BCC Meeting Minutes, 05/18/10

ITEM NO. 72 Accept and approve the business impact statement, pursuant to NRS 237, for 

the proposed adoption of portions of Clark County Air Quality Regulations 

Sections 12.2, 12.3 and 12.4, which govern the Clark County New Source 

Review program for major stationary sources of regulated air pollutants, and 

for the proposed adoption of portions of Section 25, which define the criteria 

for asserting an affirmative defense for excess emissions and specify the 

notice and reporting procedures to be used when an excess emission event 

occurs. 

 

[Attachment] Clark County Agenda Item Template.doc

 

[Attachment] Businees Impact Statement.pdf

 

DISCUSSION: There being no objection, Item No. 73 was heard in conjunction with Item No. 

72. 

Air Quality staff provided a report to the Board, which included comments on the rules, 

permitting, and source program. 

Vice-Chairman Brager opened the public hearing and asked if there were any persons present in 

the audience wishing to be heard on Item Nos. 72 or 73. 

SPEAKER(S): None 

There being no persons present in the audience wishing to be heard on the matter, ViceChairman Brager closed the public hearing.

Upon questioning by Commissioner Giunchigliani regarding fugitive emissions, staff advised 

that no change is necessary concerning fugitive emissions and there being current rules 

compliance to Federal standards. 

 

FINAL ACTION: It was moved by Commissioner Chris Giunchigliani that the recommendations 

for both items be approved, including adoption of Ordinance No. 3863. 

 

On roll call, motion carried by the following vote: 

 

Voting Aye: Commissioners Lawrence Weekly, Susan Brager, Rory Reid, Chris 

Giunchigliani, Larry Brown, Tom Collins, Steve Sisolak 

Voting Nay: None

Abstaining: None

Absent: None

 

ITEM NO. 73 Conduct a public hearing; and approve, adopt, and authorize the Chairman to 

sign an ordinance to repeal Clark County Air Quality Regulations Sections 

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16, 19, 55 and certain sections of Clark County Ordinance No. 3349 and, in 

their place, adopt new Clark County Air Quality Regulations Sections 12.2, 

12.3, 12.4, and 12.5 to provide for and update procedures for permitting of 

major stationary sources; amend Section 0 to ensure consistency of terms 

throughout the Air Quality Regulations; amend Section 25 by deleting the 

current version and adopting a new section to allow for affirmative defenses 

for excess emissions due to malfunctions, startup, or shutdown in certain 

circumstances; providing for other matters related thereto; consider and 

approve responses made to written comments provided during the public 

comment period; authorize the Director or his designee to make a record of 

comments and responses made and accepted by the Board at the public 

hearing; and authorize the Director or his designee to compile, finalize, and, 

with the exception of Section 12.5, submit the approved ordinance and all 

related documentation in accordance with AQR Section 2 to the Nevada 

Division of Environmental Protection for the United States Environmental 

Protection Agency’s approval into or removal from the Nevada State 

Implementation Plan.

 

[Attachment] Ordinance.pdf

 

[Attachment] Clark County Agenda Item Template.doc

 

[Attachment] Section12.2 Permit Requirements.pdf

 

[Attachment] AIDR 3263 Air Quality.pdf

 

[Attachment] Section 12.4 Authority to Construct.pdf

 

[Attachment] Section 12.5 Part 70 Operating Permit.pdf

 

[Attachment] Section 25 Upset-Breakdown.pdf

 

[Attachment] Section 12.3 Permit Requirements.pdf

 

[Attachment] Comments received.pdf

 

[Attachment] TSD.pdf

 

DISCUSSION: There being no objection, Item No. 73 was heard in conjunction with Item No. 

72. 

FINAL ACTION: Adopted Ordinance No. 3863 (see Item No. 72 for motion and vote). 

 

ITEM NO. 74 Conduct a public hearing; and approve, adopt, and authorize the Chairman to 

sign an ordinance to adopt Clark County Air Quality Regulation (AQR) 

Section 12.6 to provide procedures to identify confidential information in 

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accordance with NRS 445B.570; adopt AQR Section 12.7 to provide 

procedures to obtain emission reduction credits in accordance with NRS 

445B.508 and federal regulations; provide for other matters related thereto; 

and authorize the Director or his designee to make a record of comments and 

responses made and accepted by the Board at the public hearing. 

 

[Attachment] Clark County Agenda Item Template.doc

 

[Attachment] ordinance_12-6_12-7_031510.pdf

 

[Attachment] Public Comments.pdf

 

[Attachment] Section 12 6.pdf

 

[Attachment] Section 12.7.pdf

 

DISCUSSION: Chairman Reid opened the public hearing and asked if there were any persons 

present in the audience wishing to be heard on the matter. 

SPEAKER(S): None 

There being no persons present in the audience wishing to be heard on the matter, Chairman 

Reid closed the public hearing. 

 

FINAL ACTION: It was moved by Commissioner Steve Sisolak that the recommendation 

(Ordinance No. 3864) be approved as recommended. 

 

On roll call, motion carried by the following vote: 

 

Voting Aye: Commissioners Lawrence Weekly, Susan Brager, Rory Reid, Larry 

Brown, Tom Collins, Steve Sisolak

Voting Nay: None

Abstaining: None

Absent: Commissioner Chris Giunchigliani

 

ITEM NO. 75 Conduct a public hearing; approve, adopt, and authorize the Chairman to 

sign an ordinance to delete the current versions of Clark County Air Quality 

Regulations Sections 13 and 14 in their entirety; adopt new Sections 13 and 

14 to update the regulations by adopting the current federal requirements 

that regulate certain air pollutants, emission units and processes at stationary 

sources; repeal obsolete Sections 20 and 34; providing for other matters 

related thereto; and authorize the Director or his designee to make a record 

of comments and responses made and accepted by the Board at the public 

hearing. 

 

[Attachment] Clark County Agenda Item Template.doc

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[Attachment] Ordinance.pdf

 

[Attachment] Section 13.pdf

 

[Attachment] Section 14.pdf

 

DISCUSSION: Chairman Reid opened the public hearing and asked if there were any persons 

present in the audience wishing to be heard on the matter. 

SPEAKER(S): Present 

A concerned citizen commented on the importance of air quality. 

There being no other persons present in the audience wishing to be heard on the matter, 

Chairman Reid closed the public hearing. 

 

FINAL ACTION: It was moved by Commissioner Steve Sisolak that the recommendation 

(Ordinance No. 3865) be approved as recommended. 

 

On roll call, motion carried by the following vote: 

 

Voting Aye: Commissioners Lawrence Weekly, Rory Reid, Larry Brown, Tom 

Collins, Steve Sisolak

Voting Nay: None

Abstaining: None

Absent: Commissioners Susan Brager, Chris Giunchigliani

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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 

2-408
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) 

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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 

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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 

2-411
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 (BIN) and 

Business Impact Statement are required. These documents, along with the Board’s ordinance 

accepting them, are available from DAQEM upon request. 

2-412
 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 

CC Air Quality Regulations

2-413
(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

2-414
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

2-415
 

 (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

2-416
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

2-417
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 

CC Air Quality Regulations

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3-1

CHAPTER 3: SIP COMPLETENESS CHECKLIST
3-2

CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

FOR SUBMITTAL TO EPA

Rule Numbers: 0, 12.2, 12.3, 12.4, 25

Rule Titles:

1. Section 0: Definitions

2. Section 12.2: Permit Requirements For Major Sources in Attainment Areas (Prevention 

of Significant Deterioration)

3. Section 12.3: Permit Requirements For Major Sources In Nonattainment Areas

4. Section 12.4: Authority to Construct Application and Permit Requirements for Part 70 

Sources

5. Section 25: Affirmative Defense For Excess Emissions Due To Malfunctions, Startup, 

and Shutdown

Date Adopted or Amended: Section 0 – November 3, 2009 and May 18, 2010; Sections 12.2, 

12.3, 12.4 and 25 - May 18, 2010; and Section 16, repealed by the Board on May 18, 2010.

Effective Date: July 1, 2010.

Department Contact: Russell Roberts 

Phone Number: 702-455-1611 

E-mail Address: RRoberts@co.clark.nv.us

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

SECTIONS 0 AND 25 ARE AMENDED RULES, SECTIONS 12.2, 12.3 AND 12.4 ARE NEW 

RULES THAT REPLACE THE EXISTING SECTION 12.

The purpose of the rule amendment is 4-fold:

1. To address errors and problematic terms in current rules governing major 

source construction, modification and operation;

2. To adopt EPA’s NSR reform rules;

3. To more closely conform the Part 70 requirements in the Clark County rules to 

the federal Part 70 rules; and

4. To provide for an Authority to Construct permit to allow a better transition 

between the permit needed to construct/modify and the permit needed to 

operate a major source, consistent with the NSR reform requirements.
3-3

CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

ADMINISTRATIVE MATERIALS

Not

Attached Attached N/A

COMPLETE COPY OF THE RULE: Provide an 

unmarked copy of the entire rule as adopted or amended 

by the County. CLEAN COPIES OF THE RULES CAN 

BE FOUND IN THE COMPLETE CURRENT AQR 

RULE SET IN CHAPTER 6.

UNDERLINE AND STRIKEOUT COPY OF THE RULE: 

If an amended rule, provide a complete copy of the rule 

indicating in underline and strikeout format all language 

which has been added, deleted, or changed since the rule 

was last adopted or amended. UNDERLINED

VERSIONS OF THE NEW RULES (12.2, 12.3, 12.4,

AND 25) ARE INCLUDED IN THE PUBLIC 

HEARING AGENDA ITEM ATTACHMENTS IN 

CHAPTER 2. THIS INCLUDES A STRIKEOUT 

VERSION OF THE OLD SECTION 25. SINCE THE 

CHANGES TO THE TWO TERMS IN SECTION 0 

THAT WERE REVISED ON MAY 18, 2010 WERE 

RELATIVELY MINOR, A COMBINED 

STRIKEOUT/UNDERLINE VERSION CAN BE 

FOUND IN THE ADOPTING ORDINANCE IN 

CHAPTER 2. A STRIKEOUT VERSION OF SECTION 

12, REPEALED BY THE BCC IN DECEMBER 2006 

AND EFFECTIVE JULY 1, 2010, IS INCLUDED IN 

CHAPTER 5.

COMPLETE COPY OF THE REFERENCED RULE(S):

For any rule which includes language specifically 

referencing another rule, a copy of that other rule must 

also be submitted, unless it has already been submitted to 

EPA as part of a previous SIP submittal. A COMPLETE 

COPY OF THE CURRENT AQRs IS INCLUDED IN 

CHAPTER 6.

PUBLIC NOTICE EVIDENCE: Include a copy of the

local newspaper clipping certification(s), stating the date 

of publication. As an alternative, include a copy of the 
3-4

actual published notice of the public hearing as it 

appeared in the local newspaper(s). In this case, however, 

enough of the newspaper page must be included to show 

the date of publication. The notice must specifically 

identify by title and number each rule adopted or 

amended. SEE CHAPTER 2.

RESOLUTION/MINUTE ORDER: Provide the certified 

resolution or minute order. This document must include 

certification that the hearing was held in accordance with 

the information in the public notice. It must also list the 

rules that were adopted or amended, the date of the public 

hearing, and a statement of compliance with the County 

Administrative Procedures Act. SEE CHAPTER 2.

PUBLIC COMMENTS AND RESPONSES: Submit 

copies of written public comments made during the notice 

period and at the public hearing. Also submit any written 

responses prepared by County staff or presented to the 

County at the public hearing. A summary of the public 

comments and responses is adequate. If there were no 

comments made during the notice period or at the hearing, 

please indicate N/A to the left. SEE CHAPTER 2.
3-5

CLARK COUNTY, NEVADA

SIP COMPLETENESS CHECKLIST

TECHNICAL MATERIALS

I. GENERAL INFORMATION

Pollutant(s) Regulated by the Rules (Check): Regulated NSR pollutants 

(NOx) SO2 CO PM VOCs Lead H2S

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, will result in quantifiable 

changes in emissions. Attach reference(s) for emission factor(s) and other information. Attach 

calculation sheet showing how the emission information provided below was determined.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Source Category: N/A

Inventory Year Used to Calculate Changes in Emissions: Area Affected: 

Future Year Control Profile Estimate (Provide information on as many years as possible):

Baseline Inventory in the SIP for the Control Measure: N/A

Emissions Reduction Commitment in the SIP for the Control Measure: N/A

Revised Baseline Inventory (if any): N/A

Revised Emission Reduction Estimate (if developed): N/A

III. SOURCES/ATTAINMENT STATUS

County is: Attainment Nonattainment (CO, PM10, O3) Split

Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendment: None, 

the rules cover major sources only.

Percent in Nonattainment Area: NA, the rules address only major sources.
3-6

Number of Large (> 100 TPY) Sources Controlled: 30 Percent in Nonattainment Area: 93 %

(The “number of large ≥ 100 t/yr sources” includes sources that are major under the Clean Air 

Act definition of Major Source in a Serious NAA, which means sources less than 100 t/yr are 

included in the above total, since they’ll be reviewed as such under Section 12.3).

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule

(Attach additional sheets as necessary): Attached to this checklist.

IV. EMISSION REDUCTION TECHNOLOGY

Do the Rules Include Emission Limits that are Continuous? Yes No

If Yes, those limits are in Section(s) 12.2.13.1; 12.3.9.12(b); 12.4.3.1(a)(8); 12.4.3.1(a)(11); 

12.4.3.1(e)(1) and 12.4.3.1(e)(10)(B) of the Rules.

Other Methods in the Rule for Achieving Emission Reductions are: Innovative Control 

Technology (Section 12.2.18.2(b)); PAL 12.3.9.9(b)

V. OTHER REQUIREMENTS

The Rules Contain:

Emission Limits in Section(s): 12.2.2(uu) (Definition of “Significant”); 12.2.3 (Ambient Air 

Increments); 12,2,8,4 (Threshold Limits); 12.2.10.2 (Violation of Standard); 12,2.15.4 (Class I 

Variances); 12.2.15.7 (Emission Limitations for Presidential and Gubernatorial Variance); 

12.3.2(mm) (Definition of “Significant”); 12.4.2.1(b) (Definition of “Minor Source Significant 

Levels”)

Work Practice Standards in Section(s): 12.2.2(h); 12.2.19.1(c); 12.3.2(f); 12.3.9.1(c); 

12.3.9.3(a)

Recordkeeping Requirements in Section(s): 12.2.1.16(a), (c); 12.2.19.12(g); 12.2.19.13; 

12.3.1.6(a), (c); 12.3.9.13; 12.4.3.1(e)(1), (e)(10)(B); 25.2.1(j); 25.3.1(h)

Reporting Requirements in Section(s): 12.2.1.6(d), (e); 12.2.19.12(g); 12.2.19.14; 12.3.1.6(d), 

(e); 12.3.9.12(g); 12.3.9.14; 12.4.3.1(e)(10)(B), (e)(12), (e)(15); 25.6

VI. IMPACT ON AIR QUALITY PLAN

 No Impact Impacts RFP Impacts attainment

Discussion: As a general matter, the new version of Section 12, for which EPA approval is now 

sought, is more stringent than the version of that rule approved by the agency in September 2004 

in several important respects:
3-7

• In compliance with the requirements of 40 C.F.R. §§ 51.160 et. al., the new 

Section 12 now has a preconstruction review requirement that is triggered when 

an increase in a major source’s PTE will exceed one-half of the major source 

significance level. The preconstruction review requirements are a minimum 

technology demonstration to ensure RACT level controls and the authority to 

require an air impact analysis to ensure compliance with the NAAQS and 

applicable PSD increments.

• An authority to construct permit/Part 70 operating permit structure that ensures 

that NSR requirements in the authority to construct permit that are relevant to 

source operation are incorporated and enforceable through a Part 70 permit. This 

requirement is not clear in the current version of Section 12. 

• By adopting the EPA regulatory language verbatim for the major NSR rules in 

Sections 12.2 and 12.3, the County avoids the ambiguity and confusion created by 

the current version of Section 12, which varies from the EPA language in 

numerous and inexplicable respects. Thus, the new language increases the 

practicable enforceability of the rule and hence its stringency. 

• Where Sections 12.2 and 12.3 depart from the strict language of the EPA NSR 

Reform rule, it is to make the rules more stringent or clearer, usually by 

equalizing the requirements for electric utility steam generating units 

(“EUSGUs”) and all other major sources. Similarly, the County provides no 

exemptions from reporting by EUSGUs and non-EUSGUs of projected actual 

emissions increases below the “reasonable possibility thresholds” specified in 40 

C.F.R. § 51.166(r)(6). Section 12.2.1.6(d) and (e).

• For purposes of Section 110(l) of the Clean Air Act, the new rules adopted into 

the SIP would not interfere with any applicable requirement concerning 

attainment and reasonable further progress, or any other applicable requirement of 

the Act. It is important to review the issues of either stringency or 

noninterference on a pollutant-by-pollutant by applicable SIP provisions:

PM10 – Clark County has found and EPA has agreed that stationary 

sources in the County “cumulatively contribute less than 1 μg/m3 to the design 

day concentration placing them below the 5 μg/m3 threshold for being a 

significant source of PM10 emissions.” Therefore, “they have a minor impact on 

elevated levels in the Clark County nonattainment area.” 68 Fed. Reg. 2954, 

2958, 2959; January 22, 2003. (emphasis added) Accordingly, the Clark County 

nonattainment area plan does not rely upon control of PM10 emissions from 

stationary sources as a control measure in any context and there can be no issue of 

interference. See 69 Fed. Reg. 32272, 32275; June 9, 2004. Final Approval of 

the PM10 Nonattainment Area Plan for Clark County.

Carbon Monoxide (“CO”) – The Las Vegas “serious area” CO 

nonattainment plan “concludes that stationary sources are not a significant 
3-8

contributor to CO levels in the valley. . .” Id. 69 Fed. Reg. at 31061 and CO 

attainment has been achieved entirely based upon control of emissions from 

mobile sources. In other words, control of stationary sources is not relied upon in 

the CO plan for any purpose and there is no Section 110(l) issue.

Ozone – The Las Vegas Valley has achieved attainment for the one-hour 

ozone NAAQS and EPA found that that NSR rules previously submitted “would 

not interfere with continued attainment of the one-hour ozone NAAQS or any 

other applicable requirement of the Act.” Id. EPA reached the same conclusion 

with respect to the previous ozone nonattainment area plan for the Apex Valley. 

Subsequently, a large area of Clark County was designated as a nonattainment 

area for the 1997 eight-hour ozone NAAQS, but no nonattainment area plan has 

been approved for the area. The proposed plan, currently under development, 

does not rely on the controls required to comply with NSR rules in its attainment 

demonstration nor reasonable further progress demonstration.

VII. RULE EVALUATION MATERIALS

Not

Attached Attached N/A

RULE EVALUATION FORM: See instructions for 

completing the Rule Evaluation Form and the 

accompanying sample form.

NON-EPA TEST METHODS: Attach all test methods that 

are referenced in the rule that do not appear in 40 CFR 51, 

60, 61, 63, or have not been previously submitted to EPA. 

EPA methods used in other media such as SW846 for 

solid waste are not automatically approved for air 

pollution applications. Submittal of test methods that are 

not EPA-approved should include the information and 

follow the procedure described in Region 9’s “Test 

Method Review & Evaluation Process.”

MODELING SUPPORT: Provide if appropriate. In 

general, modeling support is not required for VOC and 

NOx rules to determine their impacts on ozone levels. 

Modeling is required where a rule is a relaxation that 

affects large sources (> 100 TPY) in an attainment area 

for SO2, directly emitted PM10, CO, or NOx (for NO2 

purposes). In cases where EPA is concerned with the 

impact on air quality of rule revisions which relax limits 

or cause a shift in emission patterns in a nonattainment 

area, a reference back to the approved SIP will be 
3-9

sufficient provided the approved SIP accounts for the 

relaxation and provided the approved SIP used the current 

EPA modeling guidelines. If current EPA modeling 

guidelines were not used, then new modeling may be 

required.

ECONOMIC AND TECHNICAL JUSTIFICA-TION FOR 

DEVIATIONS FROM EPA POLICIES: The County 

staff report or other information included with the 

submittal should discuss all potential relaxations or 

deviations from RACT, RACM, BACT, BACM, 

enforceability, attainment, RFP, or other relevant EPA 

requirements. This includes, for example, demonstrating 

that exemptions or emission limits less stringent than the 

presumptive RACT (e.g., a CTG) meet EPA’s 5 percent 

policy, and demonstrating that all source categories 

exempted from a RACM/BACM rule are de minimis

according to EPA’s RACM/BACM policy.

