.2.19.1 

through 12.2.19.15.

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12.2.20 Invalidation

If any provision of Section 12.2.19, or the application of such provision to 

any person or circumstance, is held invalid, the remainder of Section 

12.2.19, or the application of such provision to persons or circumstances 

other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010. Amended November 16, 2010.

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SECTION 12.2: CLEAN COPY

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SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT 

AREAS 

(PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas ................................. 1

12.2.1 Applicability Procedures ....................................................................... 1

12.2.1.1 Preconstruction Review Requirements ........................... 1

12.2.1.2 Construction of Major Stationary Sources or 

Modifications ................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement..................... 1

12.2.1.4 Projects........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations ... 2

12.2.1.6 Existing Emission Unit Projects....................................... 2

12.2.1.7 Availability of Information ................................................ 4

12.2.1.8 Secondary Emissions...................................................... 4

12.2.2 Definitions............................................................................................. 4

12.2.3 Ambient Air Increments ...................................................................... 26

12.2.4 Ambient Air Ceilings ........................................................................... 27

12.2.5 Restrictions On Area Classifications................................................... 27

12.2.5.1 Class I Areas................................................................. 27

12.2.5.2 Redesignation of Class I Areas..................................... 27

12.2.5.3 Class II Areas................................................................ 27

12.2.5.4 Redesignating Areas..................................................... 27

12.2.5.5 Exclusions from Increment Consumption...................... 28

12.2.6 Redesignation .................................................................................... 29

12.2.6.1 Clark County ................................................................. 29

12.2.6.2 Requirements................................................................ 29

12.2.6.3 Reserved....................................................................... 31

12.2.6.4 Administrator Approval.................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal............................. 31

12.2.7 Stack Heights ..................................................................................... 31

12.2.7.1 Emission Limitation ....................................................... 31

12.2.7.2 Time Frame................................................................... 31

12.2.7.3 Stack Height Limitation ................................................. 32

12.2.8 Exemptions......................................................................................... 35

12.2.8.1 Nonattainment Areas .................................................... 35

12.2.8.2 Class I Areas................................................................. 36

12.2.8.3 Class II Areas................................................................ 36

12.2.8.4 Threshold Limits............................................................ 36

12.2.9 Control Technology Review................................................................ 37

12.2.9.1 Major Stationary Sources.............................................. 37

12.2.9.2 Major Modifications ....................................................... 37

12.2.9.3 Phased Construction Projects....................................... 37

12.2.10 Source Impact Analysis ...................................................................... 37

12.2.10.1 Demonstration of Impact............................................... 37

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12.2.10.2 Violation of Standard..................................................... 38

12.2.11 Air Quality Models .............................................................................. 38

12.2.11.1 Model Applicability ........................................................ 38

12.2.11.2 Model Modifications and Substitutions.......................... 38

12.2.12 Air Quality Analysis............................................................................. 39

12.2.12.1 Preapplication Analysis................................................. 39

12.2.12.2 Post-Construction Monitoring........................................ 40

12.2.12.3 Operations of Monitoring Stations................................. 40

12.2.13 Source Information ............................................................................. 40

12.2.13.1 Required Information..................................................... 40

12.2.13.2 Information on Air Quality Impacts ................................ 40

12.2.14 Additional Impact Analyses ................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation ..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas .......... 41

12.2.15.1 Notice to EPA................................................................ 41

12.2.15.2 Federal Land Manager.................................................. 41

12.2.15.3 Impact of Denial on Air Quality-Related Values ............ 42

12.2.15.4 Class I Variances .......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land 

Manager’s Concurrence................................................ 43

12.2.15.6 Variance by the Governor with the President’s 

Concurrence ................................................................. 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial 

Variance........................................................................ 43

12.2.16 Public Participation............................................................................. 44

12.2.16.1 Notice of Proposed Action............................................. 44

12.2.16.2 Distribution of Notice..................................................... 46

12.2.16.3 Public Hearings............................................................. 46

12.2.16.4 Time Frame................................................................... 46

12.2.16.5 Comments and Approvals............................................. 46

12.2.16.6 Enhanced Public Participation Procedures ................... 47

12.2.17 Source Obligation............................................................................... 47

12.2.17.1 Enforcement.................................................................. 47

12.2.17.2 Termination................................................................... 47

12.2.17.3 Compliance................................................................... 48

12.2.17.4 Relaxation in Enforceable Limitations ........................... 48

12.2.18 Innovative Control Technology ........................................................... 48

12.2.18.1 Request for Approval .................................................... 48

12.2.18.2 Requirements for Approval ........................................... 48

12.2.18.3 Withdrawal of Approval ................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal.................... 49

12.2.19 Plantwide Applicability Limits (PALs).................................................. 49

12.2.19.1 Applicability ................................................................... 50

12.2.19.2 Definitions ..................................................................... 50

12.2.19.3 Permit Application Requirements.................................. 52

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12.2.19.4 General Requirements for Establishing PALs ............... 52

12.2.19.5 Public Participation Requirements for PALs.................. 53

12.2.19.6 Setting the 10-year Actuals PAL Level.......................... 53

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

...................................................................................... 54

12.2.19.8 PAL Effective Period and Reopening of the PAL 

Conditions in a Part 70 Operating Permit...................... 55

12.2.19.9 Expiration of a PAL ....................................................... 56

12.2.19.10 Renewal of a PAL ......................................................... 57

12.2.19.11 Increasing a PAL during the PAL Effective Period ........ 58

12.2.19.12 Monitoring Requirements for PALs ............................... 60

12.2.19.13 Recordkeeping Requirements....................................... 62

12.2.19.14 Reporting and Notification Requirements...................... 63

12.2.19.15 Transition Requirements............................................... 64

12.2.20 Invalidation ......................................................................................... 65

LIST OF TABLES

Table 12.2-1. Increment Limits ................................................................................. 26

Table 12.2-2. Air Quality Impact Limits..................................................................... 36

Table 12.2-3. Significance Levels............................................................................. 38

Table 12.2-4. Maximum Allowable Pollutant Increases ............................................ 42

Table 12.2-5. Maximum Allowable Increase (μg/m3

) ................................................ 44

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12.2 Prevention of Significant Deterioration in Attainment Areas

12.2.1 Applicability Procedures

12.2.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.2 shall apply to the 

construction of any new major stationary source, or any project at an existing major stationary source, within the limits set forth in Section 12.2.1.4, in 

an area designated as attainment or unclassifiable under Sections 

107(d)(1)(A)(ii) or (iii) of the Act.

12.2.1.2 Construction of Major Stationary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the construction of any new major stationary source, or the major modification of any existing major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requirements of Sections 12.2.9 through 12.2.17 apply shall begin actual construction without an Authority to Construct Permit issued pursuant to Section 

12.4 that states that the major stationary source or major modification will 

meet those requirements.

12.2.1.4 Projects

The requirements of Section 12.2 apply to projects at major stationary 

sources in accordance with the principles set out in paragraphs (a) through 

(e) below:

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major 

modification for a regulated NSR pollutant if it causes two (2) types of 

emissions increases: a significant emissions increase, and a significant net emissions increase. The project is not a major modification if 

it does not cause a significant emissions increase. If the project 

causes a significant emissions increase, then the project is a major 

modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating (before beginning actual construction) 

whether a significant emissions increase will occur depends upon the 

type of emissions units being added or modified as part of the 

project, according to paragraphs (c) through (e) of Section 12.2.1.4. 

The procedure for calculating (before beginning actual construction) 

whether a significant net emissions increase will occur at the major 

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stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-Projected-Actual Applicability Test for Projects that 

only involve Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the projected actual emissions and the 

baseline actual emissions for each existing emissions unit equals or 

exceeds the significant amount for that pollutant.

(d) Actual-to-Potential Test for Projects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase 

of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the potential to emit from each new emissions 

unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR 

Pollutant is projected to occur if the sum of the emissions increases 

for each emissions unit, using the method specified in paragraph (c) 

or (d) of Section 12.2.1.4, as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant.

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation 

(PAL) for a regulated NSR pollutant, the major stationary source shall comply with the requirements under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing 

emissions unit at a major stationary source, other than a source with a PAL, 

and the project is not a part of a major modification, and the owner or operator elects to use the method specified in paragraphs (1)(A-D) of the definition of projected actual emissions, found in Section 12.2.2(nn).

(a) Before beginning actual construction of the project, and as a condition of the source's Authority to Construct Permit, the owner or operator shall document and maintain a record of the following information:

(1) A description of the project;

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(2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(C) of the definition of projected actual emissions, as 

found in Section 12.2.2(nn) and an explanation for why such 

amount was excluded, and any netting calculations if applicable.

(b) If the emissions unit is an existing emissions unit, before beginning 

actual construction, the owner or operator shall provide a copy of the 

information set out in Section 12.2.1.6(a) to the Control Officer. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the Control Officer before beginning actual construction. 

(c) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that 

are emitted by any emissions unit identified in Section 12.2.1.6(a)(2); 

and calculate and maintain a record of the annual emissions, in tpy, 

for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of or potential to emit that regulated 

NSR pollutant at any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating 

unit, the owner or operator shall submit a report to the Control Officer 

within sixty (60) days after the end of each calendar year during 

which records must be generated under Section 12.2.1.6(c) setting 

out the unit’s annual emissions during the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a 

report to the Control Officer if the annual emissions, in tpy, from the 

project identified in Section 12.2.1.6(a) exceed the baseline actual 

emissions (as documented and maintained pursuant to Section 

12.2.1.6(a)(3)) by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions 

(prior to exclusion of the amount of emissions under the definition of 

projected actual emissions) as documented and maintained pursuant 

to Section 12.2.1.6(a)(3). Such report shall be submitted to the Control Officer within sixty (60) days after the end of such year. The report shall contain the following:

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(1) The name, address, and telephone number of the major stationary source;

(2) The annual emissions, as calculated pursuant to Section 

12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection).

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section 12.2.1.6 available for 

review upon a request for inspection by the Control Officer.

12.2.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a stationary source would qualify as a major stationary source. If a stationary 

source is subject to Section 12.2 on the basis of the direct emissions from 

the stationary source, the requirements of Section 12.2.10, but no other 

provisions of Section 12.2, must also be met for secondary emissions.