ADDITIONAL MATERIALS: Provide staff reports and 

any other supporting information concerning development 

of the rule or rule changes. This information should 

explain the basis for all limits and thresholds contained in 

the rule. SEE CHAPTER 4.
3-10

List of Major Sources in Clark County

Source

ID Source Name HydroArea Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM10 NOx VOC SOX ATC OP

372* AGGREGATE INDUSTRIES 

SLOAN QUARRY 212 5300 SLOAN LN, LAS VEGAS, NV 89124 66.10 99.23 37.68 11.94 20.80 04/30/2010 05/28/2009

1520 APEX GENERATING FACILITY 216 15555 APEX POWER PKWY, 

LAS VEGAS, NV 89165 368.20 107.99 189.14 60.62 11.82 05/07/2008 03/30/2007

587* BARDON MATERIALS 212 413 GOWAN RD, NORTH LAS 

VEGAS, NV 89030 63.71 28.64 31.08 19.17 6.05 10/06/2009 10/06/2009

13 CALNEV PIPE LINE 

COMPANY 212 5049 N SLOAN LN, LAS VEGAS, NV 89115 2.85 6.88 2.52 178.94 0.16 05/30/2008 03/30/2004

4 CERTAINTEED GYPSUM 

MANUFACTURING INC 212

13500 BLUE DIAMOND 

HIGHWAY, LAS VEGAS, NV 

89004

120.90 54.23 89.31 42.60 0.81 04/26/2010 04/26/2010

3 CHEMICAL LIME COMPANY 

APEX LIME FACILITY 216 12101 N. U.S. HIGHWAY 91, LAS VEGAS, NV 89124 942.57 346.71 1892.97 26.23 1644.23 09/26/2008 08/27/2004

402* CITY OF LAS VEGAS WWTP 212 6005 E VEGAS VALLEY DR, 

LAS VEGAS, NV 89142 69.49 10.65 49.38 43.09 23.64 12/17/2004 12/17/2004

652 EL DORADO ENERGY 167

701 EL DORADO VALLEY DR, 

BOULDER CITY, NV 89006-

2470

95.40 103.92 193.12 49.30 8.70 12/17/2009 12/17/2009

593 GEORGIA PACIFIC GYPSUM 

LLC 216 20 MILES NORTHEAST OF LV, APEX, NV 89030 256.37 61.20 99.87 30.72 2.52 05/05/2010 05/05/2010

468 GOODSPRINGS 

COMPRESSOR STATION 164 1455 HWY 161, JEAN, NV 89019 51.43 9.50 130.47 9.92 4.85 05/16/2006 05/16/2006

257* HARRAH'S LAS VEGAS 

HOTEL & CASINO 212 3475 S LAS VEGAS BLVD, LAS VEGAS, NV 89109 65.47 37.32 83.50 22.76 1.80 03/18/2010 10/13/2009

329* LAS VEGAS COGENERATION 212

1701 E. ALEXANDER RD., 

NORTH LAS VEGAS, NV 

89030

52.52 64.63 96.27 36.82 5.70 05/20/2009 11/01/2006

825 MGM MIRAGE 212 4882 FRANK SINATRA DRIVE, 

LAS VEGAS, NV 89109 201.58 79.90 153.83 49.11 4.44 12/31/2009 12/31/2009

114* NELLIS AIR FORCE BASE 212

4349 DUFFER DRIVE, SUITE 

1601, NELLIS AFB, NV 89191-

7007

68.84 34.87 95.12 45.15 4.93 06/04/2010
3-11

Source

ID Source Name HydroArea Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM10 NOx VOC SOX ATC OP

360 NEVADA COGENERATION 

ASSOCIATES 1 216

11401 US93 & I-15 (GARNET 

FACILITY), LAS VEGAS, NV 

89025

140.80 67.12 166.13 26.40 9.27 04/05/2007 08/20/2002

391 NEVADA COGENERATION 

ASSOCIATES 2 215

E LAKE MEAD DR (BLACK 

MOUNTAIN), LAS VEGAS, NV 

89124

140.71 67.11 166.70 26.31 9.28 10/17/2007 08/20/2002

1513

NEVADA POWER COMPANY 

CHUCK LENZIE GENERATING 

STATION

216 11405 U.S HWY 93, LAS 

VEGAS, NV 89124 1439.40 487.81 545.35 203.51 86.55 03/09/2010 03/09/2010

7 NEVADA POWER COMPANY 

CLARK STATION 212 5640 STEPHANIE ST., LAS VEGAS, NV 89122 1850.93 792.46 2465.93 216.50 48.50 11/04/2009 11/04/2009

533 NEVADA POWER COMPANY 

HARRY ALLEN STATION 216

HARRY ALLEN STA. NORTH 

OF APEX, LAS VEGAS, NV 

89124

277.03 150.57 303.07 64.47 14.24 01/15/2010 01/15/2010

1584 NEVADA POWER COMPANY 

SILVERHAWK POWER PLANT 216

15111 APEX POWER PKWY, 

NORTH LAS VEGAS, NV 

89124

561.05 148.91 309.58 85.31 10.31 12/04/2006 12/05/2006

8

NEVADA POWER COMPANY 

SUNRISE GENERATING 

STATION

212 6300 E. VEGAS VALLEY DR., 

LAS VEGAS, NV 89122 155.34 46.00 1760.38 13.30 10.42 01/15/2010 01/15/2010

423 NEVADA SUN PEAK LIMITED 

PARTNERSHIP 212 6360 VEGAS VALLEY DR, LAS VEGAS, NV 89142 33.21 11.01 249.90 5.04 49.50 04/29/2010 02/22/2010

11 PABCO GYPSUM BLACK 

MOUNTAIN FACILITY 215

EAST LAKE MEAD DR EAST 

OF SUNRISE MTN, LAS 

VEGAS, NV 89124

479.59 191.06 384.03 109.36 7.18 12/18/2009 12/18/2009

395 REPUBLIC DUMPCO INC 216

APEX LANDFILL 

EXCAVATION/CAPPING, LAS 

VEGAS, NV 89125

30.61 255.99 106.53 42.82 177.18 05/13/2010 09/17/2002

154 ROYAL CEMENT COMPANY 

INC 218

5501 N MOAPA VALLEY 

BLVD, LOGANDALE, NV 

89021

32.00 105.10 480.00 0.00 63.90 06/26/2007 06/26/2007

393 SAGUARO POWER CO 212 435 FOURTH STREET, 

HENDERSON, NV 89105 90.23 37.94 165.46 13.86 11.30 08/10/2009 08/10/2009

138 SIMPLOT SILICA PRODUCTS 220 655 SIMPLOT RD, OVERTON, 

NV 89040 17.39 100.56 231.12 1.07 25.64 04/21/2010 04/21/2010
3-12

Source

ID Source Name HydroArea Source Physical Location Source PTE by Pollutant Current Issuance Date

CO PM10 NOx VOC SOX ATC OP

15033 SUNRISE LANDFILL 212

SUNRISE MUNICIPAL WASTE 

LANDFILL (T21S, R 62E, S1 & 

12), LAS VEGAS, NV 89142

62.68 4.18 10.03 8.93 249.20 09/10/2002 08/16/2004

19 TIMET 212

8000 W LAKE MEAD DR AT 

ATLANTIC AVE, 

HENDERSON, NV 89009

1637.59 54.07 26.80 9.81 85.17 11/03/2009 11/03/2009

1550 WALTER M HIGGINS III 

GENERATING STATION 164 1275 E PRIMM BLVD, PRIMM, NV 89019 194.07 144.91 157.91 43.51 10.52 04/09/2010 11/08/2005

*Source is major due to nonattainment threshold, rather than 100-ton major source threshold.
4-1

CHAPTER 4: TECHNICAL SUPPORT DOCUMENT

Proposed Revision of Clark County Air Quality Regulations, 

Sections 0, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13, 14 and 25, and 

Proposed Repeal of Sections 16, 19, 20, 34 and 55
4-2

Why are revisions to authority to construct permits limited to administrative and 

significant permit revisions?

In effect, the question actually being posed is why authority to construct (ATC) permits 

cannot be revised by the minor permit revision process.

The triggers for having to obtain an ATC permit under Section 12.4.2.1(e) all involve 

State Implementation Plan-based federal major source new source review (NSR) 

requirements subject to Sections 12.2 and 12.3 requirements, EPA-authorized permitting 

under 40 CFR Part 70, or EPA-delegated permit requirements (40 CFR Parts 60 and 63 as 

well as Clean Air Act (CAA) Section 129(g)(3)). In other words, although ATC permits 

are County-issued, they are implementing federal requirements that establish 

preconstruction conditions that must be met as a matter of federal law. Thus, a permit 

revision that is not strictly an administrative revision will alter either a federal 

requirement or a monitoring, recordkeeping, etc. condition intended to enforce or 

implement a federal requirement. More importantly, the change being sought by the 

revision would most likely occur during construction of the facility or equipment covered 

by the ATC permit. These circumstances have persuaded the Clark County Department 

of Air Quality and Environmental Management (DAQEM) that it would be very unlikely 

that a non-administrative revision to an ATC permit would not raise issues that would 

require a significant permit revision and the public input process required for such a 

revision. 

The rules appear to use the terms “baseline actual emissions” and “actual 

emissions” interchangeably when baseline actual emissions is really the proper 

term.

Actually the terms are not used interchangeably, but in the same manner as in the EPA 

NSR regulations. For example, the primary place in which the term actual emissions is 

used is in the definition of “net emissions increase” (which uses both terms). See Sections 

12.2.2(ii) and 12.3.2(aa). In that definition the distinction between the two terms is very 

clear. To the extent that the language in Section 12.7 confuses the two terms, the 

regulatory language has been clarified. 

Why does the definition of “baseline actual emissions” in Section 12.2.2(c)(1)(B)(i) 

require EUSGUs to adjust their average of emissions downward to reflect 

compliance with emission limits that have become effective since the baseline date?

It has been noted that the EPA NSR Reform Rules [at 40 CFR § 51.166(b)(47)(i) and (ii)] 

only requires the downward adjustment in baseline actual emissions for non-EUSGUs not 

EUSGUs. Why is the DAQEM being more stringent than EPA? The answer is simple. 

EPA’s rationale for requiring the downward adjustment applies equally to electric 

utilities as it does to all other major sources. The emissions reductions required to comply 

with applicable laws enacted since the baseline date should not be used to convert what 

would otherwise be a major electric utility project into a minor project because the 

definition of baseline actual emissions was not adjusted downward to account for the 
4-3

emission reductions required to comply with applicable law. This equitable argument 

applies to both EUSGUs and non-EUSGUs.

The definitions of “major modification” and “major stationary source” exclude 

fugitive emissions “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.” How is this exclusion 

affected by the March 31, 2010 stay of the EPA rule on which it is based (75 Fed. 

Reg 16012)?

The confusion created by EPA’s 18-month stay of the provisions in its PSD rules 

governing when fugitive emissions are to be included in determining the applicability of 

new source review requirements is reflected in this comment. Unfortunately, the 

rulemaking that creates the stay provides no guidance as to its applicability to rules such 

as these that are in the adoption process for submission as a State Implementation Plan 

revision. Indeed, EPA concedes that it has provided “no additional detail . . . regarding 

the difficulties with compliance for those rules.” 75 Fed. Reg. 16012, 16014; March 31, 

2010. Rather than adding to the confusion, the County will submit the rule as proposed 

which addresses the fugitive emissions issue as it was addressed in 2002 when the NSR 

Reform rules were adopted. December 31, 2002; 67 Fed. Reg 80186. Generally, what are 

defined as categorical sources must consider fugitive emissions if quantifiable in 

determining a source’s emissions for all purposes under the rules. However, for noncategorical sources, fugitive emissions are to be included when determining a source’s 

baseline actual emissions and projected actual emissions, but not included in determining 

whether a source is a major source or a modification is a major modification. In all other 

respects, fugitive emissions are to be accounted for whether a source is categorical or it is 

not. EPA has not indicated this language in the rules as proposed is inconsistent with the 

agency’s stay or would not be approvable as a revision to the Nevada State 

Implementation Plan. Thus, there is no reason to change the language at this time. 

By what authority does the County require the analysis of alternatives in Section 

12.3.4?

The analysis is required by Clean Air Act Section 173(a)(5) [42 U.S.C. § 7503(a)(5)] for 

major source NSR permits in non-attainment areas. 

Clarification of the reporting requirements in Section 12.5.2.6(d)(4).

The above-cited rule has two categories of reporting:

(1) Semiannual reporting.

• More frequent reporting can be required if specified in the Part 70 permit 

or in an applicable requirement.
4-4

• All deviations including deviations from minimum data recovery 

requirements. It has been noted that 40 CFR Parts 60 and 75 “allow CEMS 

monitoring downtime” by establishing minimum data recovery 

requirements. Only if these minimum data recovery requirements are not 

met is there a reportable deviation.

(2) Deviation reporting. There are two categories of deviation reporting:

• Deviations caused by excess emissions or that pose a potential imminent 

and substantial endangerment require immediate notification (within 24 or 

12 hours respectively) in 25.6.1(a), followed up by written notification 

within 72 hours of the immediate notification; and 

• Semi-annual reporting of all other deviations. 

Under 40 CFR § 52.21(b) there are two lists of categorical sources – the list in 

(b)(1)(i)(a) that is used to distinguish between the categorical sources that have a 100

ton/year (T/Y) new major source prevention of significant deterioration (PSD)

threshold and the non-categorical sources that have a 250T/Y new major source 

PSD threshold; and the list in (b)(1)(c)(iii) that specify categorical sources that must 

consider fugitive emissions in determining if they are a major source. The primary 

difference between the two lists is that the latter list includes: “any other stationary 

source category which, as of August 7, 1980, is regulated under Section 111 (New 

Source Performance Standards or NSPS) or Section 112 (National Emission 

Standards for Hazardous Air Pollutants or NESHAPs) of the Clean Air act.” The 

County definition of “categorical source” in Section 12.2.2(j) only contains the 

second list. Isn’t this problematic?

No. Instead of making the distinction between the lists by providing two lists, the County 

rule achieves exactly the same result as having two lists by the definition of “major 

stationary source” for PSD purposes in Section 12.2.2(ff) that refers to the single 

categorical source list in two different contexts and that does not include the CAA 

Sections 111 and 112 sources in one of the contexts. 

Please explain how to reconcile the emissions increase that triggers the applicability 

of minor new source review requirements based on a potential emissions to potential 

emissions test showing that the increase will exceed the minor NSR significant levels 

in Section 12.4.2.1(b) and the trigger for the applicability of the major modification 

requirements in Sections 12.2 and 12.3 based on a baseline actual to projected 

future actual test.

The reality is that should a modification trigger both minor new source review based on 

the potential to potential test and constitute a major modification based on the baseline 

actual to future projected actual test, the latter requirements, because they are more 

stringent in all respects than the requirements for minor new source review, would apply. 
4-5

In all other cases, one or the other of the requirements triggered by the nature of the 

emissions increase would apply exclusively. 

The term “Nevada SIP” is used in several places in the major source rules, what is 

the scope of that term?

The context should be read as applying the term to only those provisions in the Nevada 

SIP that apply to Clark County.

What are the overall purposes for adopting Sections 12.2 through 12.5?

The purposes of adopting the four sections are the same as those stated in July 2005 when 

the County began the process of developing the rule with stakeholder input:

1. The current rules governing major source construction, modification and operation 

are confusing, unpredictable, sometimes unreasonable and, in some instances, of 

dubious enforceability. The County has operated under them for as long as it has by

working very hard to make the rules workable in individual cases. However, so many 

problems have arisen in recent years that the decision was finally made to 

permanently fix the rules rather than trying to address the problems on a case-by-case 

basis.

2. On December 31, 2002 (67 Fed. Reg. 80187), EPA adopted changes to 40 CFR §§ 

51.165, 51.166, 52.21, 52.24 and Part 51, Appendix S, known collectively as the NSR 

Reform rules. States were ostensibly given three years from the date of adoption to 

amend their NSR rules in accordance with NSR Reform rules. Sections 12.2 and 12.3 

track, with a few minor exceptions, the language of the NSR Reform rules exactly. 

3. Although EPA’s 40 CFR Part 70 operating permit program has been in effect since 

July of 1992, and Clark County’s Part 70 program has been authorized by EPA as 

meeting the Part 70 requirements, there are differences in the language of the County 

program from that in Part 70 and omissions from the EPA rule that have created 

difficulties as far as interpretation and implementation of the permitting program. The 

proposed Section 12.5 tracks the language in the EPA Part 70 rules closely and, thus, 

avoids these problems. 

4. The transition between the permit needed to construct or modify a major source and 

the permit required to operate that source was a subject of extensive discussions with 

the stakeholders and with EPA during the development of the rules. The minor source 

permitting rules in Section 12.1 rely on what is called a “unitary permit.” Under a 

unitary permit a source receives a single permit that authorized both construction or 

modification of a source and contains conditions governing the source’s operation

after construction is complete. A unitary permit structure was also considered for 

major sources but there was general opposition to unitary permits from the owners 

and operators of major sources. There was a general feeling that given the complexity 

of major sources, a second permitting process that accounted for the source as it was 
4-6

being constructed or following construction made sense. Accordingly, Section 12.4 

requires that new major sources and major modifications to existing major sources 

have an authority to construct or ATC before beginning construction. In addition, an 

ATC is required when the minor NSR preconstruction review requirements are 

triggered. See below. 

The County already has an ATC program, but that program differs from the 

proposed rule in several important respects.

Under the new rule, the ATC and its relevant conditions will merge into the 

operating permit when the construction of a major new source, major 

modification or minor NSR construction is complete and the new construction is 

to become operational. At that point the ATC terminates. Under the current rules, 

an ATC continues in a separate existence after construction is complete thereby 

making a permittee potentially subject to multiple permits with inconsistent 

provisions. 

Second, the new ATC permit explicitly states that its conditions for sources 

subject to major NSR are those prescribed by Sections 12.2 and 12.3, the NSR 

Reform requirements.

Third, an ATC permit may not only impose the conditions in Sections 12.2 and 

12.3, but also EPA requirements including, for example, the 40 CFR Part 64 

compliance assurance monitoring requirements and CAA Section 112 hazardous 

air pollutant emissions regulatory requirements, if applicable.

Fourth, the new ATC rule addresses what has affectionately been called the 

“donut hole” issue. See generally Section 12.4.3.2. The donut hole issue arises 

because the EPA rules allow a new source in a PSD area that is not a listed 

categorical source to emit up to 250 tons per year of a single regulated NSR 

pollutant without triggering major source NSR even though the source, if it 

exceeds 100 tons per year of the same pollutant, is required to obtain a Part 70 

operating permit because it is a major source for Part 70 purposes. Similarly, an 

existing source in a PSD area that is not a listed categorical source may increase 

its allowable emissions of a regulated NSR pollutant by more than the major 

source significance level without major NSR as long as the source’s total 

emissions of that pollutant do not reach the 250 tons per year level. While the 

County is not proposing that these sources be subject to the major source NSR 

requirements in Section 12.2, the source will be subject to the minor NSR 

preconstruction requirements including the reasonably available control 

technology (RACT) minimum technology demonstration requirement and, when 

appropriate, an air quality impact analysis.

Finally, Sections 12.4.1.1(6) and 12.5.2.1(1) and (3) describe the transition to and 

timing for obtaining a Part 70 permit for a source that has been constructed as a 

new source or that has undergone a major modification. An application for a Part 
4-7

70 permit (either new or modified) is timely if it is submitted within twelve 

months of when the source “becomes subject” to the Part 70 permit program (new 

source) or within twelve months “after commencing operation of the 

modification.” The Control Officer reserves the right to impose a shorter deadline 

for submission under individual circumstances including requiring a source to 

actually obtain the permit prior to commencing operations.

Why did it take as long as it did to develop and adopt these rules?

From the beginning of this process the County has been committed to developing rules 

that corrected the problems of the current rules, and that were responsive to stakeholder 

concerns, but that were ultimately approvable by EPA as revisions to the Nevada State 

Implementation Plan. To achieve these goals has required a two-step process. 

The first step, which took almost two years, involved a series of stakeholder meetings 

that dealt with every aspect of the regulatory language in excruciating detail. The 

stakeholder input resulted in a series of versions of the draft rules that were intended to 

address each stakeholder comment, whether oral and written. In parallel with the 

stakeholder input process was a series of meetings with DAQEM staff to get input from 

the agency personnel who had done the permit processing and had experienced the 

problems to which the new rules are a response. Also, it was important that the new rules 

make sense to the people who would be implementing them.

The second step was to provide the rules to EPA for comment. Working with EPA to 

ensure that the rules were approvable was a difficult, sometimes frustrating process for all 

concerned. Nevertheless, EPA gave the County criticisms, comments and suggestions 

that ultimately resulted in much improved rules. The back and forth with EPA also took a 

little over two years. EPA’s willingness to treat review of the County’s rules, given 

everything else before the agency, as a priority matter and the agency’s willingness to 

commit top people to the effort, was very much appreciated by the County, but the 

process took longer than either party wanted. 

Why has the County not included the exemption from reporting of projected actual 

emissions increases that are below the “reasonable possibility” thresholds in 40 CFR 

§ 51.166(r)(6)?

Sections 12.2.1.6(d) and (e) of the proposed County rules require the owner/operator of 

non-EUSGUs and EUSGUs to submit reports annually concerning certain emissions 

increases. EUSGUs are required to submit the reports, non-EUSGUs need only submit 

the reports if certain emissions thresholds, based on a significant emissions increases, are 

exceeded. The language of the reporting requirements in the County’s rule are identical to 

those in 40 CFR § 51.166(r)(6)(iv) and (v). However, at the beginning of § 51.166(r) both 

reporting requirements are tied to whether there is a “reasonable possibility” that a 

project that is not part of a major modification “may result in a significant net increase” 

of the projected actual emissions of an NSR pollutant. The “reasonable possibility” 

criteria is met when the owner or operator calculates that the project will result in either: 
4-8

(a) A projected actual emissions increase of at least 50 percent of the amount that is a 

“significant emissions increase,” as defined under paragraph (b)(39)1 of this 

section (without reference to the amount that is a significant net emissions 

increase), for the regulated NSR pollutant; or

(b) A projected actual emissions increase that, added to the amount of emissions 

excluded under paragraph (b)(40)(ii)(c), sums to at least 50 percent of the amount 

that is a “significant emissions increase,” as defined under paragraph (b)(39) of 

this section (without reference to the amount that is a significant net emissions 

increase), for the regulated NSR pollutant. For a project for which a reasonable 

possibility occurs only within the meaning of paragraph (r)(6)(vi)(b) of this 

section, and not also within the meaning of paragraph (a)(6)(vi)(a) of this section, 

then provisions (a)(6)(ii) through (v) do not apply to the project.

After extensive consultation with stakeholders, the decision was made by DAQEM four 

years ago to not include the reasonable possibility exclusion in the rule. 

First, it should be noted that the same language that describes the reasonable possibility 

rule also authorizes that it not be included in a state or local NSR rule if the result is to 

make the rule more stringent than the EPA rule (which it obviously does). See 40 CFR § 

51.166(r)(6)

The reason that the decision was made not to adopt the reasonable possibility language 

was because it allows sources to unilaterally make determinations about the projected 

actual emissions from smaller projects and thereby avoid major source NSR without 

DAQEM knowledge or oversight of the determinations. Many in DAQEM found this 

troubling and favored requiring annual reporting without the reasonable possibility 

exclusion to ensure that there is adequate policing of actual emissions increases. A 

similar concern led EPA to grant a petition by New Jersey’s Attorney General to 

reconsider the reasonable possibility rule and that reconsideration is ongoing (Letter from 

Elizabeth Craig, EPA acting Assistant Administrator, to Anne Milgram, NJ Attorney 

General; April 24, 2009). 

 1

 All cites are to paragraphs in 40 CFR § 51.166
CHAPTER 5: 

REPEALED SECTIONS 12 AND 16

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Repealed by the Board of County Commissioners, Effective 07/01/10

SECTION 12 - PRECONSTRUCTION REVIEW FOR NEW OR MODIFIED STATIONARY 

SOURCES

TABLE OF CONTENTS PAGE #

12.1 General Application Requirements for New and Modified Sources of Air 

Pollutants...................................................................................................................1

12.1.1 PERSONS who must apply .......................................................................................1

12.1.2 Prohibition .................................................................................................................1

12.1.3 Exemptions................................................................................................................1

12.1.4 Information to be submitted with an application for AUTHORITY TO 

CONSTRUCT (ATC)..................................................................................................5

12.1.5 AUTHORITY TO CONSTRUCT Completeness Determination ..................................7

12.1.6 Total POTENTIAL TO EMIT: .....................................................................................8

12.2 Requirements for Specific Air Pollutants: ...................................................................8

12.2.1 PM10 Non-Major Sources in the Serious NONATTAINMENT AREA.........................8

12.2.2 12.2.2 PM10 Major Sources in the Serious NONATTAINMENT AREA....................10

12.2.3 PM10 Non-Major Sources in the PM10 MANAGEMENT AREAS..............................11

12.2.4 PM10 Major Sources in the PM10 MANAGEMENT AREAS.......................................13

12.2.5 PM10 Sources in the PSD AREA..............................................................................17

12.2.6 CO Non-Major Sources in the Serious NONATTAINMENT AREA...........................20

12.2.7 CO Major Sources in the Serious NONATTAINMENT AREA...................................21

12.2.8 CO Non-Major Sources in the CO MANAGEMENT AREA.......................................22

12.2.9 CO Major Sources in the CO MANAGEMENT AREAS............................................22

12.2.10 CO Sources in the PSD AREA.................................................................................23

12.2.11 VOC Non-Major Sources in the VOC MANAGEMENT AREAS................................25

12.2.12 VOC Major Sources in the VOC MANAGEMENT AREAS .......................................26

12.2.13 VOC Sources in PSD AREA....................................................................................26

12.2.14 NOx Sources in the NOx MANAGEMENT AREAS....................................................28

12.2.15 NOx Sources in PSD AREA .....................................................................................29

12.2.16 SO2 Sources in PSD AREA .....................................................................................32

12.2.17 Pb Sources in PSD AREA .......................................................................................35

12.2.18 HAP Sources in Clark County..................................................................................36

12.2.19 TCS Sources in Clark County ..................................................................................37

12.2.20 Additional Requirements for STATIONARY SOURCEs with Beryllium, Mercury, 

Vinyl Chloride, or Asbestos EMISSIONS in Clark County: .......................................40

12.2.21 [RESERVED]...........................................................................................................40

12.2.22 PM10 Non-Major Sources in the Moderate NONATTAINMENT Area:.......................40

12.2.23 PM10 Major Sources in the Moderate NONATTAINMENT Area: ..............................42

12.3 Owner/Operator Notification, Application Processing Deadlines, Notice of 

Proposed Action Procedures, and Public Hearings..................................................44

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12.3.1 Owner/Operator Notification and Application Processing Deadlines: .......................44

12.3.2 Notice of Proposed Action: ......................................................................................45

12.3.3 Public Hearings: ......................................................................................................46

12.3.4 Final Application Evaluation:....................................................................................46

12.4 [RESERVED]...........................................................................................................49

12.5 Air Quality Models....................................................................................................49

12.5.1 Air Quality Modeling Applicability .............................................................................49

12.5.2 [RESERVED]...........................................................................................................49

12.5.3 Air Quality Modeling Requirements:.........................................................................49

12.5.4 Stack heights:..........................................................................................................49

12.5.5 PSD Monitoring Significance Levels: .......................................................................50

12.6 Preconstruction and Post Construction Ambient Air Monitoring Requirements ........51

12.6.1 Preconstruction Ambient Air Monitoring Requirements ............................................51

12.6.2 Post Construction Ambient Air Monitoring Requirements.........................................51

12.7 Continuous EMISSION Monitoring Systems ............................................................52

12.7.1 Continuous EMISSION Monitoring Systems Applicability:........................................52

12.7.2 Continuous EMISSIONS Monitoring System Requirements. ....................................53

12.7.3 Continuous Opacity Monitoring System (COMS) Requirements: .............................53

12.7.4 [RESERVED]...........................................................................................................53

12.7.5 Alternative Monitoring System(s). ............................................................................53

12.8 Issuance of AUTHORITY TO CONSTRUCT CERTIFICATE with Conditions...........53

12.8.1 AUTHORITY TO CONSTRUCT CERTIFICATE Conditions .....................................53

12.8.2 AUTHORITY TO CONSTRUCT Issuance Requirements.........................................54

12.8.3 Enforceability of AUTHORITY TO CONSTRUCT Conditions. ..................................54

12.8.4 Compliance with the AUTHORITY TO CONSTRUCT Conditions: ...........................54

12.9 Cancellation or Extension of an AUTHORITY TO CONSTRUCT CERTIFICATE.....55

12.9.1 Cancellation of an AUTHORITY TO CONSTRUCT CERTIFICATE .........................55

12.9.2 Extension of AUTHORITY TO CONSTRUCT CERTIFICATE ..................................56

12.10 Disclaimers..............................................................................................................56

12.11 Severability Clause..................................................................................................56

12.12 Protection of Visibility from Sources in NONATTAINMENT AREAS. ........................57

12.12.1 Review of MAJOR STATIONARY SOURCES and Major MODIFICATIONS– 

Source Applicability and Exemptions. ......................................................................57

12.12.2 Visibility Impact Analyses.........................................................................................59

12.12.3 FEDERAL LAND MANAGER Notification. ...............................................................59

12.12.4 National Visibility Goal. ............................................................................................60

12.12.5 Monitoring. ...............................................................................................................60

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12.1 General Application Requirements for New and Modified Sources of Air Pollutants 

12.1.1 PERSONS who must apply 

12.1.1.1 Any PERSON who proposes to install or construct any new STATIONARY 

SOURCE (as defined in Section 0), or make MODIFICATION (as defined in 

Section 0) to any existing STATIONARY SOURCE shall apply for an 

"AUTHORITY TO CONSTRUCT" CERTIFICATE prior to COMMENCING 

CONSTRUCTION unless a source has COMMENCED CONSTRUCTION, or 

MODIFICATION prior to August 25, 1971, and has not undergone a 

MODIFICATION, or reconstruction since such time. Effective September 01, 1996, 

unless a source is exempt from the ATC requirements, any STATIONARY 

SOURCE which is operating in Clark County without an AUTHORITY TO 

CONSTRUCT issued by the Clark County Department of Air Quality and 

Environmental Management shall be considered “new” for purposes of this 

Regulation. 

12.1.1.2 Any new or MODIFYING STATIONARY SOURCE that requires site excavation 

aggregating one quarter (1⁄4) acre or greater shall obtain a Dust Control Permit 

pursuant to Section 94 prior to COMMENCING CONSTRUCTION. 

12.1.1.3 Any PERSON may submit a written request to the CONTROL OFFICER for an 

applicability determination of the permitting requirements in this section. Such 

request shall be evaluated by the CONTROL OFFICER within thirty (30) days of 

receipt of all required information pertaining to the written request. 

12.1.2 Prohibition: No PERSON shall COMMENCE CONSTRUCTION of any new 

STATIONARY SOURCE or make MODIFICATIONs to any existing STATIONARY 

SOURCE prior to receiving an AUTHORITY TO CONSTRUCT CERTIFICATE 

from the CONTROL OFFICER in accordance with this section. 

12.1.2.1 Failure to comply with the requirements of subsection 12.1.2 may result in federal 

enforcement action and, as of July 1, 1996, shall result in the issuance of a Notice 

of Violation (NOV) with a Corrective Action Order (CAO) requiring such 

STATIONARY SOURCE to make application for an AUTHORITY TO 

CONSTRUCT (ATC) and shall result in the Hearing Board assessment of a Civil 

Penalty pursuant to Section 9 of the Air Quality Regulations. Such Civil Penalty 

may be assessed at a rate of two (2) times the total Section 18.4 New Source 

Review Application Review fees as determined by the CONTROL OFFICER. 

(a) For any new STATIONARY SOURCE, the Section 18.4 New Source 

Review Application Review fees shall be based on the total POTENTIAL 

TO EMIT for all REGULATED AIR POLLUTANTS. 

(b) For any Modifying STATIONARY SOURCE, the Section 18.4 New Source 

Review Application Review fees shall be based on the NET EMISSIONS 

INCREASE for all REGULATED AIR POLLUTANTS. 

12.1.3 Exemptions. This subsection pertains to Section 12 applicability. 

12.1.3.1 VARIOUS LOCATIONS PERMIT (VLP). Any non-major TEMPORARY 

STATIONARY SOURCE that meets the definition of a VARIOUS LOCATIONS 

ACTIVITY shall be subject to the following, which shall satisfy the requirement to 

5-4
obtain an AUTHORITY TO CONSTRUCT and an OPERATING PERMIT pursuant 

to Section 16 of the Air Quality Regulations: 

(a) Each EMISSION UNIT has permit conditions included in a valid VARIOUS 

LOCATIONS OPERATING PERMIT issued pursuant to Section 12 and 

Section 16 of the Air Quality Regulations; 

(b) Each EMISSION UNIT incorporates EMISSION controls which are 

designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT); 

(c) VLPs are subject to the OFFSET requirements of Section 59; 

(d) As applicable, each EMISSION UNIT shall be subject to the new source 

performance standard(s) pursuant to Section 14 of the Air Quality 

Regulations, and; 

(e) The annual (per calendar year) aggregate total of EMISSIONS from all 

EMISSION UNITS authorized under each VARIOUS LOCATIONS 

ACTIVITY shall not equal or exceed the following POTENTIAL TO EMIT 

EMISSIONS for any pollutant: 

Pollutant

POTENTIAL TO EMIT EMISSIONS

MANAGEMENT AREA & 

Serious NONATTAINMENT 

AREA (tons per calendar 

year)

PSD AREA 

(tons per calendar year)

PM10 15 15

CO 10 70

VOC 20 40

NOx 20 40

SO2 Not Applicable 40

Pb Not Applicable 0.3

HAP Not Applicable 10

TCS Not Applicable 1.0

(f) An ATTACHMENT 1 shall be completed and submitted to the CONTROL 

OFFICER or his/her representative each time the Permittee changes the 

work location of equipment and/or other accessories authorized under the 

VLP. 

(g) Forms at ATTACHMENT 1 shall be processed according to the following 

timeline: 

(1) ATTACHMENT 1 shall be submitted to the CONTROL OFFICER 

not less than fourteen (14) days prior to the date of location change. 

(2) The CONTROL OFFICER will approve, disapprove, or indicate 

need for additional review of relocation request, in writing, within ten 

(10) days of receipt of ATTACHMENT 1. 

12.1.3.2 This Regulation is applicable to any STATIONARY SOURCE (as defined in 

Section 0) that is located in Clark County, Nevada, except for a facility which 

generates electricity by using steam produced by the burning of fossil fuel 

5-5
pursuant to NRS 445.546(5). Such a facility must apply for a preconstruction 

permit from the Nevada Department of Environmental Protection unless such 

authority is specifically delegated to the Clark County Board of County 

Commissioners. 

12.1.3.3 EXEMPT STATIONARY SOURCE: The CONTROL OFFICER may require a 

potential STATIONARY SOURCE to submit information demonstrating that such 

STATIONARY SOURCE has uncontrolled EMISSIONS less than the EXEMPT 

STATIONARY SOURCE enumerated limits, as defined in Section 0, for each 

REGULATED AIR POLLUTANT. 

(a) Any STATIONARY SOURCE determined to have uncontrolled 

EMISSIONS less than the EXEMPT STATIONARY SOURCE enumerated 

limits shall receive a letter of exemption at no cost to the owner/operator. 

(b) Any STATIONARY SOURCE determined to have uncontrolled 

EMISSIONS equal to or exceeding the EXEMPT STATIONARY SOURCE 

enumerated limits shall be required to submit an application for an 

AUTHORITY TO CONSTRUCT or such STATIONARY SOURCE may be 

subject to enforcement action pursuant to Subsection 12.1.2.1. 

(c) “Categorically Exempt Activities” are those activities that rely on the use of 

specific equipment or those activities based on specific processes, which 

are contained in the following list: 

(1) Aircraft engine testing; 

(2) Hobby activities done not for business, profit, research, commercial 

gain, or as a part of a job or occupation, but for personal reasons, 

e.g., relaxation, diversion, enjoyment, etc; 

(3) Airbrushing articles of clothing; 

(4) Mobile, motor vehicle scratch and dent repair, mural painting, or 

pin-striping less than 144 (one hundred forty-four) square inches; 

(5) Portable liquid asphalt kettles; 

(6) Non-production line surface coating with spray cans; 

(7) Media blasting done on in-place stationary equipment or structures; 

(8) Architectural coating of houses, bridges, etc. done in place; 

(9) Internal combustion engines powering portable light plants, 

portable signs, portable generators, portable welders, and portable 

compressors as long as they are not providing power to any 

EMISSION UNITS requiring a permit or providing electrical power 

to another EMISSION UNIT requiring a permit; 

(10) Vacuum cleaning systems; 

(11) Portable steam cleaners/pressure washers; 

5-6
(12) Human transportable power tools, including the attached engine 

that powers it (e.g., string trimmers, concrete saws, power trowels); 

(13) Temporary “padding” machines, including the engine that powers it, 

used on an underground utility project provided there is no crusher 

and provided the project is being performed under a Dust Control 

Permit; 

(14) Temporary, on-site, demolition debris “grinders”, including the 

engine that powers it, provided the project is being performed under 

a Dust Control Permit; 

(15) Temporary trenching machines, including the engine that powers it, 

provided the project is being performed under a Dust Control 

Permit; 

(16) Pilot testing of soil or groundwater remediation projects for the 

purpose of gathering engineering data for the selection of control 

technology. The duration of such testing shall not exceed 72 

(seventy-two) hours; 

(17) Equipment demonstration activities lasting less than 14 (fourteen) 

days in a row and not exceeding a total of 14 (fourteen) days within 

a 365 (three hundred sixty-five) day period; 

(18) Fuel burning equipment used to heat air, e.g., space heaters, with a 

maximum heat input less than 1 (one) million BTU/hour; 

(19) Tank-type water heaters with a maximum rated heat input or the 

total of all tank-type water heaters less than 4 (four) million 

BTU/hour; 

(20) All fuel burning boilers, steam generators, water heaters, spa 

heaters, pool heaters with an individual maximum rated heat input 

of less than 1 (one) million BTU/hour and that have an aggregate 

total < 10 (ten) million BTU/hour; 

(21) Wood sawing, with cyclone or baghouse control; 

(22) Wood chipping/shredding where no soil or wallboard remains on 

the wood; 

(23) Emergency standby generator, emergency fire pumps, and 

stationary internal combustion engine with a rating < 35hp or < 

26kw; 

(24) Gasoline storage tank with capacity < 500 gallons; and 

(25) Stationary tank, reservoir, or other container <= 40,000 gallons 

containing petroleum product with vapor pressure < 1.5 PSIA 

@STP equipment. 

(d) Categorically Exempt STATIONARY SOURCES: 

5-7
(1) Containing only natural gas fuel burning equipment with an 

aggregate maximum rated heat input less than 4 (four) million 

BTU/hour (e.g., boilers, water heaters, dryers, etc.), which includes 

units with less than a 1 (one) million BTU/hour maximum rated heat 

input; 

(2) Containing only 1 (one) emergency generator or fire pump powered 

by an internal combustion engine of less than 500 (five hundred) hp 

and tested less than 150 (one hundred fifty) hours per year; and 

(3) Containing only 1 (one) cooling tower circulating less than 1,000 

(one thousand) gallons per minute, provided it is equipped with drift 

eliminators. 

12.1.4 Information to be submitted with an application for AUTHORITY TO 

CONSTRUCT (ATC): 

12.1.4.1 To comply with the pre-construction application requirements, the applicant shall 

submit the following information: 

(a) Landowners' name, address and phone number; 

(b) STATIONARY SOURCE owners' name, address and phone number; 

(c) Plant manager's name, address and phone number; 

(d) STATIONARY SOURCE location map with a legal description of the 

proposed site location, including the property boundaries; 

(e) STATIONARY SOURCE site map identifying all buildings or structures on 

the site; 

(f) A general flow diagram identifying all processes located at the 

STATIONARY SOURCE; 

(g) A complete detailed flow diagram of each process at the STATIONARY 

SOURCE listing all EMISSION UNITs associated with the process; 

(h) Location of nearest residence and distance from the proposed 

STATIONARY SOURCE; 

(i) Zoning approved by local municipality, or a copy of a currently approved 

zoning map; 

(j) Copy of application for Use Permit, or decision of the zoning authority; 

(k) Any new PM10 or CO MAJOR STATIONARY SOURCE proposing to locate 

in the NONATTAINMENT AREA, or any existing PM10 or CO MAJOR 

STATIONARY SOURCE located in the NONATTAINMENT AREA that 

proposes a Major PM10 or Major CO MODIFICATION, shall perform an 

analysis of alternative sites, sizes, production processes, fuel burned, and 

EMISSION control techniques that demonstrate that the benefits of the 

proposed source significantly outweigh the environmental and social costs 

5-8
imposed as a result of its location, construction, or MODIFICATION. The

required analysis shall be based on EPA guidance or applicable 

regulations; 

(l) Identification of all REGULATED AIR POLLUTANTs emitted from each 

EMISSION UNIT; 

(m) Brief general description of the new STATIONARY SOURCE or 

MODIFICATION; 

(n) Complete description of all processes by Standard Industrial Classification 

(SIC); 

(o) Complete description of all EMISSION UNITs by Source Classification 

Code (SCC); 

(p) Type of fuel utilized in each EMISSION UNIT (if applicable); 

(q) Estimate of total annual fuel usage from all non-road engines (gasoline and 

diesel); such information may be used by the Clark County Department of 

Air Quality and Environmental Management for modeling and EMISSION 

inventory purposes, but shall not be included as a condition in the 

AUTHORITY TO CONSTRUCT; 

(r) Maximum POTENTIAL TO EMIT of all REGULATED AIR POLLUTANTS 

for each EMISSIONS UNIT in (lbs/hr, lbs/day, and ton(s)/yr); 

(s) Maximum POTENTIAL TO EMIT EMISSIONS of all REGULATED AIR 

POLLUTANTS for each non-road engine utilized within a permitted facility 

in (lbs/hr, lbs/day, and ton(s)/yr). Such EMISSIONS may be used by the 

Clark County Department of Air Quality and Environmental Management 

for modeling and EMISSION inventory purposes and shall not be included 

in the facility POTENTIAL TO EMIT; 

(t) Stack data: location, height above grade, diameter (I.D. or effective), 

exhaust gases, flow rate (ACFM), and temperature; 

(u) Maximum rated design production capacity; 

(v) Expected production capacity; 

(w) Schedule of operation (hrs/day)(days/wk)(wks/yr); 

(x) Description of air pollution control equipment, for each EMISSION UNIT; 

(y) Analysis of compliance with requirements for BEST AVAILABLE 

CONTROL TECHNOLOGY, LOWEST ACHIEVABLE EMISSION RATE, 

MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY, as applicable; 

(z) Pre-construction measurements of existing air quality, as required by other 

subsections of Section 12; 

(aa) Results of modeling for each REGULATED AIR POLLUTANT, (if 

applicable); 

5-9
(bb) Description of post construction ambient air monitoring systems for each 

REGULATED AIR POLLUTANT, (if applicable); 

(cc) Description and general specifications of continuous EMISSIONS 

monitoring systems for each REGULATED AIR POLLUTANT, (if 

applicable); 

(dd) Additional impact analysis of soils, visibility, vegetation, secondary air 

quality as required by other subsections of Section 12; 

(ee) Anticipated construction schedule including the estimated initial startup 

date; 

(ff) Statement of statewide compliance of existing facilities operated by 

applicant; 

(gg) General information on the air pollution control equipment installed on 

similar EMISSION UNITs at similar facilities owned or operated by the 

applicant, applicable to sources subject to public notice requirements; and 

(hh) Payment of all applicable fees pursuant to Section 18 of the Air Quality 

Regulations. 

12.1.4.2 Upon written request of the CONTROL OFFICER, the applicant shall provide any 

additional information necessary for the CONTROL OFFICER to ascertain 

compliance with any of the Air Quality Regulations. 

12.1.4.3 Each application shall be signed by the RESPONSIBLE OFFICIAL or delegated 

representative. When required by the CONTROL OFFICER, the information 

submitted shall be certified by a licensed professional engineer for its accuracy. 

12.1.4.4 An application for AUTHORITY TO CONSTRUCT may be deemed incomplete if 

the submitted information is incorrect, inaccurate, or missing. 

12.1.5 AUTHORITY TO CONSTRUCT Completeness Determination 

12.1.5.1 Completeness of an application for AUTHORITY TO CONSTRUCT shall be 

determined on the satisfactory demonstration of compliance with all the application 

requirements listed in subsection 12.1.4. 

12.1.5.2 The processing deadline for each ATC application shall be established pursuant to 

subsection 12.3. 

12.1.5.3 If the CONTROL OFFICER, after deeming an ATC application complete, should 

discover incorrect, inaccurate, and/or missing information from the ATC 

application, then, such ATC application may be redesignated incomplete and 

additional information may be requested to determine compliance with the 

Regulations. Based on additions, modifications, and/or deletions from the ATC 

Application, the source may be subject to additional NSR (New Source Review 

and/or PSD) Application Review Fees. 

5-10
12.1.6 Total POTENTIAL TO EMIT: 

12.1.6.1 Based upon the information supplied by the applicant, the CONTROL OFFICER 

will calculate the total POTENTIAL TO EMIT by adding the POTENTIAL TO EMIT 

of each proposed EMISSION UNIT, which shall include all FUGITIVE 

EMISSIONS. In addition, the total POTENTIAL TO EMIT shall include potential 

emissions from all categorically exempt activities and categorically exempt 

STATIONARY SOURCES as defined in Subsection 12.1.3. The potential 

EMISSIONS from these EMISSION UNITS shall be included in the determination 

of whether a STATIONARY SOURCE is a MAJOR STATIONARY SOURCE, 

except for the potential EMISSIONS from motor vehicles and special mobile 

equipment, residential and commercial housekeeping vacuum systems, and 

agricultural land use. 

12.1.6.2 The total POTENTIAL TO EMIT for the STATIONARY SOURCE will be used by 

the CONTROL OFFICER to determine all NSR (New Source Review and/or PSD) 

Application Review fees pursuant to Sections 12 and 18. 