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the 

meanings set forth below for the purposes of Section 12.2. When a term is 

not defined in these paragraphs, it shall have the meaning given in Section 

0, or the Act, in that order of priority.

(a) “Actual emissions” means the actual rate of emissions of a regulated 

NSR pollutant from an emissions unit, as determined in accordance 

with this definition.

(1) In general, actual emissions as of a particular date shall equal 

the average rate, in tpy, at which the emissions unit actually 

emitted the regulated NSR pollutant during a consecutive 24-

month period which precedes the particular date and which is 

representative of normal source operation. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period.

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(2) The Control Officer may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of 

the unit.

(3) For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to 

emit of the unit on that date.

(4) This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL. 

Instead, projected actual emissions and baseline actual emissions shall apply for those purposes.

(b) “Allowable emissions” means the emissions rate of a stationary 

source calculated using the maximum rated capacity of the source 

(unless the source is subject to practicably enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the 

most stringent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR 

Parts 60, 61 or 63;

(2) Any applicable emission limitation in the Nevada SIP, including 

those with a future compliance date; or

(3) The emissions rate specified as a practicably enforceable permit 

condition, including those with a future compliance date.

(c) “Baseline actual emissions” means the rate of emissions, in tpy, of a 

regulated NSR pollutant, as determined in accordance with paragraphs (1) through (4) of this definition.

(1) For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tpy, at which the 

unit actually emitted the pollutant during any consecutive 24-

month period selected by the owner or operator within the 5-

year period immediately preceding when the owner or operator 

begins actual construction of the project. The Control Officer 

shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups 

and shutdowns, except emissions from a shutdown associated with a malfunction.

(B) The average rate shall be adjusted downward to exclude 

any non-compliant emissions that occurred while the 

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source was operating above any emission limitation that 

was legally enforceable during the consecutive 24-month 

period.

(i) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an 

emission limitation with which the major stationary 

source must comply as of the particular date, had 

such major stationary source been required to 

comply with such limitations during the consecutive 

24-month period. For the purposes of determining 

baseline actual emissions for contemporaneous 

changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date 

is the date on which the particular change occurred. 

However, if an emission limitation is part of a Maximum Achievable Control Technology standard that 

the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need 

only be adjusted if the state of Nevada has taken 

credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G).

(C) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(D) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraph (1)(B) of this definition.

(2) For an existing emissions unit (other than an electric utility 

steam generating unit), baseline actual emissions means the 

average rate, in tpy, at which the emissions unit actually emitted 

the pollutant during any consecutive 24-month period selected 

by the owner or operator within the 10-year period immediately 

preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received by the Control Officer for a permit required 

under these regulations, whichever is earlier, except that the 

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10-year period shall not include any period earlier than November 15, 1990.

(A) The average rate shall include fugitive emissions to the extent quantifiable.

(B) The average rate shall include emissions associated with 

startups and shutdowns, except emissions from a shutdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude

any noncompliant emissions that occurred while the source 

was operating above an emission limitation that was legally 

enforceable during the consecutive 24-month period.

(D) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply had such major stationary source been required 

to comply with such limitations during the consecutive 24-

month period. For the purposes of determining baseline 

actual emissions for contemporaneous changes pursuant 

to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is 

part of a Maximum Achievable Control Technology standard that the Administrator proposed or promulgated under 

40 CFR Part 63, the baseline actual emissions need only 

be adjusted if the state of Nevada has taken credit for such 

emissions reductions in an attainment demonstration or

maintenance plan, consistent with the requirements of 40 

CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month 

period must be used to determine the baseline actual 

emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each 

regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual emissions, in tpy, and for adjusting 

this amount if required by paragraphs (2)(C) and (D) of this 

definition.

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(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from 

the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit’s 

potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating 

units in accordance with the procedures contained in paragraph 

(1) of this definition, for other existing emissions units in accordance with the procedures contained in paragraph (2) of this definition, and for a new emisssions unit in accordance with the 

procedures contained in paragraph (3) of this definition.

(d) “Baseline area” means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 40 CFR Part 81 in 

which the major stationary source or major modification establishing 

the minor source baseline date would construct, or in which it would 

have an air quality impact equal to or greater than one (1) microgram 

per cubic meter (annual average) of the pollutant for which the minor 

source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 cannot intersect or 

be smaller than the area of impact of any major stationary 

source or major modification which:

(A) Establishes a minor source baseline date; or

(B) Is subject to Section 12 of the AQRs.

(2) Any baseline area established originally for the Total Suspended 

Particulates (TSP) increments shall remain in effect and shall 

apply for purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain in 

effect if the Control Officer rescinds the corresponding minor 

source baseline date.

(e) “Baseline concentration” means:

(1) That ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established, and shall include:

(A) The actual emissions, representative of sources in existence on the applicable minor source baseline date, except 

as otherwise provided in paragraph (2) of this definition; 

and

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(B) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline 

date, but were not in operation by the applicable minor 

source baseline date.

(2) The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s):

(A) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(f) “Basic design parameter” means:

(1) Except as provided in paragraph (3) of this definition, for a 

process unit at a steam electric generating facility, the owner or 

operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption 

rate, or maximum hourly electric output rate and maximum 

steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality 

based on British Thermal Units (Btu) content shall be used for 

determining the basic design parameter(s) for a coal-fired electric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic 

design parameter(s) for any process unit that is not at a steam 

electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product 

output. Combustion process units will typically use maximum 

rate of fuel input. For sources having multiple end products and 

raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design 

parameter.

(3) If the owner or operator believes the basic design parameter(s) 

in paragraphs (1) and (2) of this definition is not appropriate for 

a specific industry or type of process unit, the owner or operator 

may propose to the Control Officer an alternative basic design 

parameter(s) for the source’s process unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceable that records such basic design parameter(s) and 

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requires the owner or operator to comply with such parameter(s).

(4) The owner or operator shall use credible information, such as 

results of historic maximum capability tests, design information 

from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in 

paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the 

owner or operator shall determine the process unit’s basic design parameter(s) using the maximum value achieved by the 

process unit in the 5-year period immediately preceding the 

planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has

the effect of constraining emissions, that applies to the process 

unit and that is legally enforceable.

(g) “Begin actual construction” means, in general, initiation of physical 

on-site construction activities on an emissions unit which are of a 

permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operating, this term refers to those 

on-site activities other than preparatory activities which mark the initiation of the change.

(h) “Best Available Control Technology (BACT)” means an emission limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which 

would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts 

and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment 

or innovative fuel combustion techniques for control of such pollutant. 

In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable 

standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would make 

the imposition of an emissions standard infeasible, a design, equip4-127
ment, work practice, operational standard, or combination thereof, 

may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth 

the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for 

compliance by means which achieve equivalent results.

(i) “Building, structure, facility, or installation” means all of the pollutantemitting activities which belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common 

control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they 

belong to the same major group (i.e., which have the same SIC or 

NAICS code) as described in either the Standard Industrial Classification manual, 1972, as amended by the 1977 supplement or the 

North American Industrial Classification System manual. 

(j) “Categorical stationary source” means any stationary source of air 

pollutants that belongs to one of the following categories: 

(1) Fossil fuel-fired steam electric plants of more than 250 million 

Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of 

refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;

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(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber processing plants; and

(26) Charcoal production plants.

(27) Any other stationary source category, which as of August 7, 

1980 is being regulated under Section 111 or 112 of the Act.

(k) “Clean coal technology” means any technology, including technologies applied at the precombustion, combustion, or postcombustion 

stage at a new or existing facility, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen (NOx) 

associated with the utilization of coal in the generation of electricity or 

process steam which was not in widespread use as of November 15, 

1990.

(l) “Clean Coal Technology Demonstration Project” means a project using funds appropriated under the heading “Department of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for 

commercial demonstration of clean coal technology, or similar 

projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least twenty (20) percent 

of the total cost of the demonstration project.

(m) “Commence,” as applied to construction of a major stationary source 

or major modification, means that the owner or operator has all ne4-129
cessary preconstruction approvals or permits, including an Authority 

to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to 

the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable 

time.

(n) “Complete” means, in reference to an application for a permit, that 

the application contains all of the information necessary for 

processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Control Officer 

from requesting or accepting any additional information.

(o) “Construction” means any physical change, or change in the method 

of operation, including fabrication, erection, installation, demolition, or 

modification of an emissions unit, that would result in a change in 

emissions.

(p) “Continuous Emissions Monitoring System (CEMS)” means all of the 

equipment that may be required to meet the data acquisition and 

availability requirements of Section 12.2 to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis. 

(q) “Continuous Emissions Rate Monitoring System (CERMS)” means 

the total equipment required for the determination and recording of 

the pollutant mass emissions rate (in terms of mass per unit of time).

(r) “Continuous Parameter Monitoring System (CPMS)” means all of the 

equipment necessary to meet the data acquisition and availability requirements of Section 12.2, to monitor process and control device 

operational parameters and other information, and to record average 

operational parameter value(s) on a continuous basis.

(s) “Electric Utility Steam Generating Unit” means any steam electric generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity, and more than 

25 MW electrical output, to any utility power distribution system for 

sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining 

the electrical energy output capacity of the affected facility.

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(t) “Emissions unit” means any part of a stationary source that emits, or 

would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of Section 12.2, there are two types of emissions units, as described in paragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any emissions unit which is (or will be) 

newly constructed and which has existed for less than two (2) 

years from the date such emissions unit first operated. For the 

purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph (ii)(6) of Section 12.2.2.

(2) An "existing emissions unit" is any emissions unit that does not 

meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit.

(u) “Federally Enforceable” means all limitations and conditions which 

are enforceable by the Administrator.

(v) “Federal Land Manager” means, with respect to any lands in the 

United States, the Secretary of the Department with authority over 

such lands.

(w) “Fugitive emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(x) “High terrain” means any area having an elevation 900 feet or more 

above the base of the stack of a source.

(y) “Indian governing body” means the governing body of any tribe, 

band, or group of Indians subject to the jurisdiction of the United 

States and recognized by the United States as possessing the power 

of self-government.

(z) “Indian reservation” means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.