12.1.6.3 The total POTENTIAL TO EMIT for each EMISSION UNIT shall be included in the 

conditions of the AUTHORITY TO CONSTRUCT CERTIFICATE and in the 

enforceable conditions of the OPERATING PERMIT. 

12.1.6.4 For any STATIONARY SOURCE, the total POTENTIAL TO EMIT for each 

REGULATED AIR POLLUTANT shall be included in the conditions of the 

AUTHORITY TO CONSTRUCT CERTIFICATE and in the enforceable conditions 

of the OPERATING PERMIT. 

12.2 Requirements for Specific Air Pollutants: 

In addition to the requirements of Sections 13, 14 and 20 of the Air Quality Regulations, 

the following air pollutant specific requirements shall apply: 

12.2.1 PM10 Non-Major Sources in the Serious NONATTAINMENT AREA: 

12.2.1.1 Subsection 12.2.1 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in an AIR QUALITY AREA that 

is in a serious PM10 NONATTAINMENT AREA with a proposed total 

annual PM10 POTENTIAL TO EMIT less than seventy (70) tons per year, 

and 

(b) any proposed MODIFICATION to a STATIONARY SOURCE located in an 

AIR QUALITY AREA that is in a serious PM10 NONATTAINMENT AREA 

with a proposed total annual PM10 POTENTIAL TO EMIT less than seventy 

(70) tons per year. 

(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.1.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

5-11
12.2.1.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

NON-MAJOR STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal 

to or exceeding fifteen (15) tons per year or any NON-MAJOR STATIONARY 

SOURCE proposing MODIFICATION that results in a PM10 NET EMISSIONS 

INCREASE from all EMISSION UNITS, including FUGITIVE EMISSIONS, that is 

equal to or exceeding fifteen (15) tons per year. 

12.2.1.4 OFFSET requirements are found in Section 59. 

12.2.1.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.1.5 (b) and 12.6.2. 

(2) Any MODIFYING STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITS at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.1.5 (b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.1.5(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The owner or operator of the STATIONARY SOURCE shall install 

and operate a continuous Automated Particle Sampler (i.e. Beta 

Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 

CFR, Part 53. Siting of the monitoring system must be approved by 

the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

5-12
(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(3) The Post Construction monitoring shall commence within thirty (30) 

days of the ACTUAL INITIAL START-UP DATE. 

12.2.2 PM10 Major Sources in the Serious NONATTAINMENT AREA: 

12.2.2.1 Subsection 12.2.2 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in an AIR QUALITY AREA that 

is in a serious PM10 NONATTAINMENT AREA with a proposed total annual 

PM10 POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per 

year, and 

(b) any proposed MODIFICATION to any STATIONARY SOURCE located in

an AIR QUALITY AREA that is in a serious PM10 NONATTAINMENT AREA 

with a proposed total annual PM10 POTENTIAL TO EMIT equal to or 

exceeding seventy (70) tons per year. 

(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.2.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.2.3 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) any new Major PM10 STATIONARY SOURCE, 

(b) any existing Non-Major PM10 STATIONARY SOURCE proposing 

MODIFICATION with a PM10 NET EMISSIONS INCREASE equal to or 

exceeding fifteen (15) tons per year that results in a total PM10 POTENTIAL 

TO EMIT which is equal to or exceeding the EMISSIONS threshold of a 

Major PM10 STATIONARY SOURCE, and 

(c) any existing Major PM10 STATIONARY SOURCE proposing 

MODIFICATION that results in a PM10 NET EMISSIONS INCREASE equal 

to or exceeding fifteen (15) tons per year. 

12.2.2.4 OFFSET requirements are found in Section 59. 

12.2.2.5 Post Construction Ambient Air Monitoring Requirements for AUTHORITY TO 

CONSTRUCT CERTIFICATEs issued after October 1, 1993: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

5-13
such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.2.5(b) and 12.6.2. 

(2) Any Modifying STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITs at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.2.5(b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.2.5(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The OWNER OR OPERATOR of the STATIONARY SOURCE shall 

install and operate a continuous Automated Particle Sampler (i.e. 

Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 

40 CFR, Part 53. Siting of the monitoring system must be approved 

by the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(3) The Post Construction monitoring shall commence within thirty (30) 

days of the Actual Initial Start-up Date. 

12.2.3 PM10 Non-Major Sources in the PM10 MANAGEMENT AREAS: 

12.2.3.1 Subsection 12.2.3 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in the PM10 MANAGEMENT 

AREA with a proposed total annual PM10 POTENTIAL TO EMIT less than 

seventy (70) tons per year, and 

(b) any proposed MODIFICATION to a NON-MAJOR STATIONARY SOURCE 

located in the PM10 MANAGEMENT AREA with a proposed total annual 

PM10 POTENTIAL TO EMIT less than seventy (70) tons per year. 

5-14
(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.3.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.3.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or exceeding 

fifteen (15) tons per year or any STATIONARY SOURCE proposing 

MODIFICATION that results in a PM10 NET EMISSIONS INCREASE from all 

EMISSION UNITS that is equal to or exceeding fifteen (15) tons per year. 

12.2.3.4 Post Construction Ambient Air Monitoring Requirements: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.3.4(b) and 12.6.2. 

(2) Any MODIFYING STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITS at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.3.4(b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.3.4(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The OWNER OR OPERATOR of the STATIONARY SOURCE shall 

install and operate a continuous Automated Particle Sampler (i.e. 

Beta Attenuation, TEOM, or EPA approved equivalent) pursuant to 

40 CFR, Part 53. Siting of the monitoring system must be approved 

5-15
by the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(3) The Post Construction monitoring shall commence within thirty (30) 

days of the ACTUAL INITIAL START-UP DATE. 

12.2.3.5 Growth Allowance for PM10 

(a) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the following maximum allowable increases over the 

BASELINE CONCENTRATION in any BASELINE AREA: 

PM10 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 17

24-Hour Maximum 30

The following shall be excluded in determining compliance with the 

maximum allowable increase: concentrations of PARTICULATE MATTER 

attributable to the increase in EMISSIONS from CONSTRUCTION or other 

temporary EMISSION-related activities of new or modified sources. 

(b) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the air quality standards for PM10 listed in Section 11 

of these Air Quality Regulations. 

(c) The CONTROL OFFICER shall maintain a record of increment consuming 

sources for all PSD AREAS and MANAGEMENT AREAS in Clark County. 

(d) The CONTROL OFFICER shall disapprove any application and deny 

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated 

increment consumption in 12.2.3.5(a) exceeds the maximum allowable 

increase, or if the cumulative modeled impact exceeds the air quality 

standards in Section 11 of these Air Quality Regulations. 

12.2.4 PM10 Major Sources in the PM10 MANAGEMENT AREAS: 

12.2.4.1 Subsection 12.2.4 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in ELDORADO VALLEY with a 

proposed total annual PM10 POTENTIAL TO EMIT equal to or exceeding 

seventy (70) tons per year, and 

5-16
(b) any proposed MODIFICATION to a NON-MAJOR STATIONARY SOURCE 

located in ELDORADO VALLEY with a proposed total annual PM10

POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year. 

(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.4.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.4.3 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) any new Major PM10 STATIONARY SOURCE, 

(b) any existing Non-Major PM10 STATIONARY SOURCE proposing 

MODIFICATION with a PM10 NET EMISSIONS INCREASE equal to or 

exceeding fifteen (15) tons per year that results in a total PM10 POTENTIAL 

TO EMIT which is equal to or exceeds the EMISSIONS threshold of a 

Major PM10 STATIONARY SOURCE, and 

(c) any existing Major PM10 STATIONARY SOURCE proposing 

MODIFICATION that results in a PM10 NET EMISSIONS INCREASE equal 

to or exceeding fifteen (15) tons per year. 

12.2.4.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT 

equal to or exceeding one hundred (100) tons per year or any 

STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year proposing MODIFICATION 

that results in a PM10 NET EMISSIONS INCREASE equal to or exceeding 

fifteen (15) tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY TO 

CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement: 

(1) Any new or modifying STATIONARY SOURCE that models 

(performed pursuant to Subsection 12.5) an air quality impact equal 

to or exceeding the significance concentration (listed in Subsection 

12.5, Table 12-1) shall provide preconstruction monitoring for PM10

pursuant to Subsection 12.6. 

(2) If ambient air monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be 

used in lieu of preconstruction onsite monitoring. If such data is not 

representative or unavailable, then the owner or operator of the 

STATIONARY SOURCE shall install and operate an Automated 

Particle Sampler listed as a 40 CFR, Part 53, Equivalent Method. 

Siting of the monitoring system must be approved by the 

CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

5-17
12.2.4.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.4.5(b) and 12.6.2. 

(2) Any MODIFYING STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITS at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.4.5(b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.4.5(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The owner or operator of the STATIONARY SOURCE shall install 

and operate a continuous Automated Particle Sampler (i.e. Beta 

Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 

CFR, Part 53. Siting of the monitoring system must be approved by 

the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(c) The Post Construction monitoring shall commence within thirty (30) days of 

the ACTUAL INITIAL START-UP DATE. 

12.2.4.6 Growth Allowance for PM10

(a) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

5-18
existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the following maximum allowable increases over the 

BASELINE CONCENTRATION in any BASELINE AREA: 

PM10 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 17

24-Hour Maximum 30

The following shall be excluded in determining compliance with the 

maximum allowable increase: concentrations of PARTICULATE MATTER 

attributable to the increase in EMISSIONS from CONSTRUCTION or other 

temporary EMISSION-related activities of new or modified sources. 

(b) For STATIONARY SOURCES impacting a Class I area as determined 

pursuant to Subsection 12.2.4.8, the allowable EMISSION increases from 

the proposed source or MODIFICATION, in conjunction with all other 

applicable EMISSIONS from existing sources (including SECONDARY 

EMISSIONS associated with the proposed source or MODIFICATION), 

shall not cause or contribute to air pollution in violation of the following 

maximum allowable increases over the BASELINE CONCENTRATION in 

the Class I area: 

PM10 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 4

24-Hour Maximum 8

(c) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the air quality standards for PM10 listed in Section 11 

of these Air Quality Regulations. 

(d) The CONTROL OFFICER shall maintain a record of increment consuming 

sources for all PSD AREAS and MANAGEMENT AREAS in Clark County. 

(e) The CONTROL OFFICER shall disapprove any application and deny 

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated 

increment consumption in 12.2.4.6(a) or 12.2.4.6(b) exceeds the maximum 

allowable increase, or if the cumulative modeled impact exceeds the air 

quality standards in Section 11 of these Air Quality Regulations. 

12.2.4.7 Additional Impact Analysis. Any new STATIONARY SOURCE with a PM10

POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or 

any STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year proposing MODIFICATION that 

results in a PM10 NET EMISSIONS INCREASE EQUAL to or exceeding fifteen (15) 

tons per year shall conduct an impact analysis: 

5-19
(a) The owner or operator shall provide an analysis of the impairment to 

visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.4.8 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to 

or exceeding one hundred (100) tons per year that is located within 

sixty-two (62) miles of a Class I area, or any STATIONARY SOURCE 

located in Clark County with a PM10 POTENTIAL TO EMIT equal to or 

exceeding two hundred fifty (250) tons per year shall conduct a Class I area 

analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5) to calculate the maximum increase in Ambient PM10

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY 

SOURCE with a modeled impact equal to or greater than one (1)μg/m

3 

(24-hour average) at or within the property boundary of the Class I area 

shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION, and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.5 PM10 Sources in the PSD AREA: 

12.2.5.1 Subsection 12.2.5 shall apply to any new or MODIFIED STATIONARY SOURCE 

with PM10 EMISSIONS in an AIR QUALITY AREA that is in a PM10 PSD AREA . 

12.2.5.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.5.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or exceeding 

fifteen (15) tons per year or any STATIONARY SOURCE proposing 

5-20
MODIFICATION that results in a PM10 NET EMISSIONS INCREASE FROM all 

EMISSION UNITS that is equal to or exceeding fifteen (15) tons per year. 

12.2.5.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT 

equal to or exceeding one hundred (100) tons per year or any 

STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year proposing MODIFICATION

that results in a PM10 NET EMISSIONS INCREASE equal to or exceeding 

fifteen (15) tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY TO 

CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement: 

(1) Any new or modifying STATIONARY SOURCE that models 

(performed pursuant to Subsection 12.5) an air quality impact equal 

to or exceeding the significance concentration (listed in Subsection 

12.5, Table 12-1) shall provide preconstruction monitoring for PM10

pursuant to Subsection 12.6. 

(2) If ambient air monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be 

used in lieu of preconstruction onsite monitoring. If such data is not 

representative or unavailable, then the owner or operator of the 

STATIONARY SOURCE shall install and operate an Automated 

Particle Sampler listed as a 40 CFR, Part 53, Equivalent Method. 

Siting of the monitoring system must be approved by the 

CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.5.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform post construction monitoring for PM10 pursuant to Subsection 12.6. 

(b) The OWNER OR OPERATOR of the STATIONARY SOURCE shall install 

and operate a continuous Automated Particle Sampler (i.e. Beta 

Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 CFR, Part 

53. Siting of the monitoring system must be approved by the CONTROL 

OFFICER and satisfy monitoring and modeling requirements. 

(c) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for PM10 shall not be subject to the requirements of 12.2.5.5. 

5-21
12.2.5.6 Growth Allowance for PM10

(a) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the following maximum allowable increases over the 

BASELINE CONCENTRATION in any BASELINE AREA: 

PM10 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 17

24-Hour Maximum 30

The following shall be excluded in determining compliance with the 

maximum allowable increase: concentrations of PARTICULATE MATTER 

attributable to the increase in EMISSIONS from CONSTRUCTION or other 

temporary EMISSION-related activities of new or modified sources. 

(b) For STATIONARY SOURCES impacting a Class I area as determined 

pursuant to Subsection 12.2.5.8, the allowable EMISSION increases from 

the proposed source or MODIFICATION, in conjunction with all other 

applicable EMISSIONS from existing sources (including SECONDARY 

EMISSIONS associated with the proposed source or MODIFICATION), 

shall not cause or contribute to air pollution in violation of the following 

maximum allowable increases over the BASELINE CONCENTRATION in 

the Class I area: 

PM10 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 4

24-Hour Maximum 8

(c) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the air quality standards for PM10 listed in Section 11 

of these Air Quality Regulations. 

(d) The CONTROL OFFICER shall maintain a record of increment consuming 

sources for all PSD AREAS and MANAGEMENT AREAS in Clark County. 

(e) The CONTROL OFFICER shall disapprove any application and deny 

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated 

increment consumption in 12.2.5.6(a) or 12.2.5.6(b) exceeds the maximum 

allowable increase, or if the cumulative modeled impact exceeds the air 

quality standards in Section 11 of these Air Quality Regulations. 

12.2.5.7 Additional Impact Analysis. Any new STATIONARY SOURCE with a PM10

POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year or 

5-22
any STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year proposing MODIFICATION that 

results in a PM10 NET EMISSIONS INCREASE EQUAL to or exceeding fifteen (15) 

tons per year shall conduct an impact analysis: 

(a) The owner or operator shall provide an analysis of the impairment to 

visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.5.8 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal to 

or exceeding one hundred (100) tons per year that is located within 

sixty-two (62) miles of a Class I area, or any STATIONARY SOURCE 

located in Clark County with a PM10 POTENTIAL TO EMIT equal to or 

exceeding two hundred fifty (250) tons per year shall conduct a Class I area 

analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5) to calculate the maximum increase in Ambient PM10

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY 

SOURCE with a modeled impact equal to or greater than one (1) μg/m

3 

(24-hour average) at or within the property boundary of the Class I area 

shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.6 CO Non-Major Sources in the Serious NONATTAINMENT AREA: 

12.2.6.1 Subsection 12.2.6 shall apply to the following: 

(a) Any new STATIONARY SOURCE in an AIR QUALITY AREA that is in a 

serious CO NONATTAINMENT AREA with a proposed total annual CO 

POTENTIAL TO EMIT less than seventy (70) tons per year, and 

5-23
(b) any proposed MODIFICATION to a STATIONARY SOURCE in an AIR 

QUALITY AREA that is in a serious CO NONATTAINMENT AREA with a 

proposed total annual CO POTENTIAL TO EMIT less than seventy (70) 

tons per year. 

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the 

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing CO POTENTIAL TO EMIT. 

12.2.6.2 A STATIONARY SOURCE with a CO POTENTIAL TO EMIT exceeding fifty (50) 

tons per year shall not be authorized for construction within the area bounded by 

Washington Avenue on the north, Lamb Boulevard on the east, Tropicana Avenue 

on the south, and Interstate 15 on the west. 

COMMENT: On September 26, 1996, at the direction of the Board of Health, 

any new or Modified Stationary Source with a CO EMISSION increase 

exceeding ten (10) tons per year but less than fifty (50) tons per year in the 

area of applicability shall be required to mitigate such a CO EMISSION 

increase by achieving CO reductions from motor vehicles associated with 

the facility at an offset ratio of 2:1.

12.2.6.3 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which 

are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT). 

12.2.6.4 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

NON-MAJOR STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to 

or exceeding ten (10) tons per year or any NON-MAJOR STATIONARY SOURCE 

proposing MODIFICATION that results in a CO NET EMISSIONS INCREASE from 

all EMISSION Units that is equal to or exceeding ten (10) tons per year. 

12.2.7 CO Major Sources in the Serious NONATTAINMENT AREA: 

12.2.7.1 Subsection 12.2.7 shall apply to the following: 

(a) Any new STATIONARY SOURCE in an AIR QUALITY AREA that is in a 

serious CO NONATTAINMENT AREA with a proposed total annual CO 

POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year, 

and 

(b) any proposed MODIFICATION to any existing STATIONARY SOURCE in 

an AIR QUALITY AREA that is in a serious CO NONATTAINMENT AREA 

with a proposed total annual CO POTENTIAL TO EMIT equal to or 

exceeding seventy (70) tons per year. 

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the 

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing CO POTENTIAL TO EMIT. 

12.2.7.2 A MAJOR CO STATIONARY SOURCE shall not be authorized for construction 

within the area bounded by Washington Avenue on the north, Lamb Boulevard on 

the east, Tropicana Avenue on the south, and Interstate 15 on the west. 

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12.2.7.3 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.7.4 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) Any new MAJOR CO STATIONARY SOURCE, 

(b) any existing non-major CO STATIONARY SOURCE proposing 

MODIFICATION with a CO NET EMISSIONS INCREASE equal to or 

exceeding ten (10) tons per year that results in a total CO POTENTIAL TO 

EMIT which is equal to or exceeds the EMISSIONS threshold of a MAJOR 

CO STATIONARY SOURCE, and 

(c) any existing MAJOR CO STATIONARY SOURCE proposing 

MODIFICATION that results in a CO NET EMISSIONS INCREASE equal 

to or exceeding ten (10) tons per year. 

12.2.7.5 OFFSET requirements are found in Section 59. 

12.2.8 CO Non-Major Sources in the CO MANAGEMENT AREA: 

12.2.8.1 Subsection 12.2.8 shall apply to the following: 

(a) Any new STATIONARY SOURCE with a proposed total annual Carbon 

Monoxide (CO) POTENTIAL TO EMIT less than seventy (70) tons per 

year, and 

(b) any proposed MODIFICATION to an existing NON-MAJOR STATIONARY 

SOURCE with a proposed total annual CO POTENTIAL TO EMIT less than 

seventy (70) tons per year. 

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the 

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing CO POTENTIAL TO EMIT. 

12.2.8.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.8.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding 

ten (10) tons per year or any STATIONARY SOURCE proposing MODIFICATION 

that results in a CO NET EMISSIONS INCREASE from all EMISSION Units that is 

equal to or exceeding ten (10) tons per year. 

12.2.9 CO Major Sources in the CO MANAGEMENT AREAS: 

12.2.9.1 Subsection 12.2.9 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in ELDORADO VALLEY with a 

proposed total annual Carbon Monoxide (CO) POTENTIAL TO EMIT equal 

to or exceeding seventy (70) tons per year, and 

5-25
(b) any proposed MODIFICATION to an existing NON-MAJOR STATIONARY 

SOURCE located in ELDORADO VALLEY with a proposed total annual 

CO POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per 

year. 

(c) The total annual CO POTENTIAL TO EMIT shall mean the addition of the 

CO EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing CO POTENTIAL TO EMIT. 

12.2.9.2 Each new or Modified STATIONARY SOURCE satisfying the applicability criteria 

shall be subject to the CO PSD requirements in subsections 12.2.10.4, 12.2.10.5, 

12.2.10.6 and 12.2.10.7. 

12.2.9.3 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which 

are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.9.4 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) Any new Major CO STATIONARY SOURCE, 

(b) any existing Non-Major CO STATIONARY SOURCE proposing 

MODIFICATION with a CO NET EMISSIONS INCREASE equal to or 

exceeding ten (10) tons per year that results in a total CO POTENTIAL TO 

EMIT which is equal to or exceeds the EMISSIONS threshold of a Major 

CO STATIONARY SOURCE; and 

(c) any existing Major CO STATIONARY SOURCE proposing 

MODIFICATION that results in a CO NET EMISSIONS INCREASE equal 

to or exceeding ten (10) tons per year. 

12.2.10 CO Sources in the PSD AREA: 

12.2.10.1 Subsection 12.2.10 shall apply to any new or Modifying STATIONARY SOURCE 

in an AIR QUALITY AREA that is in a CO PSD AREA with CO EMISSIONS. 

12.2.10.2 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which 

are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT). 

12.2.10.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding 

seventy (70) tons per year or any STATIONARY SOURCE proposing 

MODIFICATION that results in a CO NET EMISSIONS INCREASE from all 

EMISSION Units that is equal to or exceeding seventy (70) tons per year. 

12.2.10.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal 

to or exceeding one hundred (100) tons per year or any STATIONARY 

SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one 

hundred (100) tons per year proposing MODIFICATION that results in a 

CO NET EMISSIONS INCREASE equal to or exceeding one hundred 

(100) tons per year shall perform air quality modeling pursuant to 

5-26
Subsection 12.5 prior to submitting an application for AUTHORITY TO 

CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement. Any new or 

modifying STATIONARY SOURCE that models (performed pursuant to 

Subsection 12.5) an air quality impact equal to or exceeding the 

significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform preconstruction monitoring for CO pursuant to Subsection 12.6. 