(aa) “Innovative control technology” means any system of air pollution 

control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous 

emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of 

energy, economics, or non-air-quality environmental impacts.

(bb) “Lowest Achievable Emission Rate (LAER)” means, for any source, 

the more stringent rate of emissions based on the following:

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(1) The most stringent emission limitation which is contained in the 

implementation plan of any state for such class or category of 

stationary source, unless the owner or operator of the proposed 

major stationary source demonstrates that such limitations are 

not achievable; or

(2) The most stringent emission limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the LAER for the 

new or modified emissions units within the stationary source. In 

no event shall the application of the term permit a proposed new 

or modified stationary source to emit any pollutant in excess of 

the amount allowable under an applicable new source standard 

of performance.

For purposes of this definition only, the term “any state” means 

a state, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, and American Samoa, and includes the Commonwealth of the Northern Mariana Islands.

(cc) “Low terrain” means any area other than high terrain.

(dd) “Major modification” means any physical change in, or change in the 

method of operation of, a major stationary source that would result in 

a significant emissions increase of a regulated NSR pollutant and a 

significant net emissions increase of that pollutant from the major stationary source.

(1) Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall 

be considered significant for ozone.

(2) A physical change or change in the method of operation shall 

not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an 

order under Sections 2(a) and (b) of the Energy Supply 

and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;

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(D) Use of an alternative fuel at a steam generating unit, to the 

extent that the fuel is generated from municipal solid 

waste;

(E) Use of an alternative fuel or raw material by a stationary 

source which:

(i) The source was capable of accommodating before 

January 6, 1975, unless such change is prohibited 

under any federally enforceable permit condition 

which was established after January 6, 1975 pursuant to Section 12 or under regulations approved 

pursuant to 40 CFR Part 51, Subpart I, or

(ii) The source is approved to use under any permit issued under Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 

CFR 52.21.

(F) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally 

enforceable permit condition which was established after 

January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to Subpart I of 40 CFR Part 51.

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a 

Temporary Clean Coal Technology Demonstration Project, 

provided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal 

Technology Demonstration Project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis; or

(J) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

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(3) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Section 12.2.19 for a PAL for 

that regulated NSR pollutant. Instead, the definition of PAL major modification shall apply.

(4) The fugitive emissions of a major stationary source shall not be 

included in determining, for any of the purposes of Section 12.2, 

whether a particular physical change or change in the method of 

operation is a major modification unless the major stationary 

source is a categorical stationary source or belongs to any other 

stationary source category which, as of August 7, 1980, is being 

regulated under Section 111 or 112 of the Act.

(ee) “Major source baseline date” means:

(1) In the case of particulate matter and sulfur dioxide, January 6, 

1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source” 

(1) Means:

(A) Any of the categorical stationary sources of air pollutants 

which emits, or has the potential to emit, 100 tpy or more 

of any regulated NSR pollutant;

(B) Notwithstanding the stationary source size otherwise specified in paragraph (1)(A) of this definition, any noncategorical stationary source which emits, or has the potential to emit, 250 tpy or more of a regulated NSR pollutant; or

(C) Any stationary source specified in paragraphs (1)(A) or 

(1)(B) of this definition which emits, or has the potential to 

emit, Greenhouse Gases (“GHGs”) that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 20, 

2011; or

(D) Any physical change that would occur at a stationary 

source not qualifying under paragraphs (1)(A) or (1)(B) of 

this definition as a major stationary source, if the change 

would constitute a major stationary source by itself.

(2) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

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(3) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section 12.2, 

whether it is a major stationary source, unless the source is a 

categorical stationary source or belongs to any other stationary 

source category which, as of August 7, 1980, is being regulated 

under Section 111 or 112 of the Act.

(gg) “Minor source baseline date” means the earliest date after the trigger 

date on which a major stationary source or a major modification subject to Section 12 of the AQRs submits a complete application under 

the relevant regulations.

(1) The trigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 

7, 1977; and

(B) In the case of nitrogen dioxide, February 8, 1988.

(2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established 

if:

(A) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application 

under Section 12.2 of the AQRs; and

(B) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of 

a major modification, there would be a significant net emissions increase of the pollutant.

(3) Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, 

except that the Control Officer shall rescind a minor source 

baseline date where it can be shown, to the satisfaction of the 

Control Officer, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions. 

(hh) “Necessary preconstruction approvals or permits” means those permits or approvals required under air quality control laws and regulations which are part of the Nevada SIP, these regulations, or federal 

air quality control laws and regulations, including the Authority to 

Construct Permits issued pursuant to Section 12.4.

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(ii) “Net emissions increase (NEI)” means, with respect to any regulated 

NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical 

change, or change in the method of operation, at a stationary source as calculated pursuant to Sections 12.2.1.4(a) 

through (e); and

(B) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with 

the particular change and are otherwise creditable.

(C) For the purposes of calculating increases and decreases 

under paragraph (1)(B) of this definition, baseline actual 

emissions shall be determined as provided in the definition 

of baseline actual emissions, except that paragraphs (1)(C) 

and (2)(E) of that definition shall not apply.

(i) For the purposes of calculating increases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions, except as provided in paragraph 

(1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under paragraph (1)(B) of this definition, if the Control Officer 

determines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to Section 12.2.2(a)(1), 

actual emissions after the contemporaneous project 

shall be determined as provided in the definition of 

projected actual emissions.

(iii) For the purposes of calculating decreases under paragraph (1)(B) of this definition, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual 

emissions.

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs 

between the date five (5) years before construction on the particular change commences and the date that the increase from 

the particular change occurs.

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(3) An increase or decrease in actual emissions is creditable only if 

the Control Officer has not relied on it in issuing a permit for the 

source under Section 12 or any other regulation approved by 

the Administrator pursuant to 40 CFR Part 51, which permit is in 

effect when the increase in actual emissions from the particular 

change occurs.

(4) An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent 

that:

(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions;

(B) It is enforceable as a practical matter at and after the time 

that actual construction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any permit under Section 12, or any other regulations approved 

pursuant to 40 CFR Part 51, Subpart I, nor has the state of 

Nevada relied on it in demonstrating attainment or reasonable further progress; and

(D) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase 

from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. 

Any replacement unit that requires shakedown, or any new 

emissions unit that replaces an existing emissions unit and that 

requires shakedown, becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) 

days. 

(jj) “Potential to emit” means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational design. 

Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the types or amounts of material 

combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is 

enforceable as a practical matter. Secondary emissions do not count 

in determining the potential to emit of a stationary source.

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(kk) “Predictive Emissions Monitoring System (PEMS)” means all of the 

equipment necessary to monitor process and control device operational parameters and other information, and calculate and record the 

mass emissions rate on a continuous basis.

(ll) “Prevention of Significant Deterioration (PSD) Permit” means any 

permit that is issued under a major source preconstruction permit 

program that has been approved by the Administrator and incorporated into the Nevada SIP to implement the requirements of Part C, 

Subchapter I of the Act.

(mm) “Project” means a physical change in, or change in the method of 

operation of, an existing stationary source.

(nn) “Projected actual emissions” means the maximum annual rate, in tpy, 

at which an existing emissions unit is projected to emit a regulated 

NSR pollutant in any one of the five (5) years (12-month period) following the date the unit resumes regular operation after the project, 

or in any one of the ten (10) years following that date if (1) the project 

involves increasing the design capacity or potential to emit of any 

emissions unit for that regulated NSR pollutant, and (2) full utilization 

of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning 

actual construction), the owner or operator of the major stationary source:

(A) Shall consider all relevant information, including, but not 

limited to historical operational data, the company’s own 

representations, the company’s expected business activity 

and highest projections of business activity, the company’s 

filings with the county, state, or federal regulatory authorities, and compliance plans under these regulations; 

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shutdowns except emissions from a shutdown associated with 

a malfunction; and 

(D) Shall exclude, only for calculating any increase in emissions that results from the particular project, that portion of 

the unit’s emissions following the project that an existing 

unit could have accommodated during the consecutive 24-

month period used to establish the baseline actual emissions and that are also unrelated to the particular project, 

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including any increased utilization due to product demand 

growth.

(E) In lieu of using the method set out in paragraphs (1)(A)-(D) 

of this definition, the owner or operator of the major stationary source may elect to use the emissions unit’s potential 

to emit, in tpy.

(oo) “Reactivation of a very clean coal-fired electric utility steam generating unit” means any physical change, or change in the method of operation, associated with commencement of commercial operations by 

a coal-fired utility unit after a period of discontinued operation where 

the unit:

(1) Has not been in operation for the 2-year period prior to the 

enactment of the Act Amendments of 1990, and the emissions 

from such unit continue to be carried in the Clark County emissions inventory at the time of enactment;

(2) Was equipped prior to shutdown with a continuous system of 

emissions control that achieved a removal efficiency for sulfur 

dioxide of no less than eighty-five (85) percent and a removal efficiency for particulates of no less than ninety-eight (98) percent;

(3) Is equipped with low-NOx burners prior to the time of commencing operations following reactivation; and

(4) Is otherwise in compliance with the requirements of these regulations.

(pp) “Regulated NSR pollutant,” for purposes of Section 12.2, means the 

following:

(1) Any pollutant for which a National Ambient Air Quality Standard 

has been promulgated and any constituents or precursors identified by the Administrator;

(2) Any pollutant that is subject to any standard promulgated under 

Section 111 of the Act; 

(3) Any Class I or II substance subject to a standard promulgated 

under or established by Title VI of the Act; or

(4) Any pollutant that otherwise is subject to regulation under the 

Act as defined in 40 CFR § 52.21(b)(49) as of July 20, 2011, except that the following pollutants are not regulated NSR pollutants unless the listed pollutant is also regulated as a constituent 

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or precursor of a general pollutant listed under Section 108 of 

the Act:

(A) Any or all Hazardous Air Pollutants (HAPs) either listed in 

Section 112(b)(1) of the Act or added to the list pursuant to 

Section 112(b)(2) of the Act, and not delisted pursuant to 

Section 112(b)(3) of the Act; and

(B) Any or all substances listed pursuant to Section 112(r)(3) 

of the Act.

(qq) “Replacement unit” means an emissions unit for which all the criteria 

listed in paragraphs (1) through (4) of this definition are met. No creditable emission reductions shall be generated from shutting down 

the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of 

40 CFR 60.15(b)(1), or the emissions unit completely takes the 

place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, 

the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of 

the process unit.