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.10.5 Post Construction Ambient Air Monitoring Requirements 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform post construction monitoring for CO pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for CO shall not be subject to the requirements of 12.2.10.5. 

12.2.10.6 Additional Impact Analysis: 

(a) Any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year or any STATIONARY 

SOURCE with a CO POTENTIAL TO EMIT equal to or exceeding one 

hundred (100) tons per year proposing MODIFICATION that results in a 

CO NET EMISSIONS INCREASE equal to or exceeding one hundred 

(100) tons per year shall conduct an impact analysis: 

(1) The OWNER OR OPERATOR shall provide an analysis of the 

impairment to visibility, soils and vegetation that would occur as a 

result of the STATIONARY SOURCE or MODIFICATION and 

general commercial, residential, Industrial, and other growth 

associated with the STATIONARY SOURCE or MODIFICATION. 

(2) 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 STATIONARY SOURCE or MODIFICATION. 

12.2.10.7 Class I Area Analysis 

(a) Any STATIONARY SOURCE with a CO POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year that is located within sixty-two 

(62) miles of a Class I area, or any STATIONARY SOURCE located in 

Clark County with a CO POTENTIAL TO EMIT equal to or exceeding two 

hundred fifty (250) tons per year shall conduct a Class I area analysis. 

5-27
(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5 ) to calculate the maximum increase in Ambient CO 

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or Net EMISSIONS Increase for a STATIONARY 

SOURCE proposing MODIFICATION. Any STATIONARY SOURCE with a 

modeled impact equal to or greater than one (1) microgram per cubic meter 

(μg/m

3

) (24-hour average) at or within the property boundary of the Class I 

area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.11 VOC Non-Major Sources in the VOC MANAGEMENT AREAS: 

VOLATILE ORGANIC COMPOUNDS (VOCs) are a precursor to the formation of 

ground level ozone. Clark County is classified as an attainment area for ozone; 

however, the Las Vegas Valley has maximum ozone levels approaching the 

National Ambient Air Quality Standard (NAAQS). 

12.2.11.1 Subsection 12.2.11 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in the LAS VEGAS VALLEY, 

ELDORADO VALLEY, or IVANPAH VALLEY with a total annual VOC 

POTENTIAL TO EMIT less than fifty (50) tons per year, or 

(b) any proposed MODIFICATION to a NON-MAJOR STATIONARY SOURCE 

located in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH 

VALLEY with a proposed total annual VOC POTENTIAL TO EMIT less 

than fifty (50) tons per year. 

(c) The total annual VOC POTENTIAL TO EMIT shall mean the addition of the 

VOC EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing VOC POTENTIAL TO EMIT. 

12.2.11.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.11.3 Notice of Proposed Action (described in Section 12.3) is required for any new 

NON-MAJOR STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal 

to or exceeding twenty (20) tons per year or any NON-MAJOR STATIONARY 

SOURCE proposing MODIFICATION that results in a VOC NET EMISSIONS 

INCREASE from all EMISSION UNITS that is equal to or exceeding twenty (20) 

tons per year. 

5-28
12.2.12 VOC Major Sources in the VOC MANAGEMENT AREAS: 

VOLATILE ORGANIC COMPOUNDS (VOCs) are a precursor to the formation of 

ground level ozone. Clark County is classified as an attainment area for ozone; 

however, the Las Vegas Valley has maximum ozone levels approaching the 

National Ambient Air Quality Standard (NAAQS). 

12.2.12.1 Subsection 12.2.12 shall apply to the following: 

(a) Any new STATIONARY SOURCE located in the LAS VEGAS VALLEY, 

ELDORADO VALLEY, or IVANPAH VALLEY with a total annual VOC 

POTENTIAL TO EMIT equal to or exceeding fifty (50) tons per year, and 

(b) any proposed MODIFICATION to any STATIONARY SOURCE located in 

the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY 

with a proposed total annual VOC POTENTIAL TO EMIT equal to or 

exceeding fifty (50) tons per year. 

(c) The total annual VOC POTENTIAL TO EMIT shall mean the addition of the 

VOC EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing VOC POTENTIAL TO EMIT. 

12.2.12.2 Each new or MODIFIED STATIONARY SOURCE satisfying the applicability 

criteria shall be subject to the VOC PSD requirements in subsections 12.2.13.4, 

12.2.13.5, 12.2.13.6, and 12.2.13.7. 

12.2.12.3 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.12.4 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) any new Major VOC STATIONARY SOURCE, 

(b) any existing Non-Major VOC STATIONARY SOURCE proposing 

MODIFICATION with a VOC NET EMISSIONS INCREASE equal to or 

exceeding twenty (20) tons per year that results in a total VOC POTENTIAL 

TO EMIT which is equal to or exceeds the EMISSIONS threshold of a 

Major VOC STATIONARY SOURCE, and 

(c) any existing Major VOC STATIONARY SOURCE proposing 

MODIFICATION that results in a VOC NET EMISSIONS INCREASE equal 

to or exceeding twenty (20) tons per year. 

12.2.13 VOC Sources in PSD AREA: 

12.2.13.1 Subsection 12.2.13 shall apply to any new or Modified STATIONARY SOURCE in 

an AIR QUALITY AREA that is in a VOC PSD AREA with VOC EMISSIONS. 

12.2.13.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

5-29
12.2.13.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding 

forty (40) tons per year or any STATIONARY SOURCE proposing 

MODIFICATION that results in a VOC NET EMISSIONS INCREASE from all 

EMISSION UNITs that is equal to or exceeding forty (40) tons per year. 

12.2.13.4 Pre-application Requirements: 

(a) Preconstruction ambient air monitoring requirement: 

(1) Any new STATIONARY SOURCE with a VOC POTENTIAL TO 

EMIT equal to or exceeding one hundred (100) tons per year or any 

Major VOC STATIONARY SOURCE proposing MODIFICATION 

that results in a VOC NET EMISSIONS INCREASE from all 

EMISSION UNITs that is equal to or exceeding one hundred (100) 

tons per year shall perform preconstruction monitoring for O3 

pursuant to Subsection 12.6. 

(2) If AMBIENT AIR monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be 

used in lieu of preconstruction onsite monitoring. 

(b) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.13.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal 

to or exceeding one hundred (100) tons per year or any Major VOC 

STATIONARY SOURCE proposing MODIFICATION that results in a VOC 

NET EMISSIONS INCREASE from all EMISSION UNITs that is equal to or 

exceeding one hundred (100) tons per year shall perform post construction 

monitoring for O3 pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for O3 shall not be subject to the requirements of 12.2.13.5. 

12.2.13.6 Additional Impact Analysis: 

(a) Any STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to 

or exceeding one hundred (100) tons per year or a VOC STATIONARY 

SOURCE with a VOC POTENTIAL TO EMIT equal to or exceeding one 

hundred (100) tons per year proposing MODIFICATION that results in a 

VOC NET EMISSIONS INCREASE equal to or exceeding forty (40) tons 

per year shall conduct an impact analysis: 

(1) The OWNER OR OPERATOR shall provide an analysis of the 

impairment to visibility, soils and vegetation that would occur as a

result of the STATIONARY SOURCE or MODIFICATION and 

5-30
general commercial, residential, industrial, and other growth 

associated with the STATIONARY SOURCE or MODIFICATION. 

(2) 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 STATIONARY SOURCE or MODIFICATION. 

12.2.13.7 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a VOC POTENTIAL TO EMIT equal to 

or exceeding one hundred (100) tons per year that is located within 

sixty-two (62) miles of a Class I area, or any STATIONARY SOURCE 

located in Clark County with a VOC POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year shall conduct a Class I area 

analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5 ) to calculate the maximum increase in Ambient VOC 

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY 

SOURCE with a modeled impact equal to or greater than one (1) 

microgram per cubic meter (μg/m

3

) (24-hour average) at or within the 

property boundary of the Class I area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.14 NOx Sources in the NOx MANAGEMENT AREAS. Oxides of Nitrogen (NOx) are 

a precursor to the formation of ground level ozone. Clark County is classified as 

an attainment area for ozone; however, the LAS VEGAS VALLEY has maximum 

ozone levels approaching the National Ambient Air Quality Standard (NAAQS). 

12.2.14.1 Subsection 12.2.14 shall apply to any new or Modified STATIONARY SOURCE 

located in the LAS VEGAS VALLEY, ELDORADO VALLEY, or IVANPAH VALLEY 

with Nitrogen Oxides (NOx) EMISSIONS. 

12.2.14.2 Special Restriction: Any STATIONARY SOURCE with a NOx POTENTIAL TO 

EMIT exceeding fifty (50) tons per year shall not be authorized for construction 

within the area bounded by Washington Avenue on the north, Lamb Boulevard on 

the east, Tropicana Avenue on the south, and Interstate 15 on the west. 

(a) For any new or MODIFIED STATIONARY SOURCE of NOx, which 

receives an AUTHORITY TO CONSTRUCT after July 1, 1991, the total 

5-31
accumulated NOx NET EMISSIONS INCREASE from all EMISSION 

UNITS within such STATIONARY SOURCE shall not exceed fifty (50) tons 

per year. 

(b) The total accumulated NOx NET EMISSIONS INCREASE (NEI) shall mean 

the accumulation of all NOx NEIs occurring after July 1, 1991. The 

POTENTIAL TO EMIT, related to the accumulation of such NEIs for an 

affected STATIONARY SOURCE, shall not exceed a lifetime limit of fifty 

(50) tons per year. 

(c) EXCEPTION: Any new or MODIFYING STATIONARY SOURCE may 

exceed a total accumulated NOx NET EMISSIONS INCREASE of fifty (50) 

tons per year from all EMISSION UNITS within such STATIONARY 

SOURCE after July 1, 1991, if such NOx NET EMISSIONS INCREASE is 

offset with an approved Section 58 EMISSION REDUCTION CREDIT at a 

ratio of 1.2 to 1. 

12.2.14.3 Each new or Modified STATIONARY SOURCE satisfying the applicability criteria 

shall be subject to the NOx PSD requirements in subsections 12.2.15.4, 12.2.15.5, 

12.2.15.6, 12.2.15.7, and 12.2.15.8. 

12.2.14.4 Each new or Modified EMISSION Unit shall incorporate EMISSION controls which 

are designed for the BEST AVAILABLE CONTROL TECHNOLOGY (BACT). 

12.2.14.5 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a NOx POTENTIAL TO EMIT equal to or exceeding 

twenty (20) tons per year or any STATIONARY SOURCE proposing 

MODIFICATION that results in a NOx NET EMISSIONS INCREASE from all 

EMISSION UNITS that is equal to or exceeding twenty (20) tons per year. 

12.2.15 NOx Sources in PSD AREA: 

12.2.15.1 Subsection 12.2.15 shall apply to any new or Modified STATIONARY SOURCE 

located in an AIR QUALITY AREA that is in a NOx PSD AREA with NOx

EMISSIONS. 

12.2.15.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.15.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a NOx POTENTIAL TO EMIT equal to or exceeding 

forty (40) tons per year or any STATIONARY SOURCE proposing 

MODIFICATION that results in a NOx NET EMISSIONS INCREASE from all 

EMISSION UNITs that is equal to or exceeding forty (40) tons per year. 

12.2.15.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a NOx POTENTIAL TO EMIT equal 

to or exceeding one hundred (100) tons per year or any STATIONARY 

SOURCE with a NOx POTENTIAL TO EMIT equal to or exceeding one 

hundred (100) tons per year proposing MODIFICATION that results in a 

NOx NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per 

5-32
year shall perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement: 

(1) Any new or modifying STATIONARY SOURCE that models 

(performed pursuant to Subsection 12.5) an air quality impact equal 

to or exceeding the significance concentration (listed in Subsection 

12.5, Table 12-1) shall provide preconstruction monitoring for NO2

pursuant to Subsection 12.6. 

(2) If ambient air monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be 

used in lieu of preconstruction onsite monitoring. 

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.15.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform post construction monitoring for NO2 pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for NO2 shall not be subject to the requirements of Subsection 

12.2.15.5. 

12.2.15.6 Growth Allowance for Nitrogen Dioxide 

(a) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the following maximum allowable increases over the 

BASELINE CONCENTRATION in any BASELINE AREA: 

NO2 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 25

(b) For STATIONARY SOURCES impacting a Class I area as determined 

pursuant to Subsection 12.2.15.8, the allowable EMISSION increases from 

the proposed source or MODIFICATION, in conjunction with all other 

applicable EMISSIONS from existing sources (including SECONDARY 

EMISSIONS associated with the proposed source or MODIFICATION), 

shall not cause or contribute to air pollution in violation of the following 

5-33
maximum allowable increases over the BASELINE CONCENTRATION in 

the Class I area: 

NO2 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 2.5

(c) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the air quality standards for NO2 listed in Section 11 

of these Air Quality Regulations. 

(d) The CONTROL OFFICER shall maintain a record of increment consuming 

sources for all PSD AREAS and MANAGEMENT AREAS in Clark County. 

(e) The CONTROL OFFICER shall disapprove any application and deny 

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated 

increment consumption in 12.2.15.6(a) or 12.2.15.6(b) exceeds the 

maximum allowable increase, or if the cumulative modeled impact exceeds 

the air quality standards in Section 11 of these Air Quality Regulations. 

12.2.15.7 Additional Impact Analysis. Any STATIONARY SOURCE with a NOx POTENTIAL 

TO EMIT equal to or exceeding one hundred (100) tons per year or a 

STATIONARY SOURCE with a NOx POTENTIAL TO EMIT equal to or exceeding 

one hundred (100) tons per year proposing MODIFICATION that results in NOx

NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per year shall 

conduct an impact analysis: 

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment 

to visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.15.8 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a NOx POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year that is located within sixty two 

(62) miles of a Class I area or any STATIONARY SOURCE located in Clark 

County with a NOx POTENTIAL TO EMIT equal to or exceeding two 

hundred fifty (250) tons per year shall conduct a Class I area analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5) to calculate the maximum increase in Ambient NOx

concentration resulting from the: POTENTIAL TO EMIT for a new 

5-34
STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY 

SOURCE with a modeled impact equal to or greater than one (1) 

microgram per cubic meter (μg/m

3

) (24-hour average) at or within the 

property boundary of the Class I area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.16 SO2 Sources in PSD AREA: 

12.2.16.1 Subsection 12.2.16 shall apply to any new or Modified STATIONARY SOURCE in 

an AIR QUALITY AREA that is in a SO2 PSD AREA with SO2 EMISSIONS. 

12.2.16.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.16.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a SO2 POTENTIAL TO EMIT equal to or exceeding 

forty (40) tons per year and any STATIONARY SOURCE proposing 

MODIFICATION that results in a SO2 NET EMISSIONS INCREASE from all 

EMISSION UNITS that is equal to or exceeding forty (40) tons per year. 

12.2.16.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a SO2 POTENTIAL TO EMIT equal 

to or exceeding one hundred (100) tons per year or any STATIONARY 

SOURCE with a SO2 POTENTIAL TO EMIT equal to or exceeding one 

hundred (100) tons per year proposing MODIFICATION that results in a 

SO2 NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per 

year shall perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement: 

(1) Any new or modifying STATIONARY SOURCE that models 

(performed pursuant to Subsection 12.5) an air quality impact equal 

to or exceeding the significance concentration (listed in Subsection 

12.5, Table 12-1) shall provide preconstruction monitoring for SO2

pursuant to Subsection 12.6. 

(2) If ambient air monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be 

used in lieu of preconstruction onsite monitoring. 

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(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.16.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

conduct post construction monitoring for SO2 pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction SO2 ambient air 

monitoring for SO2 shall not be subject to the requirements of 12.2.16.5. 

12.2.16.6 Growth Allowance for Sulfur Dioxide 

(a) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

pollution in violation of the following maximum allowable increases over the 

BASELINE CONCENTRATION in any BASELINE AREA: 

SO2 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 20

24-Hour Maximum 91

3-Hour Maximum 512

(b) For STATIONARY SOURCES impacting a Class I area as determined 

pursuant to Subsection 12.2.16.8, the allowable EMISSION increases from 

the proposed source or MODIFICATION, in conjunction with all other 

applicable EMISSIONS from existing sources (including SECONDARY 

EMISSIONS associated with the proposed source or MODIFICATION), 

shall not cause or contribute to air pollution in violation of the following 

maximum allowable increases over the BASELINE CONCENTRATION in 

the Class I area: 

SO2 Class II Increment

Time Period Maximum Allowable Increase (μg/m3)

Annual Arithmetic Mean 2

24-Hour Maximum 5

3-Hour Maximum 25

(c) The allowable EMISSION increases from the proposed source or 

MODIFICATION, in conjunction with all other applicable EMISSIONS from 

existing sources (including SECONDARY EMISSIONS associated with the 

proposed source or MODIFICATION), shall not cause or contribute to air 

5-36
pollution in violation of the air quality standards for SO2 listed in Section 11 

of these Air Quality Regulations. 

(d) The CONTROL OFFICER shall maintain a record of increment consuming 

sources for all PSD AREAS and MANAGEMENT AREAS in Clark County. 

(e) The CONTROL OFFICER shall disapprove any application and deny 

issuance of an AUTHORITY TO CONSTRUCT if the cumulative estimated 

increment consumption in 12.2.16.6(a) or 12.2.16.6(b) exceeds the 

maximum allowable increase, or if the cumulative modeled impact exceeds 

the air quality standards in Section 11 of these Air Quality Regulations. 

12.2.16.7 Additional Impact Analysis. Any STATIONARY SOURCE with a SO2 POTENTIAL 

TO EMIT equal to or exceeding one hundred (100) tons per year or a 

STATIONARY SOURCE with a SO2 POTENTIAL TO EMIT equal to or exceeding 

one hundred (100) tons per year proposing MODIFICATION that results in a SO2

NET EMISSIONS INCREASE equal to or exceeding forty (40) tons per year shall 

conduct an impact analysis: 

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment 

to visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.16.8 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a SO2 POTENTIAL TO EMIT equal to or 

exceeding one hundred (100) tons per year that is located within sixty two 

(62) miles of a Class I area or any STATIONARY SOURCE located in Clark 

County with a SO2 POTENTIAL TO EMIT equal to or exceeding two 

hundred fifty (250) tons per year shall conduct a Class I area analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5) to calculate the maximum increase in Ambient SO2

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. Any STATIONARY 

SOURCE with a modeled impact equal to or greater than one (1) 

microgram per cubic meter (μg/m

3

) (24-hour average) at or within the 

property boundary of the Class I area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

5-37
(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.17 Pb Sources in PSD AREA: 

12.2.17.1 Subsection 12.2.17 shall apply to any new or Modified STATIONARY SOURCE 

located in an AIR QUALITY AREA that is in a Pb PSD AREA with Pb EMISSIONS. 

12.2.17.2 Each new or Modified EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY. 

12.2.17.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceeding 

three tenths (0.3) of a ton per year and any STATIONARY SOURCE proposing 

MODIFICATION that results in a Pb NET EMISSIONS INCREASE from all 

EMISSION UNITs that is equal to or exceeding three tenths (0.3) of a ton per year. 

12.2.17.4 Pre-application Requirements: 

(a) Any new STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal 

to or exceeding six tenths (0.6) of a ton per year or any Major Pb 

STATIONARY SOURCE proposing MODIFICATION that results in a Pb 

NET EMISSIONS INCREASE equal to or exceeding six tenths (0.6) of a 

ton per year shall perform air quality modeling pursuant to Subsection 12.5 

prior to submitting an application for AUTHORITY TO CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement. Any new or 

modifying STATIONARY SOURCE that models (performed pursuant to 

Subsection 12.5) an air quality impact equal to or exceeding the 

significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform preconstruction monitoring for Pb pursuant to Subsection 12.6.

(c) A STATIONARY SOURCE shall not be issued an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, if modeling results of the 

STATIONARY SOURCE exceed the National Ambient Air Quality 

Standard (NAAQS). 

12.2.17.5 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform post construction monitoring for Pb pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for Pb shall not be subject to the requirements of 12.2.17.5. 

12.2.17.6 Additional Impact Analysis. Any STATIONARY SOURCE with a Pb POTENTIAL 

TO EMIT equal to or exceeding six tenths (0.6) of a ton per year or a 

STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or exceeding 

5-38
six tenths (0.6) of a ton per year proposing MODIFICATION that results in a Pb 

NET EMISSIONS INCREASE equal to or exceeding six tenths (0.6) of a ton per 

year shall conduct an impact analysis: 

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment 

to visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.17.7 Class I Area Analysis: 

(a) Any STATIONARY SOURCE with a Pb POTENTIAL TO EMIT equal to or 

exceeding six tenths (0.6) of a ton per year that is located within sixty-two 

(62) miles of a Class I area or any STATIONARY SOURCE located in Clark 

County with a Pb POTENTIAL TO EMIT equal to or exceeding six tenths 

(0.6) of a ton per year shall conduct a Class I area analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5 ) to calculate the maximum increase in Ambient lead 

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. 

(c) Any STATIONARY SOURCE with a modeled impact equal to or greater 

than one (1) microgram per cubic meter (μg/m

3

) (24-hour average) at or 

within the property boundary of the Class I area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.18 HAP Sources in Clark County: 

12.2.18.1 The applicability of Subsection 12.2.18 shall be limited to any STATIONARY 

SOURCE subject to the requirements of Section 20 of the Regulations, or any 

STATIONARY SOURCE with EMISSIONS of HAZARDOUS AIR POLLUTANTS 

(HAPs) that are not subject to the PM10, VOC, or TCS requirements of the 

Regulations and shall apply to the following: 

5-39
(a) Any new STATIONARY SOURCE located in Clark County which emits or 

has a POTENTIAL TO EMIT equal to or exceeding, ten (10) tons per year 

for any HAZARDOUS AIR POLLUTANT (HAP), or twenty-five (25) tons per 

year for any combination of HAPs, as defined in Section 0; and 

(b) any MODIFIED HAP STATIONARY SOURCE located in Clark County 

which has a NET EMISSIONS INCREASE equal to or exceeding ten (10) 

tons per year for any HAZARDOUS AIR POLLUTANT (HAP), or 

twenty-five (25) tons per year for any combination of HAPs as defined in 

Section 0. 

12.2.18.2 EMISSION Control Requirements: 

(a) For any STATIONARY SOURCE not subject to the requirements of 

Section 20 of the Air Quality Regulations and/or National EMISSION 

Standards for Hazardous Air Pollutants promulgated under section 112 of 

the ACT: 

(1) each new or MODIFIED EMISSION UNIT that does not represent 

an imminent or substantial danger, as determined by the 

CONTROL OFFICER, may incorporate no control; and 

(2) each new or MODIFIED EMISSION UNIT that does represent an 

imminent or substantial danger, as determined by the CONTROL 

OFFICER, the EMISSION controls shall be, at a minimum, 

designed for the BEST AVAILABLE CONTROL TECHNOLOGY. 

(b) For any STATIONARY SOURCE subject to the requirements of Section 20 

of the Air Quality Regulations each new or MODIFIED EMISSION UNIT 

shall be subject to the applicable standard listed in Section 20. 

12.2.18.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

STATIONARY SOURCE with a POTENTIAL TO EMIT equal to or exceeding ten 

(10) tons per year for all HAPs or any STATIONARY SOURCE proposing 

MODIFICATION that results in a NET EMISSIONS INCREASE from all EMISSION 

UNITS that is equal to or exceeding ten (10) tons per year for all HAPs. 

12.2.18.4 An application to construct or reconstruct any major source of hazardous 

pollutants shall contain a determination that maximum achievable control 

technology (MACT) for new sources under Section 112 of the ACT will be met. 

Where MACT has not been established by the administrator, such determination 

shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44. 

For purposes of this subsection, constructing or reconstructing a major source 

shall have the meaning prescribed in 40 CFR 63.41. 

(a) Notice of Proposed Action (described in Subsection 12.3) is required for 

any source subject to this subsection. 

(b) Within 60 days of the issuance of the permit, a copy of the MACT 

determination will be submitted to the EPA. 

12.2.19 TCS Sources in Clark County: Requirements for TOXIC CHEMICAL 

SUBSTANCES (TCS) contained in this Subsection apply to all new and 

5-40
MODIFIED STATIONARY SOURCES that emit one (1) or more of the TOXIC 

CHEMICAL SUBSTANCE(S), as defined in Section 0. 

12.2.19.1 Pre-application Requirements—Preconstruction ambient air monitoring 

requirement: 

(a) Any new STATIONARY SOURCE with a TCS POTENTIAL TO EMIT equal 

to or exceeding one (1) ton per year or any Major TCS STATIONARY 

SOURCE proposing MODIFICATION that results in a TCS NET 

EMISSIONS INCREASE from all EMISSION UNITs that is equal to or 

exceeding one (1) ton per year shall perform preconstruction monitoring for 

TCS pursuant to Subsection 12.6. 

(b) If AMBIENT AIR monitoring data which is representative of the 

STATIONARY SOURCE location is available, such data may be used in 

lieu of preconstruction onsite monitoring. 

12.2.19.2 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new STATIONARY SOURCE with a TCS POTENTIAL TO EMIT equal 

to or exceeding one (1) ton per year or any Major TCS STATIONARY 

SOURCE proposing MODIFICATION that results in a TCS NET 

EMISSIONS INCREASE from all EMISSION UNITs that is equal to or 

exceeding one (1) ton per year shall perform post construction monitoring 

for TCS pursuant to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air

monitoring for TCS shall not be subject to the requirements of 12.2.19.2. 

12.2.19.3 Additional Impact Analysis. Any STATIONARY SOURCE with a TCS POTENTIAL 

TO EMIT equal to or exceeding one (1) of a ton per year or a STATIONARY 

SOURCE with a TCS POTENTIAL TO EMIT equal to or exceeding one (1) of a ton 

per year proposing MODIFICATION that results in a TCS NET EMISSIONS 

INCREASE equal to or exceeding one (1) of a ton per year shall conduct an impact 

analysis: 

(a) The OWNER OR OPERATOR shall provide an analysis of the impairment 

to visibility, soils and vegetation that would occur as a result of the 

STATIONARY SOURCE or MODIFICATION and general commercial, 

residential, Industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION. 

(b) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.19.4 Class I Area Analysis: 

(a) Applicability: Any STATIONARY SOURCE with a TCS POTENTIAL TO 

EMIT equal to or exceeding one (1) of a ton per year that is located within 

sixty-two (62) miles of a Class I area, or any STATIONARY SOURCE 

5-41
located in Clark County with a TCS POTENTIAL TO EMIT equal to or 

exceeding one (1) of a ton per year shall conduct a Class I area analysis. 

(b) The applicant shall utilize a mathematical model (as described in 

Subsection 12.5) to calculate the maximum increase in Ambient TCS 

concentration resulting from the: POTENTIAL TO EMIT for a new 

STATIONARY SOURCE or NET EMISSIONS INCREASE for a 

STATIONARY SOURCE proposing MODIFICATION. 

(c) Any STATIONARY SOURCE with a modeled impact equal to or greater 

than one (1) microgram per cubic meter (μg/m

3

) (24-hour average) at or 

within the property boundary of the Class I area shall: 

(1) provide an analysis of the impairment to visibility, soils and 

vegetation that would occur as a result of the STATIONARY 

SOURCE or MODIFICATION and general commercial, residential, 

industrial, and other growth associated with the STATIONARY 

SOURCE or MODIFICATION; and 

(2) 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 STATIONARY SOURCE or 

MODIFICATION. 

12.2.19.5 Air Quality Modeling: 

(a) The applicant shall estimate changes in ambient air quality resulting from 

the new or MODIFIED STATIONARY SOURCE by using a mathematical 

model described in Subsection 12.5. 

(b) Actual measurements of ambient air quality, before or after construction of 

the new or MODIFIED STATIONARY SOURCE, may be required. At no 

time shall a STATIONARY SOURCE be exempted from the requirements 

of Subsection 12.5.5.1. 

(c) After the new or MODIFIED STATIONARY SOURCE is constructed and 

has commenced operation, the EMISSION UNIT(S) will be tested to verify 

conformance with the POTENTIAL TO EMIT, as described in Subsection 

12.2.19.5(b). 

12.2.19.6 Public notification (described in Subsection 12.3) is required if there is a net 

increase in any TOXIC CHEMICAL SUBSTANCE EMISSIONS from all EMISSION 

UNITS that is equal to or greater than one (1) ton per year. 

12.2.19.7 BEST AVAILABLE CONTROL TECHNOLOGY is required if the total POTENTIAL 

TO EMIT exceeds one (1) tpy for any TOXIC CHEMICAL SUBSTANCES and 

Municipal WASTE Combustor Organics equal to or exceeding 0.00000555 tpy. 

12.2.19.8 Chlorine. The applicant shall meet the requirements of Section 33 of these 

Regulations. 

12.2.19.9 Compliance testing for TOXIC CHEMICAL SUBSTANCES: 

5-42
(a) As stated in Subsection 12.1.6, the POTENTIAL TO EMIT is an 

enforceable OPERATING PERMIT condition. 

(b) The applicant and the CONTROL OFFICER shall mutually determine the 

most appropriate sampling method and analytical technique to measure 

the POTENTIAL TO EMIT for an EMISSION UNIT. If the 

applicant/permittee and the CONTROL OFFICER fail to reach an 

agreement, the Hearing Board may be consulted for selecting the 

compliance testing method. 

12.2.20 Additional Requirements for STATIONARY SOURCEs with Beryllium, 

Mercury, Vinyl Chloride, or Asbestos EMISSIONS in Clark County: 

12.2.20.1 In addition to any of the requirements of Section 13 and Subsection 12.2.18, the 

applicant shall meet the following requirements: 

12.2.20.2 Pre-application Requirements: 

(a) Any new or Modified STATIONARY SOURCE shall perform air quality 

modeling pursuant to Subsection 12.5 prior to submitting an application for 

AUTHORITY TO CONSTRUCT. 

(b) Preconstruction ambient air monitoring requirement. Any new or 

modifying STATIONARY SOURCE that models (performed pursuant to 

Subsection 12.5) an air quality impact equal to or exceeding the 

significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform preconstruction monitoring for each applicable pollutant pursuant 

to Subsection 12.6. 

12.2.20.3 Post Construction Ambient Air Monitoring Requirements: 

(a) Any new or modifying STATIONARY SOURCE that models (performed 

pursuant to Subsection 12.5) an air quality impact equal to or exceeding 

the significance concentration (listed in Subsection 12.5, Table 12-1) shall 

perform post construction monitoring for each applicable pollutant pursuant 

to Subsection 12.6. 

(b) EXCEPTION: A STATIONARY SOURCE requesting MODIFICATION at 

such location that presently performs post construction ambient air 

monitoring for such pollutant, shall not be subject to the requirements of 

12.2.20.3. 

12.2.20.4 Asbestos: 

(a) The accumulated Ambient Air concentrations for all new or Modified 

STATIONARY SOURCEs since June 1, 1987, shall not exceed 1,000 

fibers per cubic meter. 

(b) The applicant shall meet requirements of Section 13 of these Regulations. 

12.2.21 [RESERVED] 

12.2.22 PM10 Non-Major Sources in the Moderate NONATTAINMENT Area: 

5-43
12.2.22.1 Subsection 12.2.22 shall apply to the following: 

(a) any new STATIONARY SOURCE with a proposed total annual PM10

POTENTIAL TO EMIT less than seventy (70) tons per year; or 

(b) any proposed MODIFICATION to a NON-MAJOR STATIONARY SOURCE 

with a proposed total annual PM10 POTENTIAL TO EMIT less than seventy 

(70) tons per year. 

(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.22.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the BEST AVAILABLE CONTROL TECHNOLOGY 

(BACT). 

12.2.22.3 Notice of Proposed Action (described in Subsection 12.3) is required for any new 

NON-MAJOR STATIONARY SOURCE with a PM10 POTENTIAL TO EMIT equal 

to or exceeding fifteen (15) tons per year or any NON-MAJOR STATIONARY 

SOURCE proposing MODIFICATION that results in a PM10 NET EMISSIONS 

INCREASE from all EMISSION UNITS, including FUGITIVE EMISSIONS, that is 

equal to or exceeding fifteen (15) tons per year. 

12.2.22.4 Post Construction Ambient Air Monitoring Requirements: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.22.5(b) and 12.6.2. 

(2) Any MODIFYING STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITS at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.22.5 (b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

5-44
performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.22.5(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The owner or operator of the STATIONARY SOURCE shall install 

and operate a continuous Automated Particle Sampler (i.e. Beta 

Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 

CFR, Part 53. Siting of the monitoring system must be approved by 

the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(3) The Post Construction monitoring shall commence within thirty (30) 

days of the ACTUAL INITIAL START-UP DATE. 

12.2.23 PM10 Major Sources in the Moderate NONATTAINMENT Area: 

12.2.23.1 Subsection 12.2.23 shall apply to the following: 

(a) any new STATIONARY SOURCE with a proposed total annual PM10

POTENTIAL TO EMIT equal to or exceeding seventy (70) tons per year; 

and 

(b) any proposed MODIFICATION to any STATIONARY SOURCE with a 

proposed total annual PM10 POTENTIAL TO EMIT equal to or exceeding 

seventy (70) tons per year. 

(c) The total annual PM10 POTENTIAL TO EMIT shall mean the addition of the 

PM10 EMISSIONS from the MODIFICATION and the EMISSIONS from the 

existing PM10 POTENTIAL TO EMIT. 

12.2.23.2 Each new or MODIFIED EMISSION UNIT shall incorporate EMISSION controls 

which are designed for the LOWEST ACHIEVABLE EMISSION RATE (LAER). 

12.2.23.3 Notice of Proposed Action (described in Subsection 12.3) is required for: 

(a) any new Major PM10 STATIONARY SOURCE, 

(b) any existing Non-Major PM10 STATIONARY SOURCE proposing 

MODIFICATION with a PM10 NET EMISSIONS INCREASE equal to or 

exceeding fifteen (15) tons per year that results in a total PM10 POTENTIAL 

TO EMIT which is equal to or exceeding the EMISSIONS threshold of a 

Major PM10 STATIONARY SOURCE, and 

(c) any existing Major PM10 STATIONARY SOURCE proposing 

MODIFICATION that results in a PM10 NET EMISSIONS INCREASE equal 

to or exceeding fifteen (15) tons per year. 

5-45
12.2.23.4 OFFSET requirements are found in Section 59. 

12.2.23.5 Post Construction Ambient Air Monitoring Requirements for AUTHORITY TO 

CONSTRUCT CERTIFICATEs issued after October 1, 1993: 

(a) Applicability: 

(1) Any new STATIONARY SOURCE with a PM10 POTENTIAL TO 

EMIT equal to or exceeding twenty-five (25) tons per year shall 

perform air quality modeling pursuant to Subsection 12.5 prior to 

submitting an application for AUTHORITY TO CONSTRUCT. If 

such source models performed pursuant to Subsection 12.5 have 

an air quality impact equal to or exceeding a significance 

concentration of ten (10) μg/m

3

then such source shall perform post 

construction monitoring pursuant to 12.2.23.5(b) and 12.6.2. 

(2) Any Modifying STATIONARY SOURCE with a PM10 NET 

EMISSIONS INCREASE equal to or exceeding twenty-five (25) 

tons per year shall perform air quality modeling pursuant to 

Subsection 12.5 prior to submitting an application for AUTHORITY 

TO CONSTRUCT on the total PM10 POTENTIAL TO EMIT from all 

EMISSION UNITs at such source. 

(i) If such source models performed pursuant to 

Subsection 12.5 have an air quality impact equal to or 

exceeding a significance concentration of ten (10) μg/m

3

then such source shall perform post construction 

monitoring pursuant to 12.2.23.5(b) and 12.6.2. 

(ii) EXCEPTION: A STATIONARY SOURCE requesting 

MODIFICATION at such location that presently 

performs post construction ambient air monitoring for 

PM10 shall not be subject to the requirements of 

12.2.23.5(b). 

(b) Post Construction Ambient Air Monitoring Requirements: 

(1) The owner or operator of the STATIONARY SOURCE shall install 

and operate a continuous Automated Particle Sampler (i.e. Beta 

Attenuation, TEOM, or EPA approved equivalent) pursuant to 40 

CFR, Part 53. Siting of the monitoring system must be approved by 

the CONTROL OFFICER and satisfy monitoring and modeling 

requirements. 

(2) Post construction monitoring activities shall be subject to the 

relevant provisions of Title 40, Code of Federal Regulations, Parts 

50, 51, 52, 53 and 58. 

(3) The Post Construction monitoring shall commence within thirty (30) 

days of the Actual Initial Start-up Date. 

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12.3 Owner/Operator Notification, Application Processing Deadlines, Notice of 

Proposed Action Procedures, and Public Hearings 

12.3.1 Owner/Operator Notification and Application Processing Deadlines: 

12.3.1.1 New or MODIFIED NON-MAJOR STATIONARY SOURCE or NON-MAJOR 

MODIFICATION to a MAJOR STATIONARY SOURCE. Within sixty (60) days 

upon receipt of an application, the CONTROL OFFICER shall notify the applicant, 

in writing, that the application is complete or incomplete: 

(a) If the application is deemed complete, then within forty-five (45) days after 

the date an application is deemed complete, the CONTROL OFFICER 

shall publish a Notice of Proposed Action pursuant to 12.3.2. 

(b) If the application is deemed incomplete, then the CONTROL OFFICER 

shall itemize the deficiencies in writing. 

(c) If the CONTROL OFFICER, after deeming an ATC application complete, 

should discover incorrect, inaccurate, and/or missing information from the 

ATC application, then, such ATC application may be redesignated 

incomplete and additional information may be requested to determine 

compliance with the Regulations. 

(d) When the requested additional information is provided to the CONTROL 

OFFICER, the application will be considered complete and the time period 

specified in 12.3.1.1(a) will start over. 

12.3.1.2 New MAJOR STATIONARY SOURCE or MAJOR MODIFICATION to a MAJOR 

STATIONARY SOURCE: 

(a) Within hundred (100) days after receipt of an application, the CONTROL 

OFFICER shall notify the applicant, in writing, that the application is 

complete or incomplete. 

(1) If the application is deemed complete, then within ninety (90) days 

after the date an application is deemed complete, the CONTROL 

OFFICER shall publish a Notice of Proposed Action pursuant to 

12.3.2. 

(2) If the application is deemed incomplete, then the CONTROL 

OFFICER shall itemize the deficiencies in writing. 

(3) If the CONTROL OFFICER, after deeming an ATC application 

complete, should discover incorrect, inaccurate, and/or missing 

information from the ATC application, then, such ATC application 

may be redesignated incomplete and additional information may be 

requested to determine compliance with the Regulations. 

(4) When the requested additional information is provided to the 

CONTROL OFFICER, the application will be considered complete 

and the time period specified in 12.3.1.2(a) will start over. 

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(b) Upon receipt of the application, the CONTROL OFFICER shall notify the 

U.S. EPA, the Federal Land Manager, the Fish and Wildlife Service, the Air 

Quality Division of the U.S. National Park Service, and the USDA Regional 

Forester of any new MAJOR STATIONARY SOURCE or major 

MODIFICATION. 

12.3.2 Notice of Proposed Action: 

12.3.2.1 After receipt of a complete application, the CONTROL OFFICER shall publish in 

newspapers of general circulation within Clark County, Nevada, a notice listing the 

following items regarding the applicant: 

(a) receipt of application; 

(b) availability of information; 

(c) availability of review and analysis of the application based on its 

compliance with each applicable regulation; 

(d) preliminary determination whether CONSTRUCTION should be approved, 

or disapproved; 

(e) availability of proposed conditions of AUTHORITY TO CONSTRUCT; 

(f) for STATIONARY SOURCES subject to Subsections 12.2.3, 12.2.4, 

12.2.5, 12.2.14, 12.2.15, and 12.2.16 the notice shall include the estimated 

PSD increments for each PSD REGULATED AIR POLLUTANT consumed 

by all increment consuming stationary, area and mobile sources; 

(g) the total POTENTIAL TO EMIT of each REGULATED AIR POLLUTANT, 

as calculated for Subsection 12.1; 

(h) the total EMISSION reductions of each REGULATED AIR POLLUTANT 

from EMISSION UNITs that have been removed, disassembled or 

discontinued; 

(i) opportunity for any PERSON to submit written or oral comments on the air 

quality impact of the source including but not limited to the following: 

(1) the air quality modeling used, 

(2) other alternatives available to the STATIONARY SOURCE, 

(3) the control technology requirements, and 

(4) other appropriate considerations; 

(j) All written and oral comments must be received by the CONTROL 

OFFICER within thirty (30) days from the publication date of the Notice of 

Proposed Action; and 

(k) an opportunity for any PERSON to request a Public Hearing pursuant to 

subsection 12.3.3. 

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12.3.2.2 The CONTROL OFFICER shall send a copy of the notice of public comment to the 

applicant and to officials and agencies having cognizance over the location where 

the proposed construction would occur as follows: 

(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; and 

(d) any STATE, FEDERAL LAND MANGER, or Indian Governing body whose 

lands may be affected by EMISSIONS form the source or modification. 

12.3.3 Public Hearings: 

12.3.3.1 During the Notice of Proposed Action period specified in 12.3.2, 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 comments related to the items listed in subsection 12.3.2.1(f-i). 

12.3.3.2 If a proper petition is filed, 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. 

12.3.3.3 The petitioner shall receive no less than seven (7) day prior written notice of the 

date and location of the Public Hearing. 

12.3.4 Final Application Evaluation: 

12.3.4.1 Within seventy-five (75) days, but no sooner than thirty (30) days, after the date of 

publication of the Notice of Proposed Action, unless a public hearing is held, the 

CONTROL OFFICER shall act on the application by either: 

(a) issuing a Certificate of AUTHORITY TO CONSTRUCT with conditions; or 

(b) issuing a finding of disapproval. 

12.3.4.2 The CONTROL OFFICER shall consider and evaluate all written comments and 

oral testimony before taking final action. If the written comments and/or oral

testimony identify an APPLICABLE REQUIREMENT, or applicable Clark County 

Air Quality Regulation that was overlooked, then such APPLICABLE 

REQUIREMENT(S) or applicable Air Quality Regulation(s) shall be included in the 

conditions of the AUTHORITY TO CONSTRUCT. 

12.3.4.3 If a public hearing is held, the CONTROL OFFICER shall act on the application 

within forty-five (45) days after the public hearing. 

12.3.4.4 The CONTROL OFFICER shall notify the applicant, the Nevada Department of 

Environmental Protection (NDEP) and the U.S. Environmental Protection Agency 

(USEPA) of each action taken under this Subsection 12.3. Copies of the 

application, review reports, conditions of approval, and OPERATING PERMIT 

conditions shall be available for inspection by the public, NDEP, and USEPA. 

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The CONTROL OFFICER shall provide a mechanism whereby a FEDERAL LAND 

MANAGER (FLM) responsible for management of any Class I lands may present 

to the STATE a demonstration that the EMISSIONS for 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 increase for a Class I area. If the STATE concurs 

with such demonstration, the reviewing authority shall not issue the permit. 

The New Source Review (NSR) process for Federal Class I lands shall be 

conducted pursuant to 40 CFR 50.307. The following requirements enumerate the 

NRS process: 

(a) The CONTROL OFFICER shall determine applicability of proposals to the 

National Park Service (NPS) based on the following criteria: 

(1) A Federal MAJOR STATIONARY SOURCE with 250 tons per year 

(tpy) or more of any criteria air pollutant Or A Federal MAJOR 

MODIFICATION or 100 tpy of any criteria air pollutant from one of 

the following source categories: 

(i) Coal cleaning plants (with thermal dryers), 

(ii) Kraft pulp mills 

(iii) Portland cement plants, 

(iv) Primary zinc smelters, 

(v) Iron and steel mills, 

(vi) Primary aluminum ore reduction plants, 

(vii) Primary copper smelters, 

(viii) Municipal INCINERATOR capable of charging more 

than 250 tons of refuse per day, 

(ix) Hydrofluoric, sulfuric, or nitric acid plants, 

(x) Petroleum refineries, 

(xi) Lime plants, 

(xii) Phosphate rock processing plants, 

(xiii) Coke oven batteries, 

(xiv) Sulfur recovery plants, 

(xv) Carbon black plants (furnace process), 

(xvi) Primary lead smelters, 

(xvii) Fuel conversion plants, 

(xviii) Sintering plants, 

(xix) Secondary metal production plants, 

(xx) CHEMICAL PROCESS plants, 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million BRITISH THERMAL UNITS per hour 

heat input, 

(xxii) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels, 

(xxiii) Taconite ore processing plants, 

(xxiv) Glass fiber processing plants, 

(xxv) Charcoal production plants, 

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(xxvi) Fossil fuel-fired steam electric plants of more than 250 

million BRITISH THERMAL UNITS per hour heat input, 

and 

(xxvii) Any other STATIONARY SOURCE category regulated 

under sections 111 or 112 of the ACT; and 

(2) The project site is located within 100 km (62 miles) of any boundary 

of the Grand Canyon National Park Class I land or if the 

EMISSIONS from a proposed source located more than 100 km (62 

miles) from a Federal Class I land are sufficiently large that 

professional judgment suggests that there may be a possible 

impact. 