(4) The replaced emissions unit is permanently removed from the 

major stationary source, otherwise permanently disabled, or 

permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is 

brought back into operation, it shall constitute a new emissions 

unit.

(rr) “Repowering” means replacement of an existing coal-fired boiler with 

one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined 

cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 

integrated gasification fuel cells or—as determined by the Administrator, in consultation with the Secretary of Energy—a derivative of 

one or more of these technologies, and any other technology capable 

of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater 

waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(1) Repowering shall also include any oil and/or gas-fired unit which 

has been awarded Clean Coal Technology Demonstration 

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Project funding as of January 1, 1991, by the U.S. Department 

of Energy.

(2) The Control Officer shall give expedited consideration to permit 

applications for any source that satisfies the requirements of 

Section 12.2.2(rr) and is granted an extension under Section 

409 of the Act.

(ss) “Secondary emissions” means emissions which would occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source 

or major modification itself. For the purpose of Section 12.2, secondary emissions must be specific, well defined, quantifiable, and impact 

the same general area as the stationary source or modification which 

causes the secondary emissions. Secondary emissions include 

emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. 

Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution 

control equipment or process equipment for any purpose, except routine phasing out of process equipment.

(uu) “Significant” means: 

(1) In reference to a net emissions increase or a source’s potential 

to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates:

• Carbon monoxide: 100 tpy; 

• NOx: 40 tpy;

• Sulfur dioxide: 40 tpy;

• Particulate matter: 25 tpy;

• PM10: 15 tpy;

• PM2.5: 10 tpy of direct PM2.5 emissions or 40 tpy of sulfur 

dioxide emissions or 40 tpy of nitrogen oxide emissions;

• Ozone: 40 tpy of volatile organic compounds or nitrogen 

oxides;

• Lead: 0.6 tpy;

• Fluorides: 3 tpy;

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• Sulfuric acid mist: 7 tpy;

• Hydrogen sulfide (H2S): 10 tpy;

• Total reduced sulfur (including H2S): 10 tpy;

• Reduced sulfur compounds (including H2S): 10 tpy;

• Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per year (3.5 x 10-6 tpy). 

• Municipal waste combustor metals (measured as Particulate 

Matter): 14 megagrams per year (15 tpy);

• Municipal waste combustor acid gases (measured as sulfur 

dioxide and hydrogen chloride): 36 megagrams per year (40 

tpy);

• Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 

tpy); and

• Ozone-depleting substances: 100 tpy.

• GHG: The sum of the six well-mixed GHGs on a mass basis 

greater than 0 tpy and the sum of the six well-mixed GHGs 

equal to or greater than 75,000 tpy CO2e as defined in 40 

CFR § 52.21(b)(49) as of July 20, 2011. 

(2) “Significant” means, in reference to a net emissions increase or 

a source’s potential to emit a regulated NSR pollutant that is not 

listed in this definition, any emissions rate.

(3) Notwithstanding the pollutant-specific significance levels specified in this definition “significant” means any emissions rate or 

any net emissions increase associated with a major stationary 

source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area 

equal to or greater than 1 microgram per cubic meter (24-hour 

average).

(vv) “Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

(ww) “Startup” means the setting into operation of any air pollution control 

equipment or process equipment for any purpose except the routine 

phasing in of process equipment.

(xx) “Stationary source” means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

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(yy) “Temporary Clean Coal Technology Demonstration Project” means a 

Clean Coal Technology Demonstration Project that is operated for a 

period of five (5) years or less, and which complies with the requirements of these regulations and other requirements necessary to attain and maintain the National Ambient Air Quality Standards during 

the project and after it is terminated.

12.2.3 Ambient Air Increments

In areas designated as Class I, II or III, increases in pollutant concentration 

over the baseline concentration shall be limited to the following:

Table 12.2-1. Increment Limits

Pollutant Maximum allowable

increases (μg/m3)

Class I

Particulate Matter

PM10, annual arithmetic mean 4

PM10, 24-hr maximum 8

Sulfur Dioxide

Annual arithmetic mean 2

24-hr maximum 5

3-hr maximum 25

Nitrogen Dioxide Annual arithmetic mean 2.5

Class II

Particulate Matter

PM10, annual arithmetic mean 17

PM10, 24-hr maximum 30

Sulfur Dioxide

Annual arithmetic mean 20

24-hr maximum 91

3-hr maximum 512

Nitrogen Dioxide Annual arithmetic mean 25

Class III

Particulate Matter

PM10, annual arithmetic mean 34

PM10, 24-hr maximum 60

Sulfur Dioxide

Annual arithmetic mean 40

24-hr maximum 182

3-hr maximum 700

Nitrogen Dioxide Annual arithmetic mean 50

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one 

location.

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12.2.4 Ambient Air Ceilings

No concentration of a pollutant shall exceed the concentration permitted under the secondary National Ambient Air Quality Standard or the primary National Ambient Air Quality Standard, whichever is lowest for the pollutant, for 

a period of exposure.

12.2.5 Restrictions On Area Classifications

12.2.5.1 Class I Areas

All of the following areas which were in existence on August 7, 1977, shall 

be Class I areas and may not be redesignated:

(a) International parks,

(b) National wilderness areas which exceed 5,000 acres in size,

(c) National memorial parks which exceed 5,000 acres in size, and

(d) National parks which exceed 6,000 acres in size.

12.2.5.2 Redesignation of Class I Areas

Areas which were redesignated as Class I under regulations promulgated 

before August 7, 1977, shall remain Class I, but may be redesignated as 

provided in 40 CFR Part 51.

12.2.5.3 Class II Areas

Any other area, unless otherwise specified in the legislation creating such 

an area, is initially designated Class II, but may be redesignated as provided 

in 40 CFR Part 51.

12.2.5.4 Redesignating Areas 

The following areas may be redesignated only as Class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size 

and was a national monument, a national primitive area, a national 

preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(b) A national park or national wilderness area established after August 

7, 1977, which exceeds 10,000 acres in size.

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12.2.5.5 Exclusions from Increment Consumption

(a) The following concentrations shall be excluded in determining compliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from 

stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation) over the emissions from such sources before the effective date of such an order;

(2) Concentrations attributable to the increase in emissions from 

sources which have converted from using natural gas by reason 

of natural gas curtailment plan in effect pursuant to the Federal 

Power Act over the emissions from such sources before the effective date of such plan;

(3) Concentrations of particulate matter attributable to the increase 

in emissions from construction or other temporary emissionrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; 

and

(5) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides 

from stationary sources which are affected by plan revisions approved by the Administrator as meeting the criteria specified in 

paragraph (a)(3) of Section 12.2.5.5.

(b) If the plan provides that the concentrations to which paragraphs 

(a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall 

also provide that no exclusion of such concentrations shall apply 

more than five (5) years after the effective date of the order to which 

paragraph (a)(1) of Section 12.2.5.5 refers or the plan to which paragraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If 

both such order and plan are applicable, no such exclusion shall apply more than five (5) years after the later of such effective dates.

(c) For purposes of excluding concentrations pursuant to paragraph 

(a)(5) of Section 12.2.5.5, the Administrator may approve a plan revision that:

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(1) Specifies the time over which the temporary emissions increase 

of sulfur dioxide, particulate matter, or nitrogen oxides would occur. Such time is not to exceed two (2) years in duration unless 

a longer time is approved by the Administrator.

(2) Specifies that the time period for excluding certain contributions 

in accordance with paragraph (c)(1) of Section 12.2.5.5, is not 

renewable;

(3) Allows no emissions increase from a stationary source which 

would:

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or

(B) Cause or contribute to the violation of a National Ambient 

Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period 

specified in accordance with paragraph (c)(1) of Section 

12.2.5.5, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed 

those levels occurring from such sources before the plan revision was approved.

12.2.6 Redesignation

12.2.6.1 Clark County 

All areas of Clark County (except as otherwise provided under Section 

12.2.5) are designated Class II as of December 5, 1974. Redesignation of 

any area of the county (except as otherwise precluded by Section 12.2.5) 

may be proposed by the Control Officer, as provided below and subject to 

approval by the Administrator, as a revision to the Nevada SIP.

12.2.6.2 Requirements

(a) Clark County, through the state of Nevada, may submit to the Administrator a proposal to redesignate areas of the county Class I or Class 

II provided that:

(1) At least one public hearing has been held in accordance with 

the procedures established in Section 12.2.16;

(2) Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty (30) days prior to the public hearing;

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(3) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for 

public inspection at least thirty (30) days prior to the hearing and 

the notice announcing the hearing contained appropriate notification of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an 

area that includes any federal lands, the county, through the

state of Nevada, has provided written notice to the appropriate 

Federal Land Manager and afforded adequate opportunity (not 

in excess of sixty (60) days) to confer with the county respecting 

the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any 

Federal Land Manager had submitted written comments and 

recommendations, the county shall have published a list of any 

inconsistency between such redesignation and such comments 

and recommendations (together with the reasons for making 

such redesignation against the recommendation of the Federal 

Land Manager); and

(5) The county, through the state of Nevada, has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area 

covered by the proposed redesignation.

(b) Any area other than an area to which Section 12.2.5 refers may be 

redesignated as Class III if:

(1) The redesignation would meet the requirements of Section 

12.2.6.2;

(2) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the county and the 

governor, after consultation with the appropriate committees of 

the legislature, if it is in session, or with the leadership of the 

legislature, if it is not in session (unless state law provides that 

the redesignation must be specifically approved by state legislation), and if general purpose units of local government 

representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the 

redesignation;

(3) The redesignation would not cause or contribute to a concentration of any air pollutant which would exceed any maximum al4-147
lowable increase permitted under the classification of any other

area or any National Ambient Air Quality Standard; and

(4) Any permit application for any major stationary source or major 

modification, subject to review under Section 12.2.11, which 

could receive a permit under Section 12.2 only if the area in 

question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was 

practicable for public inspection prior to any public hearing on 

redesignation of the area as Class III.

12.2.6.3 Reserved

12.2.6.4 Administrator Approval

The Administrator will disapprove, within ninety (90) days of submission, a 

proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If 

any such disapproval occurs, the classification of the area shall be that 

which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignation, the county 

may resubmit the proposal after correcting the deficiencies noted by the 

Administrator.