(b) The CONTROL OFFICER shall provide the NPS with the following 

information: 

(1) Within thirty (30) days of receipt, the CONTROL OFFICER shall 

submit a copy of all information relevant to the permit application, 

including an analysis of the anticipated impacts on visibility and/or 

air quality related values for any Federal Class I land. 

(2) f the CONTROL OFFICER receives an advance notice of an 

applicable project of the intent to monitor pursuant to 40 CFR 

51.166 and that source may affect visibility or other air quality 

related values, the CONTROL OFFICER shall notify NPS of the 

intent within 30 days. 

(3) The CONTROL OFFICER shall submit the Final Draft AUTHORITY 

TO CONSTRUCT and Technical Support Document (TSD) to NPS 

at least thirty (30) calendar days prior to the public notice and 

provide the NPS within the required sixty (60) calendar day 

comment period. 

(c) The CONTROL OFFICER shall submit all required information to NPS Air 

Resources Division by email when possible, and by U.S. Mail when 

necessary. 

(d) The CONTROL OFFICER shall keep a printed record of all 

correspondence in the associated STATIONARY SOURCE’S master file. 

The NPS Air Resources Division will assume responsibility for transmitting 

all information to the appropriate NPS staff at the Grand Canyon National 

Park. 

(e) The CONTROL OFFICER shall consider and act upon, when necessary, 

all written comments received from the NPS in an open and timely manner. 

The CONTROL OFFICER shall respond in writing to NPS written 

comments. 

(f) Within thirty (30) days of receipt of the AUTHORITY TO CONSTRUCT 

Application, NPS shall respond in writing to the CONTROL OFFICER of 

any major concerns or additional information necessary to review the air 

quality analysis. 

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(g) Within sixty (60) days of receipt of the Final Draft AUTHORITY TO 

CONSTRUCT and TSD, NPS shall respond in writing to the CONTROL 

OFFICER, including “No Comment”. The CONTROL OFFICER shall file 

the response in the STATIONARY SOURCE’S master file. 

(h) For all projects that may impact a Federal Class I land, the CONTROL 

OFFICER shall notify the affected parties within thirty (30) calendar days of 

receipt of the project application: 

(1) Bureau of Land Management, 

(2) U.S. Forest Service, 

(3) Any STATE, FEDERAL LAND MANGER, local, or Indian 

Governing body whose lands may be affected by EMISSIONS form 

the source or modification. 

(4) Any other STATE or local air pollution control agencies with 

responsibility for lands may be affected by EMISSIONS form the 

source or modification; and 

(5) Any comprehensive regional land use planning agency with 

responsibility for lands may be affected by EMISSIONS form the 

source or modification. 

12.3.4.5 Appeals. Any citizen, pursuant to this Section 12, may file a notice of appeal to the 

HEARING BOARD, pursuant to Section 7, no later than thirty (30) days after the 

date of the CONTROL OFFICER’S action. 

12.4 [RESERVED] 

12.5 Air Quality Models 

12.5.1 Air Quality Modeling Applicability. Air quality modeling applies to any new or 

Modifying STATIONARY SOURCE located in the PSD Area or MANAGEMENT 

AREA that triggers the EMISSIONS threshold listed pursuant to subsection 12.2. 

The applicant shall utilize a mathematical model (as specified in Subsection 

12.5.3) to calculate the maximum increase in Ambient concentration for each 

REGULATED AIR POLLUTANT at and beyond the property boundary resulting 

from the total POTENTIAL TO EMIT (described in Subsection 12.1.6) for each 

REGULATED AIR POLLUTANT. 

12.5.2 [RESERVED] 

12.5.3 Air Quality Modeling Requirements: 

12.5.3.1 Estimates of ambient concentrations required under Subsection 12.2 shall be 

based on the applicable air quality models and data bases approved by USEPA. 

12.5.3.2 Air quality modeling is subject to the provisions of 40 CFR Part 51 Appendix W, as 

revised. 

12.5.4 Stack heights: 

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12.5.4.1 The degree of EMISSION limitation required for control of any REGULATED AIR 

POLLUTANT shall not be affected in any manner by the stack height portion of any 

source that exceeds good engineering practice, or any other dispersion technique. 

12.5.4.2 Exception: stack heights in existence before December 31, 1970 or dispersion 

techniques implemented before then. 

12.5.5 PSD Monitoring Significance Levels: 

12.5.5.1 Air quality modeling that results in concentrations for any REGULATED AIR 

POLLUTANT equal to or exceeding the values listed in Table 12-1 shall require 

PSD ambient air monitoring for each REGULATED AIR POLLUTANT. 

Table 12-1 PSD Monitoring Significance Levels

REGULATED AIR POLLUTANT

Significance Level (μg/m3)

Pre- Averaging Time

Construction

Post 

construction

PM10 10 16 24-hour

CO 575 2000 8-hour

O3 (VOC) a a

NO2 (NOx) 14 14 annual

SO2 13 50 24-hour

Pb 0.1 0.1 3-month

Asbestos b b

Beryllium (Be) 0.001 0.001 24-hour

Mercury (Hg) 0.25 0.25 24-hour

Vinyl Chloride 15 15 24-hour

Fluorides 0.25 0.25 24-hour

Hydrogen Sulfide (H2S) at Major 

Stationary Sources of PM10, VOC, SO2, 

lead, CO and hazardous air pollutants.

0.2 2 1 hour

Hydrogen Sulfide (H2S) - Other 

Stationary Sources

b 2 1 hour

Total Reduced Sulfur (including H2S) 10 10 1-hour

Reduced Sulfur Compounds 10 10 1-hour

Toxic Chemical Substances c c 24-hour

Hazardous Air Pollutant (HAP) d d

a 

No ‘de minimus’ significance level is provided for ozone. However, any VOC NET 

EMISSIONS INCREASE of one hundred (100) tons per year or more would require the 

applicant to perform an ambient impact analysis and perform preconstruction monitoring 

for ozone. 

b 

No ‘de minimus’ significance level is provided, therefore no modeling or preconstruction 

monitoring is required. c 

Only each TOXIC CHEMICAL SUBSTANCE with a significance level specifically identified 

in an applicable standard shall be required to model. Otherwise, no modeling is required. 

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d 

Only each HAP with a significance level specifically identified in an applicable standard 

adopted pursuant to Section 20 of the Air Quality Regulations shall be required to model. 

Otherwise, no modeling is required. 

12.6 Preconstruction and Post Construction Ambient Air Monitoring Requirements: 

12.6.1 Preconstruction Ambient Air Monitoring Requirements: 

12.6.1.1 The applicant shall submit a preconstruction monitoring proposal to the CONTROL 

OFFICER for review at least thirty (30) days prior to commencing preconstruction 

monitoring. All preconstruction monitoring proposals shall include the following: 

(a) type of monitoring equipment, 

(b) location of monitor, 

(c) enclosure design, 

(d) electrical power supply, 

(e) climate control, 

(f) quality assurance, and 

(g) and quality control. 

12.6.1.2 All preconstruction monitoring measurements shall be gathered over a period of at 

least twelve (12) months preceding receipt of the application for AUTHORITY TO 

CONSTRUCT, 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 twelve (12) months (but not less than four (4) 

months), the data that is required shall have been gathered over at least that 

shorter period. 

12.6.1.3 The preconstruction monitor shall be located in the general proximity of the 

modeled point of maximum impact. If such location is infeasible due to technical or 

physical limitations, then, the CONTROL OFFICER and the applicant shall 

determine the appropriate preconstruction monitor location. 

12.6.1.4 All preconstruction monitoring activities shall be subject to the relevant provisions 

of Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53, and 58. 

12.6.1.5 The applicant shall submit all preconstruction monitoring data to the CONTROL 

OFFICER with the application for AUTHORITY TO CONSTRUCT. 

12.6.2 Post Construction Ambient Air Monitoring Requirements: 

12.6.2.1 Post construction monitoring shall commence on the Actual Initial Start-up Date. 

12.6.2.2 The post construction monitor shall be located in the general proximity of the 

modeled point of maximum impact. If such location is infeasible due to technical or 

physical limitations, then, the CONTROL OFFICER and the applicant shall 

determine the appropriate post construction monitor location. 

12.6.2.3 The owner or operator shall submit a post construction monitoring proposal to the 

CONTROL OFFICER with the AUTHORITY TO CONSTRUCT application. All post 

construction monitoring proposals shall include the following: 

(a) type of monitoring equipment, 

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(b) location of monitor, 

(c) enclosure design, 

(d) electrical power supply, 

(e) telephone line availability, 

(f) climate control, 

(g) quality assurance, and 

(h) and quality control. 

12.6.2.4 Post construction monitoring activities shall be subject to the relevant provisions of 

Title 40, Code of Federal Regulations, Parts 50, 51, 52, 53, and 58. 

12.6.2.5 Reporting Requirements. Quality assurance and quality control requirements shall 

be reported to the CONTROL OFFICER as required. 

12.6.2.6 Post construction monitoring shall be conducted for a minimum of two (2) years. At 

the end of the second (2nd) year and each subsequent two (2) year period (if 

applicable), the CONTROL OFFICER shall review the air quality impact to 

determine if additional post construction monitoring is required. The owner or 

operator may terminate post construction monitoring only if the CONTROL 

OFFICER notifies the owner or operator, in writing, that such monitoring is no 

longer required. 

COMMENT: On September 26, 1996, the Control Officer agreed to develop a 

policy guidance that will address the termination of post construction 

ambient monitoring. 

12.7 Continuous EMISSION Monitoring Systems 

12.7.1 Continuous EMISSION Monitoring Systems Applicability: 

12.7.1.1 For any new STATIONARY SOURCE with a CO, NOx, or SO2 POTENTIAL TO 

EMIT equal to or exceeding one hundred (100) tons per year: 

(a) The conditions of the AUTHORITY TO CONSTRUCT shall include the 

requirement to operate and maintain a continuous EMISSION monitoring 

system (CEMS) for each EMISSION UNIT with a POTENTIAL TO EMIT 

equal to or exceeding the following: 

(b) As applicable, the application shall include a description of a CEMS for 

each affected REGULATED AIR POLLUTANT on each applicable 

EMISSION UNIT. Conditions shall assure compliance with the subject 

provisions of Title 40, Code of Federal Regulations, Part 60. 

12.7.1.2 For any MODIFYING STATIONARY SOURCE with a CO, NOx, or SO2 

POTENTIAL TO EMIT equal to or exceeding one hundred (100) tons per year: 

(a) The conditions of the AUTHORITY TO CONSTRUCT shall include the 

requirement to operate and maintain a CEMS for each EMISSION UNIT 

with a NET EMISSIONS INCREASE equal to or exceeding the following: 

(b) As applicable, the application shall include a description of a CEMS for 

each affected REGULATED AIR POLLUTANT on each applicable 

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EMISSION UNIT. Conditions shall assure compliance with the subject 

provisions of Title 40, Code of Federal Regulations, Part 60. 

12.7.2 Continuous EMISSIONS Monitoring System Requirements. Any Continuous

EMISSION Monitoring System required for Carbon Monoxide, Oxides of Nitrogen, 

or Sulfur Dioxide shall be used for direct-compliance. 

12.7.3 Continuous Opacity Monitoring System (COMS) Requirements: 

12.7.3.1 Applicability. Any EMISSION UNIT subject to an applicable New Source 

Performance Standard adopted pursuant Section 14 of the Air Quality Regulations 

which requires an opacity monitor. 

12.7.3.2 Any COMS shall be used for direct-compliance. 

12.7.4 [RESERVED] 

12.7.5 Alternative Monitoring System(s). The owner or operator of an affected 

EMISSION UNIT may apply for approval of an alternative monitoring system (or 

system component) to determine average hourly EMISSION data, by 

demonstrating that the alternative monitoring system has the same or better 

precision, reliability, accessibility, and timeliness as provided by continuous 

EMISSION monitoring system. The owner or operator of an affected EMISSION 

UNIT shall submit all requests for an alternative monitoring system to the AQD 

Enforcement Supervisor. 

(a) Within two (2) months of receipt of a complete request for an alternative 

monitoring system, the CONTROL OFFICER shall notify the requester in 

writing of approval or disapproval of such request. 

(b) To be deemed complete, a request must contain all information required 

pursuant to Subsection 12.7.5 in sufficient detail to evaluate the request. 

The CONTROL OFFICER may request additional information in writing 

and set a reasonable deadline for response. 

12.8 Issuance of AUTHORITY TO CONSTRUCT CERTIFICATE with Conditions 

12.8.1 AUTHORITY TO CONSTRUCT CERTIFICATE Conditions. The conditions of the 

AUTHORITY TO CONSTRUCT CERTIFICATE shall include, but not be limited to 

the following: 

(a) total POTENTIAL TO EMIT for each EMISSION UNIT, 

(b) compliance testing deadlines, 

(c) performance standards, 

(d) control requirements, 

(e) reporting schedules, 

(f) EMISSION limitations, 

(g) continuous EMISSIONS monitoring, 

(h) post construction monitoring, 

(i) offset requirements, 

(j) upset/breakdown notification, 

(k) all PSD increment consumption, and 

(l) expiration date. 

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12.8.1.2 These conditions shall be duplicated in the OPERATING PERMIT conditions when 

the facility is ready to start up. 

12.8.2 AUTHORITY TO CONSTRUCT Issuance Requirements. An "AUTHORITY TO 

CONSTRUCT CERTIFICATE” shall not be issued unless the CONTROL 

OFFICER has: 

(a) approved the location of the STATIONARY SOURCE; 

(b) determined that the applicant has demonstrated that all STATIONARY 

SOURCES owned or operated by the Applicant within the STATE or by any 

entity controlling, controlled by, or under common control with the applicant 

in the STATE are subject to EMISSION limitations and are in compliance, 

or on a schedule for compliance, with all applicable EMISSION limitations 

and standards under the Clean Air Act; and 

(c) received full payment of all applicable fees. 

(1) For any STATIONARY SOURCE or MODIFICATION subject to 

subsection 12.3 requirements (Notice of Proposed Action), all 

applicable fees shall be paid prior to the publication of the Notice of 

Proposed Action. 

(2) For any STATIONARY SOURCE or MODIFICATION not subject to 

subsection 12.3 requirements (Notice of Proposed Action), all 

applicable fees shall be paid prior to the issuance of the 

AUTHORITY TO CONSTRUCT. 

12.8.3 Enforceability of AUTHORITY TO CONSTRUCT Conditions. The AUTHORITY 

TO CONSTRUCT CERTIFICATE shall become enforceable and effective if the 

applicant signs and returns such ATC to the CONTROL OFFICER within thirty (30) 

days from the issuance date. 

(a) If the AUTHORITY TO CONSTRUCT CERTIFICATE is not signed by the 

applicant and returned to the CONTROL OFFICER within the thirty (30) 

day period, then such ATC shall be deemed invalid. 

(b) Revalidation of such ATC shall require reapplication for a new 

AUTHORITY TO CONSTRUCT CERTIFICATE which may be subject to 

additional fees. 

12.8.4 Compliance with the AUTHORITY TO CONSTRUCT Conditions: 

12.8.4.1 Applicability: Any new MAJOR STATIONARY SOURCE, or any Major 

MODIFICATION to a MAJOR STATIONARY SOURCE for any REGULATED AIR 

POLLUTANT. 

(a) The CONTROL OFFICER shall issue a Stop Order prohibiting the 

construction, installation, establishment, or alteration of such 

STATIONARY SOURCE if any of the following are determined prior to 

issuance of the OPERATING PERMIT: 

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(1) such STATIONARY SOURCE has deviated from the construction 

design as proposed in the AUTHORITY TO CONSTRUCT 

Application which results in an increase in the POTENTIAL TO 

EMIT, or the EMISSION of an unpermitted REGULATED AIR 

POLLUTANT; or 

(2) such STATIONARY SOURCE has altered or modified the control 

technology requirements which were agreed upon in the conditions 

of the AUTHORITY TO CONSTRUCT CERTIFICATE. 

(b) The Stop Order shall specify the reasons for the issuance of the Stop 

Order, the effective time and date. The Hearing Board shall meet within 

twenty (20) days of filing of an appeal to review the action of the CONTROL 

OFFICER in accordance with the provisions of Section 7 of the Air Quality 

Regulations. 

12.8.4.2 Applicability: Any new NON-MAJOR STATIONARY SOURCE, or any non-Major 

MODIFICATION to any STATIONARY SOURCE for any REGULATED AIR 

POLLUTANT. 

(a) The CONTROL OFFICER may issue a Stop Order prohibiting the 

construction, installation, establishment, or alteration of such 

STATIONARY SOURCE if any of the following are determined prior to 

issuance of the OPERATING PERMIT: 

(1) such STATIONARY SOURCE has deviated from the construction 

design as proposed in the AUTHORITY TO CONSTRUCT 

Application which results in an increase in the POTENTIAL TO 

EMIT, or the EMISSION of an unpermitted REGULATED AIR 

POLLUTANT; or 

(2) such STATIONARY SOURCE has altered or modified the control 

technology requirements which were agreed upon in the conditions 

of the AUTHORITY TO CONSTRUCT CERTIFICATE. 

(b) The Stop Order shall specify the reasons for the issuance of the Stop 

Order, the effective time and date. The Hearing Board shall meet within 

twenty (20) days of filing of an appeal to review the action of the CONTROL 

OFFICER in accordance with the provisions of Section 7 of the Air Quality 

Regulations. 

12.8.4.3 Noncompliance with any AUTHORITY TO CONSTRUCT condition(s) is a violation 

of Section 12 and a violation of the AUTHORITY TO CONSTRUCT CERTIFICATE 

which shall result in enforcement action. 

12.8.4.4 No stationary source shall commence construction unless it has met all 

requirements of the rule to which it is subject, except where the rule allows that 

compliance with a specific requirement may be achieved by a later date. 

12.9 Cancellation or Extension of an AUTHORITY TO CONSTRUCT CERTIFICATE 

12.9.1 Cancellation of an AUTHORITY TO CONSTRUCT CERTIFICATE. The 

CONTROL OFFICER shall cancel a Certificate issued pursuant to Section 12, 

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except as provided in subsection 12.9.2, if the applicant does not Commence 

Construction within eighteen (18) months of date of ATC issuance or if 

construction work is discontinued for any eighteen (18) month period and any 

Prevention of Significant Deterioration (PSD) increment reserved on behalf of the 

applicant shall expire. 

12.9.2 Extension of AUTHORITY TO CONSTRUCT CERTIFICATE. If the applicant 

requires an extension, a request shall be submitted in writing to the CONTROL 

OFFICER at least thirty (30) days prior to the eighteen (18) month cancellation 

date of the AUTHORITY TO CONSTRUCT CERTIFICATE. Such extension 

request shall include the following: 

(a) Justification why construction did not commence as scheduled, if 

applicable; 

(b) Revised construction schedule which assures that continuous construction 

will be initiated or maintained during the extension period; 

(c) Perform reanalysis of BACT (applies to extension request beyond the first 

request); 

(d) Reanalyze PSD increment consumption and air quality impacts for each 

applicable REGULATED AIR POLLUTANT (applies to extension request 

beyond the first request); and 

(e) Extension request must be signed by a responsible representative of the 

company proposing the project. 

12.9.2.2 Within thirty (30) days after receipt of Certificate extension request, the CONTROL 

OFFICER shall notify the permittee of intention to approve or disapprove 

Certificate extension. The Clark County Board of County Commissioners shall 

approve or disapprove the extension with or without conditions. 

12.9.2.3 Proposed revisions to the AUTHORITY TO CONSTRUCT CERTIFICATE shall 

meet any new requirements promulgated since issuance of the Certificate and 

shall be subject to public notification procedures described in Subsection 12.3. 

12.9.2.4 Each AUTHORITY TO CONSTRUCT CERTIFICATE extension shall not exceed 

twelve (12) months from Certificate expiration date. 

12.10 Disclaimers. An AUTHORITY TO CONSTRUCT CERTIFICATE shall not relieve any 

owner or operator of the responsibility to comply with all applicable Local, STATE and 

Federal Regulations. Certificates issued by the CONTROL OFFICER shall not be deemed 

to be an acceptance or approval of operation of any article, machine, equipment, process 

or other contrivance listed on said Certificate by the CONTROL OFFICER or his agent. 

The Certificate shall not be construed to show compliance on the part of the Registrant 

with the Regulations contained herein, limiting the EMISSION of air pollutants into the 

atmosphere. 

12.11 Severability Clause. In the event that portions of an AUTHORITY TO CONSTRUCT are 

challenged, all remaining portions of said AUTHORITY TO CONSTRUCT not subject to 

such challenge shall remain fully in effect as if the challenge had not been filed. 

5-59
12.12 Protection of Visibility from Sources in NONATTAINMENT AREAS. 

12.12.1 Review of MAJOR STATIONARY SOURCES and Major 

MODIFICATIONS--Source Applicability and Exemptions. 

(a) No STATIONARY SOURCE or MODIFICATION to which the requirements 

of this section apply shall begin actual construction without an 

AUTHORITY TO CONSTRUCT/OPERATING PERMIT which states that 

the STATIONARY SOURCE or MODIFICATION would meet those 

requirements. 

(b) The requirements of this section shall apply to construction of any new 

MAJOR STATIONARY SOURCE or major MODIFICATION that would 

both be constructed in an area classified as a NONATTAINMENT AREA 

under Section 107(d)(1)(A), (B) or (C) of the ACT and potentially have an 

impact on visibility in any visibility protection area. 