12.2.7 Stack Heights

12.2.7.1 Emission Limitation

The degree of emission limitation required for control of any air pollutant under Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height of any source as exceeds good engineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with respect to stack heights in existence 

before December 31, 1970, or to dispersion techniques implemented before 

then.

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12.2.7.3 Stack Height Limitation

(a) The limitations set forth herein shall not apply to stacks or dispersion 

techniques used by the owner or operator prior to December 31, 

1970, for which the owner or operator had:

(1) Begun, or caused to begin, a continuous program of physical 

on-site construction of the stack;

(2) Entered into building agreements or contractual obligations, 

which could not be cancelled or modified without substantial 

loss to the owner or operator, to undertake a program of construction of the stack, to be completed in a reasonable time; or

(3) Coal-fired steam electric generating units, subject to the provisions of Section 118 of the Act, which commenced operation before July 1, 1975, with stacks constructed under a construction 

contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculated as the greater of 

the four numbers in paragraphs (b)(1) through (b)(4) of Section 

12.2.7.3:

(1) 213.25 feet (65 meters);

(2) For stacks in existence on January 12, 1979, and for which the 

owner or operator had obtained all applicable preconstruction 

permits or approvals required under 40 CFR Part 51 or 52, Hg = 

2.5H;

(3) For all other stacks, Hg = H + 1.5L, where:

Hg = Good engineering practice stack height, measured from 

the ground-level elevation at the base of the stack

H = Height of nearby structure, measured from the groundlevel elevation at the base of the stack

L = Lesser dimension (height or projected width) of nearby 

structure

provided that the EPA, the Control Officer, or a local control 

agency may require the use of a field study or fluid model to verify good engineering practice (GEP) stack height for the source; 

or

(4) The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of 

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any air pollutant as a result of atmospheric downwash, wakes, 

or eddy effects created by the source itself, nearby structures, or 

nearby terrain obstacles.

(5) For a specific structure or terrain feature, “nearby” shall be:

(A) For purposes of applying the formulae in paragraphs (b)(2) 

and (b)(3) of Section 12.2.7.3, that distance up to five (5) 

times the lesser of the height or the width dimension of a 

structure, but not greater than 0.8 km (1/2 mile);

(B) For conducting demonstrations under paragraph (b)(4) of 

Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 

ten (10) times the maximum height (H+) of the feature, not 

to exceed two (2) miles if such feature achieved a height 

(H+) 0.8 km from the stack. The height shall be at least forty (40) percent of the GEP stack height as determined by 

the formula provided in paragraph (b)(3) of Section 

12.2.7.3 or 85 feet (26 meters), whichever is greater, as 

measured from the ground-level elevation at the base of 

the stack.

(6) “Excessive concentrations” means, for the purpose of determining GEP stack height under paragraph (b)(4) of Section 

12.2.7.3:

(A) For sources seeking credit for stack height exceeding that 

established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, a maximum ground-level concentration due to 

emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at 

least forty (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 a National Ambient Air Quality Standard. For 

sources subject to the requirements for permits or permit 

revisions under Section 12.2.7.3, 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 forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, 

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wakes, or eddy effects, and greater than the applicable 

maximum allowable increase contained in Section 12.2.3. 

The allowable emissions rate to be used in making demonstrations under paragraph (b)(4) of Section 12.2.7.3 

shall be prescribed by the new source performance standard which 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 Control Officer, an alternative emission rate shall be 

established in consultation with the source owner or operator;

(B) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraphs (b)(2) and (b)(3) of Section 

12.2.7.3, either:

(i) A maximum ground-level concentration due in 

whole or in part to downwash, wakes, or eddy effects as provided in paragraph (b)(4) of Section 

12.2.7.3, except that the emission rate specified by 

any applicable SIP shall be used; or

(ii) The actual presence of a local nuisance caused by 

the existing stack, as determined by the Control Officer.

(C) For sources seeking credit after January 12, 1979, for a 

stack height determined under paragraphs (b)(2) and (b)(3) 

of Section 12.2.7.3, where the Control Officer requires the 

use of a field study or fluid model to verify GEP 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 paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, 

a maximum ground-level concentration due in whole or in 

part to downwash, wakes, or eddy effects that is at least 

forty (40) percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or 

eddy effects.

(c) The degree of emission limitation required of any source after the respective date given in paragraph (a) of Section 12.2.7.3 for control of 

any pollutant shall not be affected by so much of any source’s stack 

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height that exceeds good engineering practice, or by any other dispersion technique.

(d) Before the Control Officer issues an Authority to Construct Permit or 

permit revision under Section 12.2 to a source based on a good engineering practice stack height that exceeds the height allowed by 

paragraph (b) of Section 12.2.7.3, the Control Officer shall notify the 

public of the availability of the demonstration study and provide the 

opportunity for a public hearing in accordance with the requirements 

of Section 12.2.16.

12.2.8 Exemptions

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

particular major stationary source or major modification if:

(a) The major stationary source or major modification would be a nonprofit health or nonprofit educational institution, or the major modification would occur at such an institution; or

(b) The source is a portable stationary source which has previously received a permit, and:

(1) The owner or operator proposes to relocate the major stationary 

source, and emissions of the major stationary source at the new 

location would be temporary; 

(2) The emissions from the major stationary source would not exceed its allowable emissions; 

(3) The emissions from the major stationary source would impact 

no Class I area and no area where an applicable increment is 

known to be violated; and

(4) Reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable 

duration of operation at the new location. Such notice shall be 

given to the Control Officer not less than ten (10) days in advance of the proposed relocation unless a different time duration 

is previously approved by the Control Officer.

12.2.8.1 Nonattainment Areas

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a 

major stationary source or major modification with respect to a particular 

pollutant if the owner or operator demonstrates that, as to that pollutant, the 

major stationary source or major modification is located in an area designated as nonattainment under 40 CFR 81.329.

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12.2.8.2 Class I Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply 

to a major stationary source or major modification with respect to a particular pollutant if the allowable emissions of that pollutant from the major stationary source or the net emissions increase of that pollutant from the major 

modification:

(a) Would impact no Class I area and no area where an applicable increment is known to be violated; and

(b) Would be temporary.

12.2.8.3 Class II Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate 

to any maximum allowable increase for a Class II area shall not apply to a 

major modification at a stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACT would be less than 

fifty (50) tpy.

12.2.8.4 Threshold Limits

The Control Officer may exempt a major stationary source or major modification from the requirements of Section 12.2.12, with respect to monitoring 

for a particular pollutant, if:

(a) The emissions increase of the pollutant from the new source, or the 

net emissions increase of the pollutant from the modification, would 

cause, in any area, air quality impacts less than the following 

amounts.

Table 12.2-2. Air Quality Impact Limits

Pollutant Emissions Increase (μg/m 3)

Carbon monoxide, 8-hour average 575

Nitrogen dioxide, annual average 14

PM10, 24-hour average 10

Sulfur dioxide, 24-hour average 13

Ozone

No de minimis air quality level is provided for ozone. However, any net increase of 100 tpy or more of VOCs or NOx 

subject to PSD would require an ambient impact analysis, 

including the gathering of ambient air quality data.

Lead, 3-month average 0.1

Fluorides, 24-hour average 0.25

Total reduced sulfur, 1-hour average 10

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Pollutant Emissions Increase (μg/m 3

)

Hydrogen sulfide, 1-hour average 0.2

Reduced sulfur compounds, 1-hour average 10

(b) The concentrations of the pollutant in the area that the major stationary source or major modification would affect are less than the concentrations listed in paragraph (a) of Section 12.2.8.4; or 

(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4.

12.2.9 Control Technology Review

A major stationary source or major modification shall meet each applicable 

requirement.

12.2.9.1 Major Stationary Sources

A new major stationary source shall apply BACT for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts.

12.2.9.2 Major Modifications

A major modification shall apply BACT for each regulated NSR pollutant for 

which it would result in a significant net emissions increase at the stationary 

source. This requirement applies to each proposed emissions unit at which 

a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit. 

12.2.9.3 Phased Construction Projects

For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate 

the adequacy of any previous determination of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact 

The owner or operator of the proposed major stationary source or major 

modification shall demonstrate that allowable emissions increases from the 

proposed source or modification, in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions), would 

not cause or contribute to air pollution in violation of:

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(a) Any NAAQS in any air quality control region; or

(b) Any applicable maximum allowable increase over the baseline concentration in any area.

12.2.10.2 Violation of Standard

A major stationary source or major modification will be considered to cause 

or contribute to a violation of a National Ambient Air Quality Standard when 

such source or modification would, at a minimum, exceed the significance 

levels listed in Table 12.2-3 at any locality that does not (or would not) meet 

the applicable national standard.

Table 12.2-3. Significance Levels 

Pollutant Annual

Significance Levels

Averaging time (hours)

24 8 3 1

SO2 1.0 μg/m3 5 μg/m3 25 μg/m3

PM10 1.0 μg/m3 5 μg/m3

NO2 1.0 μg/m3

CO 0.5 mg/m3 2 mg/m3

12.2.11 Air Quality Models

12.2.11.1 Model Applicability

All estimates of ambient concentrations required under Section 12.2 shall be 

based on applicable air quality models, databases, and other requirements 

specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”).

12.2.11.2 Model Modifications and Substitutions

Where an air quality model specified in 40 CFR Part 51, Appendix W 

(“Guideline on Air Quality Models”) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a 

model may be made on a case-by-case basis or, where appropriate, on a 

generic basis. Written approval of the Administrator must be obtained for 

any modification or substitution. In addition, use of a modified or substituted 

model must be subject to notice and opportunity for public comment under 

procedures developed in accordance with Section 12.2.16.

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12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

(a) Any application for an Authority to Construct Permit under Section 

12.2 shall contain an analysis of ambient air quality in the area that 

the major stationary source or major modification would affect for 

each of the following :

(1) For the source, each pollutant that it would have the potential to 

emit in a significant amount; or 

(2) For the modification, each pollutant for which it would result in a 

significant net emissions increase.

(b) With respect to any such pollutant for which no National Ambient Air 

Quality Standard exists, the analysis shall contain such air quality 

monitoring data as the Control Officer determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain 

continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(d) In general, the continuous air quality monitoring data that is required 

shall have been gathered over a period of at least one (1) year and 

shall represent at least the year preceding receipt of the application; 

except that, if the Control Officer determines that a complete and 

adequate analysis can be accomplished with monitoring data gathered over a period shorter than one (1) year (but not to be less than 

four (4) months), the data that is required shall have been gathered 

over at least that shorter period.

(e) The owner or operator of a proposed new stationary source or modification of an existing stationary source of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, 

Section IV may provide post-approval monitoring data for ozone in 

lieu of providing preconstruction data as required under Section 

12.2.12.1.

(f) With respect to any requirements for air quality monitoring of PM10, 

the owner or operator of the major stationary source or major modification shall use a monitoring method approved by the Administrator 

and shall estimate the ambient concentrations of PM10 using the data 

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collected by such approved monitoring method in accordance with 

estimating procedures approved by the Control Officer.

12.2.12.2 Post-Construction Monitoring

The owner or operator of a major stationary source or major modification 

shall, after construction of the major stationary source or major modification, 

conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissions from the major stationary source 

or major modification may have, or are having, on air quality in any area.

12.2.12.3 Operations of Monitoring Stations 

The owner or operator of a major stationary source or major modification 

shall meet the requirements of 40 CFR Part 58, Appendix B during the operation of monitoring stations for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or 

make any determination required under Section 12.2.13.

12.2.13.1 Required Information

With respect to a major stationary source or major modification to which 

Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such information shall 

include:

(a) A description of the nature, location, design capacity, and typical operating schedule of the major stationary source or major modification, 

including specifications and drawings showing its design and plant 

layout;

(b) A detailed schedule for construction of the major stationary source or 

major modification;

(c) A detailed description as to what system of continuous emission reduction is planned for the major stationary source or major modification, emission estimates, and any other information necessary to determine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Control Officer, the owner or operator shall also provide 

information on:

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(a) The air quality impact of the major stationary source or major modification, including meteorological and topographical data necessary to 

estimate such impact; and

(b) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has 

occurred since the major source baseline date in the area the major 

stationary source or major modification would affect.

12.2.14 Additional Impact Analyses

12.2.14.1 Visibility, Soils, and Vegetation

The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the proposed major 

stationary source or major modification, and general commercial, residential, industrial and other growth associated with the major stationary source 

or major modification. The owner or operator need not provide an analysis 

of the impact on vegetation having no significant commercial or recreational 

value.

12.2.14.2 Commercial, Residential, Industrial, and Other Growth

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, 

and other growth associated with the source or modification.

12.2.15 Additional Requirements for Sources Impacting Class I Areas

12.2.15.1 Notice to EPA

The Control Officer shall transmit to the Administrator a copy of each permit 

application relating to a major stationary source or major modification, and 

provide notice to the Administrator of every action related to the consideration of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality-related values (including visibility) of any such 

lands and to consider, in consultation with the Administrator, whether a proposed source or modification would have an adverse impact on such values. The Control Officer shall consult with the Federal Land Manager on a 

proposed major stationary source or major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307.

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12.2.15.3 Impact of Denial on Air Quality-Related Values

A Federal Land Manager of any Class I lands may present to the county, after the Control Officer’s preliminary determination (required under procedures developed in accordance with Section 12.2.16), a demonstration that 

the emissions from the proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of any federal mandatory Class I lands, notwithstanding that the change in air quality 

resulting from emissions from such source or modification would not cause 

or contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the county, through the state of Nevada, concurs with such demonstration, the Control Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source 

would have no adverse impact on the air quality-related values of such 

lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or 

contribute to concentrations which would exceed the maximum allowable 

increases for a Class I area. If the Federal Land Manager concurs with such 

demonstration and so certifies to the state of Nevada, the Control Officer 

may, provided that applicable requirements are otherwise met, issue the 

permit with such emission limitations as may be necessary to assure that 

emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such 

pollutants.

Table 12.2-4. Maximum Allowable Pollutant Increases

Pollutant Maximum allowable 

increase (μg/m3)

Particulate Matter:

PM10, annual arithmetic mean 17

PM10, 24-hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hr maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

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12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s 

Concurrence

(a) The owner or operator of a proposed source or modification which 

cannot be approved under procedures developed pursuant to Section 12.2.16 may demonstrate to the governor, through the Control 

Officer, that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for periods 

of twenty-four (24) hours or less applicable to any Class I area and, 

in the case of federal mandatory Class I areas, that a variance under 

this clause would not adversely affect the air quality related values of 

the area (including visibility).

(b) The Control Officer, through the governor, after consideration of the 

Federal Land Manager’s recommendation (if any) and subject to his 

concurrence, may grant, after notice and an opportunity for a public 

hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the Control Officer may issue a permit to 

such source or modification in accordance with provisions developed 

pursuant to Section 12.2.16, provided that the applicable requirements of the Nevada SIP are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Control Officer, through the governor, 

and the Federal Land Manager shall be transferred to the president 

in any case where the governor recommends a variance in which the 

Federal Land Manager does not concur.

(b) The president may approve the governor’s recommendation if he 

finds that such variance is in the national interest.

(c) If such a variance is approved, the Control Officer may issue a permit 

in accordance with provisions developed pursuant to the requirements of Section 12.2.16, provided that the applicable requirements 

of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Section 12.2.16, the source or modification shall comply with emission limitations as may be necessary to assure that emissions of sulfur dioxide from 

the source or modification would not (during any day on which the otherwise 

applicable maximum allowable increases are exceeded) cause or contribute 

to concentrations which would exceed the maximum allowable increases 

over the baseline concentration shown in Table 12.2-5, and to assure that 

such emissions would not cause or contribute to concentrations which ex4-160
ceed the otherwise applicable maximum allowable increases for periods of 

exposure of twenty-four (24) hours or less for more than eighteen (18) days, 

not necessarily consecutive, during any annual period.

Table 12.2-5. Maximum Allowable Increase (μg/m3) 

Period of exposure Low Terrain High Terrain

24-hr maximum 36 62

3-hr maximum 130 221

12.2.16 Public Participation

12.2.16.1 Notice of Proposed Action

(a) An application shall be deemed to be complete unless, within sixty 

(60) days of receipt, the Control Officer notifies the applicant by certified mail that the application is deficient and not complete. In the 

event of a deficiency, the date of receipt of the application shall be 

the date on which the Control Officer received all required information.

(b) Within one (1) year after receipt of a complete application, the Control Officer shall:

(1) Make a preliminary determination whether construction should 

be approved, approved with conditions, or disapproved; and

(2) Make available in at least one (1) location in each region in 

which the proposed source would be constructed a copy of all 

materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, 

considered in making the preliminary determination.

(c) After receipt of a complete application for an Authority to Construct 

Permit under Sections 12.2, or 12.3 and 12.4, the Control Officer

shall publish in a newspaper of general circulation within Clark County, Nevada, within each region in which the proposed source would 

be constructed, and on the department's web site a Notice of Proposed Action on the application containing the following:

(1) The date of the department’s receipt of the completed application;

(2) The location where documents relevant to the application will be 

available;

(3) For an Authority to Construct Permit reviewed pursuant to Section 12.2, a summary of the following:

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(A) The results of air quality modeling and any other air quality 

impact analyses;

(B) The results of the analysis of alternatives;

(C) The determination of BACT; and

(D) The level of PSD increments to be consumed by the 

source, as determined under Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Section 12.3, a summary of the following:

(A) Statewide compliance demonstration;

(B) Air quality impact analysis;

(C) Determination of the LAER; and

(D) Description of the emissions offsets relied upon in the application.

(5) The department’s preliminary determination of whether the application should be approved or disapproved;

(6) The proposed Authority to Construct Permit conditions;

(7) A determination by the Control Officer that the approval of the 

construction will not cause or contribute to a violation of a National Ambient Air Quality Standard, a PSD increment identified 

in Section 12.2.3, or otherwise violate any provisions of the Nevada SIP;

(8) The total PTE of each regulated NSR pollutant, as applicable;

(9) An opportunity for any person to submit written comments on 

the application and any documents relevant to the application; 

and

(10) An opportunity for any person to request a public hearing at 

which oral and written comments on the application will be received, or notice of such a hearing if one has been scheduled.

(d) All written comments must be received by the Control Officer within 

thirty (30) days from the publication date of the Notice of Proposed 

Action.

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12.2.16.2 Distribution of Notice 

The Control Officer shall send a copy of the Notice of Proposed Action to 

the applicant and to officials and agencies having jurisdiction over the location where the proposed construction would occur, including:

(a) Any other state or local air pollution control agencies;

(b) The chief executives of the city and county where the source would 

be located;

(c) Any comprehensive regional land use planning agency;

(d) Any state, Federal Land Manager, and Indian governing body whose 

lands may be affected by emissions from the source or modification;

(e) The Regional Administrator for EPA’s Region 9; and

(f) Any other person who requests such notice.

12.2.16.3 Public Hearings

During the Notice of Proposed Action public comment period specified in 

Section 12.2.16.1, any person may petition the Control Officer, in writing, for 

a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, and the reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer determines that there is a 

significant degree of public interest, the Control Officer shall hold a public 

hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all relevant factors, including, 

but not limited to, the number of petitioners, the nature of their concerns as 

stated in their petitions, the type and quantity of pollutants emitted by the 

source and the proximity of the source to sensitive areas like parks, schools, 

hospitals, residential areas or Class 1 air sheds.

The petitioner and the applicant shall receive no less than seven (7) days’ 

prior written notice of the date and location of the public hearing. Any notice 

of hearing shall also be posted on the department’s website no less than 

seven (7) days prior to the public hearing. 

12.2.16.5 Comments and Approvals

The Control Officer shall also:

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(a) Consider all written comments submitted within a time specified in 

the notice of public comment, and all comments received at any public hearing(s), in making a final decision on the approvability of the 

application. The Control Officer shall make all comments available for

public inspection in the same locations where the Control Officer 

made available preconstruction information relating to the proposed 

source or modification;

(b) Make a final determination whether construction should be approved, 

approved with conditions, or disapproved; and

(c) Notify the applicant in writing of the final determination and make 

such notification available for public inspection at the same location 

where the Control Officer made available preconstruction information 

and public comments relating to the source.

12.2.16.6 Enhanced Public Participation Procedures

If the terms and conditions of an Authority to Construct Permit are to be incorporated into a Part 70 Operating Permit through an administrative permit 

revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to 

the foregoing public participation procedures, the applicant shall comply with 

the requirements of Section 12.5.2.17.

12.2.17 Source Obligation

12.2.17.1 Enforcement

Any owner or operator who constructs or operates a source or modification 

not in accordance with the application submitted pursuant to Section 12.2 

and with any changes to the application as required by the Control Officer, 

or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subject to Section 12.2 who begins actual 

construction after the effective date of these AQRs without applying for and 

receiving an Authority to Construct Permit, shall be subject to enforcement 

action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not commenced within eighteen (18) months after receipt of such permit if construction is discontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Control Officer may 

extend the 18-month period upon a satisfactory showing of good cause why 

an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction 

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project; each phase must commence construction within eighteen (18) 

months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner 

or operator of the responsibility to comply fully with applicable provisions of 

the Nevada SIP and any other requirements under local, state, or federal 

law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a 

major stationary source or major modification solely by virtue of a relaxation 

in any enforceable limitation which was established after August 7, 1980, on 

the capacity of the stationary source or modification otherwise to emit a pollutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply 

to the stationary source or modification as though construction had not yet 

commenced on the stationary source or modification. 

12.2.18 Innovative Control Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major modification may request the Control Officer to approve a system of innovative 

control technology.

12.2.18.2 Requirements for Approval

The Control Officer may, with the consent of the governor of the state of 

Nevada and the governors of other affected states, determine that the major 

stationary source or major modification may employ a system of innovative 

control technology if:

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or 

function;

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required 

under Section 12.2.9.2 by a date specified by the Control Officer. 

Such date shall not be later than four (4) years from the time of startup or seven (7) years from permit issuance;

(c) The major stationary source or major modification would meet the 

requirements of Sections 12.2.9 and 12.2.10, based on the emis4-165
sions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Control Officer; 

(d) The major stationary source or major modification would not, before 

the date specified by the Control Officer:

(1) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

(2) Impact any area where an applicable increment is known to be 

violated.

(e) All other Applicable Requirements, including those for public participation, have been met; and

(f) The provisions of Section 12.2.15 (relating to Class I areas) have 

been satisfied with respect to all periods during the life of the major 

stationary source or major modification.

12.2.18.3 Withdrawal of Approval

The Control Officer shall withdraw any approval to employ a system of innovative control technology made under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; 

(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(c) The Control Officer decides at any time that the proposed system is 

unlikely to achieve the required level of control or to protect the public 

health, welfare, or safety.

12.2.18.4 BACT Extension for Failure or Withdrawal

If a major stationary source or major modification fails to meet the required 

level of continuous emission reduction within the specified time period, or 

the approval is withdrawn in accordance with Section 12.2.18.3, the Control 

Officer may allow the major stationary source or major modification up to an 

additional three (3) years to meet the requirement for the application of 

BACT through use of a demonstrated system of control.

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19.1 through 12.2.19.15 of this section govern actuals PALs.

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12.2.19.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any 

existing major stationary source if the PAL meets the requirements in 

Sections 12.2.19.1 through 12.2.19.15. The term “PAL” shall mean 

“actuals PAL” throughout Section 12.2.19.

(b) Any physical change in, or change in the method of operation of, a 

major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of Section 

12.2.19, and complies with the Authority to Construct Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the PSD program; and

(3) Is not subject to the provisions in Section 12.2.17.4.

(c) Except as provided under paragraph (b)(3) of Section 12.2.19.1, a 

major stationary source shall continue to comply with all applicable 

federal, state or county requirements, emission limitations, and work 

practice requirements that were established prior to the effective date 

of the PAL.

12.2.19.2 Definitions 

(a) Unless the context otherwise requires, the following terms shall have 

the meanings set forth below for the purposes of Section 12.2.19. 

When a term is not defined in these paragraphs, it shall have the 

meaning given in Section 0, Section 12.4, or the Act.

(1) “Actuals PAL for a major stationary source” means a PAL based 

on the baseline actual emissions of all emissions units at the 

source that emit, or have the potential to emit, the PAL pollutant.

(2) “Allowable emissions” means “allowable emissions” as defined 

in paragraph (a)(3) of Section 12.2.2, except as that definition is 

modified according to paragraph (A) of this definition:

(A) The allowable emissions for any emissions unit shall be 

calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit. 

(3) “Major emissions unit” means:

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(A) Any emissions unit that emits, or has the potential to emit, 

100 tpy or more of the PAL pollutant in an attainment area; 

or

(B) Any emissions unit that emits, or has the potential to emit, 

the PAL pollutant in an amount that is equal to or greater 

than the major source threshold for the PAL pollutant as 

defined by the Act for nonattainment areas.

(4) “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 

Sections 12.2.19.1 through 12.2.19.15.

(5) “PAL effective date” generally means the date of issuance of the 

Authority to Construct Permit. However, the PAL effective date 

for an increased PAL is the date any emissions unit which is 

part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(6) “PAL effective period” means the period beginning with the PAL 

effective date and ending ten (10) years later.

(7) “PAL major modification” means, notwithstanding the definitions 

for major modification and net emissions increase, any physical 

change in, or change in the method of operation of, the PAL 

source that causes it to emit the PAL pollutant at a level equal to 

or greater than the PAL.

(8) “PAL pollutant” means the pollutant for which a PAL is established at a major stationary source.

(9) “Significant emissions unit” means an emissions unit that emits, 

or has the potential to emit, a PAL pollutant in an amount that is 

equal to or greater than the significant level as defined in these 

AQRs or the Act, whichever is lower, for that PAL pollutant, but 

less than the amount that would qualify the unit as a major 

emissions unit.

(10) “Small emissions unit” means an emissions unit that emits, or 

has the potential to emit, the PAL pollutant in an amount less 

than the significant level for that PAL pollutant as defined in 

these AQRs or the Act, whichever is lower.

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12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, 

the owner or operator of a major stationary source shall submit the following 

information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner 

or operator of the source shall indicate which, if any, federal, state or 

county applicable requirements, emission limitations, or work practices apply to each unit;

(b) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction; and

(c) The calculation procedures that the major stationary source owner or 

operator proposes to use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (a) of Section 

12.2.19.13.

12.2.19.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary 

source, provided that, at a minimum, the requirements in paragraphs 

(a)(1) through (a)(7) of Section 12.2.19.4 are met.

(1) The PAL shall impose an annual emission limitation, in tpy, that 

is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the major 

stationary source owner or operator shall show that the sum of 

the monthly emissions from each emissions unit under the PAL 

for the previous twelve (12) consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the 

major stationary source owner or operator shall show that the 

sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in an Authority to Construct Permit 

that meets the public participation requirements in Section 

12.2.19.5.

(3) The Authority to Construct Permit shall contain all the requirements of Section 12.2.19.7.

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(4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit, or have the potential to 

emit, the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting 

requirements provided in Sections 12.2.19.12 through 

12.2.19.14 for each emissions unit under the PAL through the 

PAL effective period.

(b) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant which occur during the PAL effective period creditable as decreases for purposes of offsets under Section 

12.3.6 unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the 

absence of the PAL.

12.2.19.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or 

increased through the public participation procedures in Section 12.2.16.

12.2.19.6 Setting the 10-year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.2.19.6, the actuals 

PAL level for a major stationary source shall be established as the 

sum of the baseline actual emissions of the PAL pollutant for each 

emissions unit at the source plus an amount equal to the applicable 

significant level for the PAL pollutant under these AQRs or under the 

Act, whichever is lower. When establishing the actuals PAL level for 

a PAL pollutant, only one consecutive 24-month period must be used 

to determine the baseline actual emissions for all existing emissions 

units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. Emissions associated with 

units that were permanently shut down after this 24-month period 

must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tpy) in the Authority to Construct Permit, to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Control 

Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (this does not include modifications to 

existing units) on which actual construction began after the 24-month

period, in lieu of adding the baseline actual emissions as specified in 

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paragraph (a) of Section 12.2.19.6, the emissions must be added to 

the PAL level in an amount equal to the PTE of the units.

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

The contents shall include the information in paragraphs Section 12.2.19.7 

(a) through (j) as listed below:

(a) The PAL pollutant and the applicable source-wide emission limitation 

in tpy.

(b) The effective date and the expiration date of the PAL conditions (i.e., 

PAL effective period).

(c) Specification in the permit that if a major stationary source owner or 

operator applies to renew the PAL conditions in accordance with 

Section 12.2.19.10 before the end of the PAL effective period, then 

the PAL conditions shall not expire at the end of the PAL effective 

period. It shall remain in effect until a revised Part 70 Operating Permit is issued by the Control Officer;

(d) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the requirements of Section 12.2.19.9;

(f) The calculation procedures that the major stationary source owner or 

operator shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month rolling total, 

as required by paragraph (a) of Section 12.2.19.13;

(g) A requirement that the major stationary source owner or operator 

monitor all emissions units in accordance with the provisions under 

Section 12.2.19.12;

(h) A requirement to retain the records required under Section 

12.2.19.13 on-site. Such records may be retained in an electronic 

format;

(i) A requirement to submit the reports required under Section 

12.2.19.14 by the required deadlines; and

(j) Any other requirements that the Control Officer deems necessary to 

implement and enforce the PAL conditions.

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12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 

70 Operating Permit

The conditions in a Part 70 Operating Permit that contain a PAL shall include the following information: 

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) years from the date of issuance.

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit

(1) During the PAL effective period, the permit shall require the 

Control Officer to reopen the PAL conditions in a Part 70 Operating Permit to:

(A) Correct typographical/calculation errors made in setting the 

PAL, or reflect a more accurate determination of emissions 

used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for 

use as offsets under Section 12.3; or

(C) Revise the PAL to reflect an increase in the PAL, as provided under Section 12.2.19.11.

(2) The Control Officer may reopen the conditions of a Part 70 Operating Permit authorizing a PAL for the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective 

date.

(B) Reduce the PAL consistent with any other requirement that 

is enforceable as a practical matter, and that the Control 

Officer may impose on the major stationary source under 

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a reduction is necessary to avoid causing or contributing to a 

National Ambient Air Quality Standard or PSD increment 

violation, or to an adverse impact on an air quality-related 

value that has been identified for a federal Class I area by 

a Federal Land Manager and for which information is 

available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.2.19.8 for the correction of typographical/calculation er4-172
rors that do not increase the PAL level, all other reopenings 

shall be carried out as significant permit revisions to a Part 70 

Operating Permit. 

12.2.19.9 Expiration of a PAL 

Any PAL which is not renewed in accordance with the procedures in Section 

12.2.19.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e) of Section 12.2.19.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that existed 

under the PAL shall comply with an allowable emission limitation under a revised Part 70 Operating Permit established according to the 

procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9:

(1) Within the time frame specified for PAL renewals in paragraph 

(b) of Section 12.2.19.10, the major stationary source shall 

submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Control Officer) by 

distributing the PAL allowable emissions for the affected major 

stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an 

applicable requirement that became effective during the PAL effective period, as required under paragraph (e) of Section 

12.2.19.10, such distribution shall be made as if the PAL had 

been adjusted. 

(2) The Control Officer will decide whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 

Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Control Officer determines is appropriate.

(b) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve 

the use of monitoring systems other than CEMS, CERMS, PEMS, or 

CPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit 

incorporating allowable limits for each emissions unit, or each group 

of emissions units, as required under paragraph (a)(2) of Section 

12.2.19.9, the source shall continue to comply with a source-wide, 

multi-unit emissions cap equivalent to the level of the PAL emission 

limitation.

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(d) Any physical change in, or change in the method of operation at, the 

major stationary source will be subject to major NSR requirements if 

such change meets the definition of major modification.

(e) The major stationary source owner or operator shall continue to 

comply with any federal, state or county applicable requirements that 

may have applied either during the PAL effective period or prior to 

the PAL effective period, except for those limitations that were eliminated by the PAL in accordance with the provisions of paragraph 

(b)(3) of Section 12.2.19.1.

12.2.19.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in Sections 

12.2.19.5 and 12.4 in approving any request to renew the PAL conditions in a Part 70 Operating Permit, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to 

the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by 

the Control Officer.

(b) Application Deadline. A major stationary source owner or operator 

shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely 

application is one that is submitted at least six (6) months prior to, but 

not earlier than eighteen (18) prior to, the date of expiration of the 

Part 70 Operating Permit containing the PAL. This deadline for application submittal is to ensure that the permit will not expire before the 

permit is renewed. If the owner or operator of a major stationary 

source submits a complete application to renew the PAL conditions 

in a Part 70 Operating Permit within this time period, then the PAL 

conditions shall continue to be effective until the revised permit with 

the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL conditions shall be incorporated into the application for renewal of the affected Part 70 Operating Permit, and shall contain the information 

required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10:

(1) The information required in paragraphs (a) through (c) of Section 12.2.19.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with 

supporting documentation); and

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(4) Any other information the owner or operator wishes the Control 

Officer to consider in determining the appropriate level for renewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the 

PAL, the Control Officer will consider the options outlined in paragraphs (d)(1) and (d)(2) of this Section 12.2.19.10. However, in no 

case may any such adjustment fail to comply with paragraph (d)(3) of 

Section 12.2.19.10.

(1) If the emissions level calculated in accordance with Section 

12.2.19.6 is equal to or greater than eighty (80) percent of the 

PAL level, the Control Officer may renew the PAL at the same 

level without considering the factors set forth in paragraph (d)(2) 

of Section 12.2.19; or

(2) The Control Officer may set the PAL at a level that he determines to be more representative of the source’s baseline actual 

emissions, or that he or she determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other 

factors as specifically identified by the Control Officer in his or 

her written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stationary source is less than the 

PAL, the Control Officer shall adjust the PAL to a level no 

greater than the PTE of the source; and

(B) The Control Officer shall not approve a renewed PAL level 

higher than the current PAL, unless the major stationary 

source has complied with the provisions of Section 

12.2.19.11.

(e) If the compliance date for a federal or state requirement that applies 

to the PAL source occurs during the PAL effective period, and if the 

Control Officer has not already adjusted for such requirement, the 

PAL shall be adjusted at the time the affected Part 70 Operating 

Permit is renewed.

12.2.19.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the 

major stationary source complies with the provisions in paragraphs 

(a)(1) through (a)(4) of Section 12.2.19.11:

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(1) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit as a significant revision to the affected Part 70 Operating 

Permit. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major 

stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual 

emissions of the small emissions units, plus the sum of the 

baseline actual emissions of the significant and major emissions 

units (assuming application of BACT-equivalent controls), plus 

the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would 

result from BACT-equivalent controls on each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless 

the emissions unit is currently required to comply with a BACT 

or LAER requirement that was established within the preceding 

ten (10) years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit 

pursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.2.19.11, regardless of the magnitude of the emissions increase resulting from them. The emissions unit(s) shall comply with any emissions requirements 

resulting from the Authority to Construct Permit issuance 

process, even though it has also become subject to the PAL or 

continues to be subject to the PAL.

(4) The PAL conditions in a Part 70 Operating Permit shall require 

that the increased PAL level be effective on the day any emissions unit that is part of the significant permit revision becomes 

operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the

sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT-equivalent controls 

as determined in accordance with paragraph (a)(2) of Section 

12.2.19.11), plus the sum of the baseline actual emissions of the 

small emissions units.

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(c) The PAL conditions in a Part 70 Operating Permit shall be revised to 

reflect the increased PAL level pursuant to the public notice requirements of Section 12.2.19.5.

12.2.19.12 Monitoring Requirements for PALs

(a) General Requirements

(1) The PAL conditions in a Part 70 Operating Permit must include 

enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the PAL conditions must be based on sound 

science and meet generally acceptable scientific procedures for 

data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL conditions.

(2) The PAL monitoring system must employ one (1) or more of the 

four (4) general monitoring approaches meeting the minimum 

requirements set forth in paragraphs (b)(1) through (b)(4) of 

Section 12.2.19.12, and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL 

monitoring system may also employ an alternative monitoring 

approach that meets paragraph (a)(1) of Section 12.2.19.12 if 

approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requirements 

of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requirements for Approved Monitoring 

Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (c) through (i) of Section 12.2.19.12:

(1) Mass balance calculations for activities using coatings or solvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

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(c) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities 

using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in, or created by all 

materials used in or at, the emissions unit;

(2) Assume that the emissions unit emits all of the PAL pollutant 

that is contained in or created by any raw material or fuel used 

in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and

(3) Where the vendor of a material or fuel which is used in or at the 

emissions unit publishes a range of pollutant content from such 

material, the owner or operator must use the highest value of 

the range to calculate the PAL pollutant emissions unless the 

Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within 

the range.

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least 

every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using a CPMS or PEMS to 

monitor PAL pollutant emissions shall meet the following requirements:

(1) The CPMS or PEMS must be based on current site-specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at 

least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Officer, while the emissions unit

is operating.

(f) Emission Factors. An owner or operator using emission factors to 

monitor PAL pollutant emissions shall meet the following requirements:

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(1) All emission factors shall be adjusted, if appropriate, to account 

for the degree of uncertainty or limitations in the factors’ development;

(2) The emissions unit shall operate within the designated range of 

use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL 

pollutant emissions shall conduct validation testing to determine 

a site-specific emission factor within six (6) months of permit issuance unless the Control Officer determines that testing is not 

required.

(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or 

operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the Authority 

to Construct Permit.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of 

Section 12.2.19.12, where an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of 

the emissions unit, the Control Officer shall, at the time of permit issuance:

(1) Establish default value(s) for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the 

PAL.

(i) Revalidation. All data used to establish the PAL pollutant must be 

revalidated through performance testing or other scientifically valid 

means approved by the Control Officer. Such testing must occur at 

least once every five (5) years after issuance of the Part 70 Operating Permit containing the PAL conditions.

12.2.19.13 Recordkeeping Requirements

(a) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section 12.2.19 and of the 

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PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five (5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an 

owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 

70 Operating Permit and any applications for revisions to the affected Part 70 Operating Permit relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance.

12.2.19.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and 

prompt deviation reports to the Control Officer, in accordance with the conditions in the affected Part 70 Operating Permit. The reports shall meet the 

requirements in paragraphs (a) through (c) of Section 12.2.19.14.

(a) Semiannual Report. The semiannual report shall be submitted to 

the Control Officer within thirty (30) days of the end of each reporting 

period. This report shall contain the information required in paragraphs (a)(1) through (7) of Section 12.2.19.14:

(1) The identification of the owner and operator and the permit 

number;

(2) Total annual emissions (in tpy), based on a 12-month rolling total for each month in the reporting period recorded pursuant to 

paragraph (a) of Section 12.2.19.14;

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and 

annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period;

(5) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and 

span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the 

shutdown, the anticipated date that the monitoring system will 

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be fully operational or replaced with another monitoring system, 

whether the emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions of the 

pollutant or the number determined by method included in the 

permit, as provided by paragraph (g) of Section 12.2.19.12; and 

(7) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(b) Deviation Report. The major stationary source owner or operator 

shall promptly submit reports of any deviations or exceedance of the 

PAL conditions, including periods where no monitoring was available. 

A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy 

this reporting requirement. The deviation reports shall be submitted 

within the time limits prescribed by the affected Part 70 Operating 

Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was 

exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the 

truth, accuracy, and completeness of the information provided in 

the report.

(c) Revalidation Results. The owner or operator shall submit to the 

Control Officer the results of any revalidation test or method within 

three (3) months after completion of such test or method.

12.2.19.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with 

the requirements in Sections 12.2.19.1 through 12.2.19.15 after the 

Administrator has approved regulations incorporating these requirements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established 

prior to the date of approval of the Nevada SIP by the Administrator 

with a PAL that complies with the requirements of Sections 12.2.19.1 

through 12.2.19.15.

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12.2.20 Invalidation

If any provision of Section 12.2.19, or the application of such provision to 

any person or circumstance, is held invalid, the remainder of Section 

12.2.19, or the application of such provision to persons or circumstances 

other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010. Amended November 16, 2010.

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