(c) The requirements of subsection 12.12 shall apply to any such MAJOR 

STATIONARY SOURCE and any such major MODIFICATION with respect 

to each pollutant subject to regulation under the ACT that it would emit, 

except as this section otherwise provides. 

(d) The requirements of this section shall not apply to a particular MAJOR 

STATIONARY SOURCE or major MODIFICATION, if: 

(1) The MAJOR STATIONARY SOURCE or major MODIFICATION 

would be a nonprofit health or nonprofit educational institution, or a 

major MODIFICATION would occur at such an institution, and the 

governor of the STATE in which the MAJOR STATIONARY 

SOURCE or major MODIFICATION would be located requests that 

it be exempt from those requirements; or 

(2) The source or MODIFICATION would be a MAJOR STATIONARY 

SOURCE or major MODIFICATION only if fugitive emissions, to the 

extent quantifiable, are considered in calculating the POTENTIAL 

TO EMIT of the STATIONARY SOURCE OR modification and the 

source does not belong to any of the following categories: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than 

250 tons of refuse per day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

5-60
(xv) Carbon black plants (furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boiler (or combination thereof) totaling more 

than 250 million British thermal units per hour heat input; 

(xxii) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input; 

(xxvii) Any other STATIONARY SOURCE category which, as 

of August 7, 1980, is being regulated under Section 111 

or 112 of the ACT; or 

(3) The MAJOR STATIONARY SOURCE is a portable MAJOR 

STATIONARY SOURCE which has previously received an 

AUTHORITY TO CONSTRUCT/OPERATING PERMIT under this 

section, and 

(i) The OWNER/OPERATOR proposes to relocate the 

source and EMISSIONS of the source at the new 

location would be temporary; and 

(ii) The EMISSIONS from the source would not exceed its 

ALLOWABLE EMISSIONS; and 

(iii) The EMISSIONS from the source would impact no 

Class I area and no area where an applicable increment 

is known to be violated; and 

(iv) 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) calendar 

days in advance of the proposed relocation, unless a 

different time duration is previously approved by the 

CONTROL OFFICER. 

(e) The requirements of this subsection shall not apply to a MAJOR 

STATIONARY SOURCE or major MODIFICATION with respect to a 

particular pollutant if the OWNER/OPERATOR demonstrates that, as to 

that pollutant, the source or MODIFICATION is located in an area 

designated as attainment under Section 107 of the ACT. 

(f) The requirements of this subsection 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 

5-61
the source, or the NET EMISSIONS INCREASE of that pollutant from the 

MODIFICATION: 

(1) Would impact no Class I area and no area where an applicable 

increment is known to be violated, and 

(2) Would be temporary. 

12.12.2 Visibility Impact Analyses. The OWNER/OPERATOR of a source shall provide 

an analysis of the impairment to visibility that would occur as a result of the source 

or MODIFICATION and general commercial, residential, industrial and other 

growth associated with the source or MODIFICATION. 

12.12.3 FEDERAL LAND MANAGER Notification. 

(a) The FEDERAL LAND MANAGER and the Federal official charged with 

direct responsibility for management of Federal Class I areas have an 

affirmative responsibility to protect the air quality related values (including 

visibility) of such lands and to consider, in consultation with the CONTROL 

OFFICER, whether a proposed source or modification will have an adverse 

impact on such values. 

(b) The CONTROL OFFICER shall provide written notification to all affected 

FEDERAL LAND MANAGERS of any AUTHORITY TO CONSTRUCT/ 

OPERATING PERMIT application for any proposed new MAJOR 

STATIONARY SOURCE or major MODIFICATION that may affect visibility 

in any visibility protection area. The CONTROL OFFICER shall also 

provide for such notification to the Federal official charged with direct 

responsibility for management of any lands within any such area: 

(1) Such notification shall include a copy of all information relevant to 

the AUTHORITY TO CONSTRUCT/OPERATING PERMIT 

application and shall be given within thirty (30) calendar days of 

receipt and at least sixty (60) calendar days prior to any public 

hearing on the application for an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT. 

(2) Such notification shall include an analysis of the proposed source's 

anticipated impacts on visibility in any visibility protection area. 

(3) The CONTROL OFFICER shall also notify all affected FLM's within 

thirty (30) calendar days of receipt of any advance notification of 

any such AUTHORITY TO CONSTRUCT/OPERATING PERMIT 

application. 

(c) The CONTROL OFFICER shall consider any analysis performed by the 

FEDERAL LAND MANAGER, provided within thirty (30) calendar days of 

the notification required by subsection 12.2.3(b), that such proposed new 

MAJOR STATIONARY SOURCE or major MODIFICATION may have an 

adverse impact on visibility in any visibility protection area. Where the 

CONTROL OFFICER finds that such an analysis does not demonstrate to 

the satisfaction of the CONTROL OFFICER that an adverse impact on 

visibility will result in the visibility protection area, the CONTROL OFFICER 

5-62
must, in the notice of public hearing, either explain their decision or give 

notice as to where the explanation can be obtained. 

12.12.4 National Visibility Goal. The CONTROL OFFICER shall only issue an 

AUTHORITY TO CONSTRUCT/OPERATING PERMIT to those sources whose 

EMISSIONS will be consistent with making reasonable progress toward the 

national goal of preventing any future, and remedying any existing, impairment of 

visibility in visibility protection areas which impairment results from man-made air 

pollution. In making the decision to issue an AUTHORITY TO 

CONSTRUCT/OPERATING PERMIT, the CONTROL OFFICER may take into 

account the costs of compliance, the time necessary for compliance, the energy 

and non-air quality environmental impacts of compliance, and the useful life of the 

source. 

12.12.5 Monitoring. The CONTROL OFFICER may require monitoring of visibility in any 

visibility protection area near the proposed new STATIONARY SOURCE or major 

MODIFICATION for such purposes and by such means as the CONTROL 

OFFICER deems necessary and appropriate. 

History: Amended: July 9, 1987; January 25, 1990; December 13, 1990; May 23, 1991; September 26, 1991; May 27, 

1993; November 18, 1993; August 25, 1994; January 25, 1996; March 28, 1996; May 23, 1996; September 26, 

1996; December 19, 1996; January 23, 1997; June 26, 1997; January 22, 1998; April 23, 1998; September 28, 

2000; May 24, 2001; November 20, 2001; June 3, 2003; July 1, 2004; October 7, 2004. 

Repealed: July 1, 2010.

5-63
SECTION 16 - OPERATING PERMITS

16.1 No PERSON shall cause, suffer, or allow the operation of any EMISSION UNIT in 

a STATIONARY SOURCE or in a GASOLINE STATION unless an OPERATING PERMIT

has been issued by the CONTROL OFFICER and such permit is current and 

valid.

16.2 The OPERATING PERMIT will require an annual fee.

16.2.1 Failure to remit the fee within thirty (30) calendar days of invoicing date is a 

violation of Section 16 of these Regulations.

16.2.2 An OPERATING PERMIT shall not be valid unless the annual fee is paid within 

sixty (60) days of the invoicing date. 

16.3 The CONTROL OFFICER may issue an OPERATING PERMIT on a provisional basis 

to any new EMISSION UNIT requiring some reasonable time for initial testing, 

or to any EXISTING SOURCE which is not in compliance with applicable 

emission limitations, but which has had a compliance schedule or variance 

approved by the HEARING BOARD.

16.3.1 OPERATING PERMITS may be issued to new EMISSION UNITS upon completion 

of CONSTRUCTION and upon verification that the new EMISSION UNITS

conform to the information originally submitted with application for certificate 

and the conditions of the certificate. 

16.4 Conditions to OPERATING PERMITS 

The CONTROL OFFICER may issue an OPERATING PERMIT with conditions, agreed 

upon in writing by the applicant, that specify emission limits, production rates, 

control methods, etc. These conditions may also limit the hours or periods of

operation.

16.4.1 These conditions are subject to annual review by the CONTROL OFFICER. 

After the review with the permittee, the CONTROL OFFICER may impose or 

MODIFY conditions to assure continuing compliance with all sections of 

these Regulations.

5-64
16.4.2 Violation of the conditions of the permit shall constitute a violation of this 

section.

16.5 The OPERATING PERMIT conditions for new or MODIFIED STATIONARY SOURCEs 

commencing CONSTRUCTION after May 1, 1981, shall include a description of 

additional CONTROL MEASURES the OPERATOR will undertake, as necessary, if a 

nearby monitoring station indicates that an applicable AMBIENT AIR quality 

standard or increment has been exceeded.

16.5.1 The CONTROL MEASURES shall be taken within 24 hours of notification to the 

OPERATOR by the CONTROL OFFICER.

16.5.2 The CONTROL OFFICER shall consider the possible effects of emissions from 

other nearby or influential sources prior to notifying the OPERATOR.

16.6 No PERSON shall willfully deface, alter, forge, counterfeit, or falsify a permit to 

operate any article, machine, equipment, process or other contrivance. 

16.7 An OPERATING PERMIT for an EMISSION UNIT shall not be transferable by 

operation of law or otherwise, from one location to another, nor from one 

piece of equipment or process to another, but it may be transferred from one 

PERSON to another upon payment of the required fee, and approval by the 

CONTROL OFFICER.

16.8 OPERATING PERMITS for an EMISSION UNIT are subject to revocation or 

suspension for violation of these Regulations. Upon a determination by the 

CONTROL OFFICER that a permittee is in violation of these Regulations, the 

CONTROL OFFICER may serve upon the permittee, through personal service or 

by certified mail, a Notice of Suspension or Revocation of OPERATING PERMIT, 

setting forth in detail the violations charged. Such suspension or revocation 

shall become final and effective ten (10) days after service of the written 

notice, and the OPERATING PERMIT thereupon surrendered to the CONTROL 

OFFICER, unless the permittee files with the Air Pollution Control HEARING 

BOARD, in writing, within ten (10) days after service of the Notice of 

Suspension or Revocation, an appeal from such action of the CONTROL 

OFFICER. The filing of such appeal shall stay the suspension or revocation of 

the permit pending a decision thereon by the Air Pollution Control HEARING 

BOARD. The Air Pollution Control HEARING BOARD shall meet to decide the 

appeal no later than thirty (30) days after the filing of the permittee's appeal, 

and after public hearing on said appeal, affording the permittee and the 

CONTROL OFFICER full opportunity to present evidence, and testimony may 

affirm, MODIFY or set aside the action taken by the CONTROL OFFICER. For this 

purpose, public notice of less than thirty (30) days may be given of such 

appeal hearing.

5-65
16.9 If the OPERATING PERMIT is canceled, suspended, or revoked, any fee paid 

shall be forfeit. 

History: Amended: September 3, 1981; April 23, 1987; January 25, 1990; February 20, 2001; June 3, 2003; July 1, 

2004.

Repealed: July 1, 2010

5-66
CHAPTER 6: CLARK COUNTY AQRs

6-1
Department of Air Quality and Environmental Management

500 Grand Central Parkway, 1st Floor

Las Vegas, Nevada 89155

CLARK COUNTY

AIR QUALITY REGULATIONS

Effective July 1, 2010

6-2
CC Air Quality Regulations i

 

 WHEREAS, it is recognized that there has been a growth in the amount of 

complexity of air pollution in Clark County, Nevada, brought about by, and incident to, the 

population growth of and industrial development in the said County, which conditions are 

likely to be aggravated and compounded by additional population growth and industrial 

development in the future, all resulting in serious potential danger to the public health and 

welfare of the residents of said County, and substantial injury to or interference with the 

reasonable use and enjoyment of property and the conduct of business therein, as well 

as injury to agricultural crops and livestock, and hazards to air and ground transportation; 

and 

 WHEREAS, it is the responsibility of the Clark County Board of County 

Commissioners to promote and protect the health and welfare of the inhabitants of this 

County, which necessitates the control and regulation of activities affecting the quality of 

the air therein; and 

 WHEREAS, it is the public policy of Clark County and the purpose of these 

Regulations to achieve and maintain levels of air quality which will protect human health 

and safety, prevent injury to plant and animal life, prevent damage to property, and 

preserve visibility and scenic, esthetic and historic values of Clark County; and 

 WHEREAS, it is the intent of these Regulations to: 

 (a) Require the use of reasonably available methods to prevent, reduce 

 or control air pollution throughout Clark County; 

 (b) Maintain cooperative programs; 

 (c) Facilitate cooperation across jurisdictional lines in dealing with 

 problems of air pollution not confined within a single jurisdiction; and 

 WHEREAS, the quality of air is declared to be affected with the public interest and 

these Regulations are enacted in the exercise of the police power of this county and the 

municipal entities comprising Clark County to protect the health, peace, safety and 

general welfare of its people as required by State law; and 

 WHEREAS, Clark County Board of County Commissioners has initiated and 

conducted an air pollution control program, including a comprehensive air monitoring 

program for the purpose of determining air quality standards and source emission 

standards; and 

 

 WHEREAS, the need for control of air contaminants, and the emission thereof at 

their source, was first determined by an air pollution survey of Clark County conducted in 

1962 and 1963, the findings of which survey and the problems identified therein having 

been confirmed by subsequent measurements and experience gained in the conduct of 

an air pollution control program established pursuant to authority vested in the Clark 

County Department of Air Quality and Environmental Management; and 

6-3
CC Air Quality Regulations ii

 

 WHEREAS, the Clark County Board of County Commissioners has taken into 

consideration all of the facts and circumstances bearing upon the reasonableness of the 

emission of air contaminants in the area including but not limited to: 

(a) The character and degree of injury to or interference with health and 

property or the reasonable use and enjoyment of property or conduct 

of business; 

(b) The social and economic value of the source of air contaminants; 

(c) The technical practicability and economic reasonableness of 

reducing or eliminating the emission of air contaminants from such 

source; 

(d) The location involved, the density of population, the atmospheric 

condition, and the relationship of the emissions to the general air 

pollution condition of the area; 

(e) The cost and effectiveness of control equipment available; and 

(f) Efforts previously made and the equipment previously installed to 

control or decrease such emissions; and 

 WHEREAS, recent developments in State and Federal law, as well as developing 

air pollution control technology, and the need for more precise and equitable standards 

and procedures, require the updating and amendment of the current Air Quality 

Regulations of the Clark County Board of County Commissioners; 

 NOW, THEREFORE, the Clark County Board of County Commissioners, in 

accordance with the authority vested in it by Chapter 445 of Nevada Revised Statutes, 

does hereby adopt, promulgate and order compliance therewith within Clark County, 

Nevada, the following amended Regulations, to be known as "Air Quality Regulations." 

6-4
Effective 07-01-10 

CC Air Quality Regulations i

 

Section TABLE OF CONTENTS Pages

0 Definitions 1 – 21 

2 Procedures for Adoption and Revision of Regulations and for Inclusion 

of those Regulations in the State Implementation Plan 

1 – 6 

4 Control Officer 1 – 4 

5 Interference with Control Officer 1 – 1 

6 Injunctive Relief 1 – 1 

7 Hearing Board and Hearing Officer 1 – 7 

8 Persons Liable for Penalties – Punishment: Defense 1 – 1 

9 Civil Penalties 1 – 2 

10 Compliance Schedules 1 – 1 

11 Ambient Air Quality Standards 1 – 2 

12 Preconstruction Review for New or Modified Stationary Sources 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

12.0 Applicability, General Requirements and Transition Procedures 1 – 3 

12.1 Permit Requirements For Minor Sources 1 - 25 

12.2 

Permit Requirements For Major Sources In Attainment Areas 

(Prevention Of Significant Deterioration) 1 – 64 

12.3 

Permit Requirements For Major Sources In 

Nonattainment Areas 1 – 44

12.4 Authority To Construct Application And Permit 

Requirements For Part 70 Sources 1 – 13 

12.5 Part 70 Operating Permit Requirements 1 – 38 

12.6 Confidentiality 1 – 2 

12.7 Emission Reduction Credits 1 – 11 

12.9 Annual Emissions Inventory Requirement 1 – 2 

12.10 Continuous Monitoring Requirements for Stationary Sources 1 – 8 

12-11 General Permits for Minor Stationary Sources 1 – 6 

6-5
Effective 07-01-10 

CC Air Quality Regulations ii

 

Section TABLE OF CONTENTS Pages

12.12 Transfer of Permit 1 - 2 

12.13 Posting of Permit 1 

13 National Emission Standards for Hazardous Air Pollutants 1 – 11 

14 New Source Performance Standards 1 – 8 

16 Operating Permits 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

18 Permit and Technical Service Fees 1 – 13 

19 Part 70 Operating Permits 

Attachment A 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

20 Emission Standards for Hazardous Air Pollutants for Source Categories 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

21 Acid Rain Permits 1 –2 

22 Acid Rain Continuous Emission Monitoring 1 –2 

24 Sampling and Testing – Records and Reports 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

25 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, 

and Shutdown 

1 – 4 

26 Emission of Visible Air Contaminants 1 - 1 

27 Particulate Matter from Process Weight Rate 1 – 2 

28 Fuel Burning Equipment 1 – 2 

29 Sulfur Contents of Fuel Oil 1 – 1 

30 Incinerators 1 – 3 

32 Reduction of Animal Matter 1 – 1 

33 Chlorine in Chemical Processes 1 – 4 

34 Performance Standards for Metallic and/or Nonmetallic Mineral Mining 

and Processing 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

6-6
Effective 07-01-10 

CC Air Quality Regulations iii

 

Section TABLE OF CONTENTS Pages

35 Diesel Engine Powered Electrical Generating 

Equipment 

1 – 2 

40 Prohibitions of Nuisance Conditions 1 – 1 

41 Fugitive Dust 1 –3 

42 Open Burning 1 – 2 

43 Odors in the Ambient Air 1 – 1 

44 Prohibitions on Planting, Selling, or Offering to 

Sell Fruitless Mulberry and European Olive Trees 

1 – 2 

45 Idling of Diesel Powered Motor Vehicles 1 – 1 

49 Compliance Requirements for Boilers and Steam Generators 1 – 4 

50 Storage of Petroleum Products 1 – 2 

51 Petroleum Product Loading into Tanks, Trucks And Trailers 1 –2 

52 Gasoline Dispensing Facilities 

Table of Contents 

1 – 21 

 i – ii 

53 Oxygenated Gasoline Program 1 – 3 

54 Cleaner Burning Gasoline (CBG): Wintertime Program 

Suspended by the Board of County Commissioners, 

Effective 09/29/09 

n/a 

55 Preconstruction Review for New or Modified Stationary Sources in the 

8-Hour Ozone Nonattainment Area 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

58 Emission Reduction Credits 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

59 Emission Offsets 

Repealed by the Board of County Commissioners, 

Effective 07/01/10

n/a 

60 Evaporation and Leakage 1 – 3 

70 Emergency Procedures 1 – 2 

80 Circumvention 1 – 1 

6-7
Effective 07-01-10 

CC Air Quality Regulations iv

 

81 Provisions of Regulations Severable 1 – 1 

90 Fugitive Dust From Open Areas and Vacant Lots 1 – 9 

91 Fugitive Dust From Unpaved Roads, Unpaved Alleys, 

and Unpaved Easement Roads 

1 – 9 

92 Fugitive Dust From Unpaved Parking Lots; Material Handling 

and Storage Yards; and Vehicle and Equipment Storage Yards 

1 – 8 

93 Fugitive Dust From Paved Roads and Street Sweeping Equipment 1 – 10 

94 Permitting and Dust Control for Construction Activities 1 – 19 

6-8
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.

6-9
“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.

6-10
"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:

6-11
(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. 

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"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” 

6-22
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 

12.2.2.1(ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2;

(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. 

6-23
"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 

6-25
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 12.2.1.

"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.

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 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. 

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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). 

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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. 

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 (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). 

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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 

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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. 

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

20, 2005. 

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` 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 4 - CONTROL OFFICER

4.1 The administrative enforcement of the Regulations shall be performed by the 

CONTROL OFFICER. 

4.2 The CONTROL OFFICER, or his designated agent, shall carry out the policies of 

the Clark County Board of County Commissioners, and each of the CONTROL 

OFFICER's acts shall be subject to review by the Clark County Board of 

County Commissioners. 

4.3 The CONTROL OFFICER, or his representative, may enter into and inspect any 

property, premises or place on or at which an air contaminant source is 

located or is being constructed, installed or established at any reasonable 

time for the purpose of ascertaining the state of compliance with these 

Regulations. 

4.3.1 No person shall: 

4.3.2 Refuse entry or access to any authorized representative of the Clark County 

Board of County Commissioners who requests entry for purposes of 

inspection, as provided in this section, and who presents appropriate 

credentials. 

4.3.3 Obstruct, hamper or interfere with any such inspection. 

4.3.4 If requested, the owner or operator of the premises shall receive a report 

setting forth all facts found which relate to compliance status. 

4.4 The CONTROL OFFICER at any time may require from any person such 

information or analyses as will disclose the nature, extent, quantity or degree 

of air contaminants which are or may be discharged by such source, and 

type or nature of control equipment in use, and may require that such 

disclosures be certified by a professional engineer registered in the State. In 

addition to such report, the CONTROL OFFICER may designate an authorized 

agent to make an independent study and report as to the nature, extent, 

quantity or degree of any air contaminants which are or may be discharged 

from source. An authorized agent so designated is authorized to inspect any 

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article, machine, equipment, or other contrivance necessary to make the 

inspection and report. 

4.5 The CONTROL OFFICER may require any person responsible for EMISSION of 

air contaminants to make or have made tests to determine the EMISSION of 

air contaminants from any source, whenever the CONTROL OFFICER has 

reason to believe that an EMISSION in excess of that allowed by the Air 

Quality Regulations is occurring. The CONTROL OFFICER may specify testing 

methods to be used in accordance with good professional practice. The 

CONTROL OFFICER may observe the testing. All tests shall be conducted by 

reputable, qualified personnel. The CONTROL OFFICER shall be given a copy 

of the test results in writing and signed by the person responsible for the 

tests. 

4.6 The CONTROL OFFICER may conduct tests of EMISSIONs of air contaminants 

from any source. Upon request of the CONTROL OFFICER, the person 

responsible for the source to be tested shall provide necessary holes in 

stacks or ducts and such other safe and proper sampling and testing 

facilities, exclusive of instruments and sensing devices as may be necessary 

for proper determination of the EMISSION of air contaminants. 

4.7 Whenever the CONTROL OFFICER believes that a statute or regulation for the 

prevention, abatement or control of AIR POLLUTION has been violated, he 

shall cause written notice to be served in person or by certified mail upon the 

PERSON or PERSONS responsible for the alleged violation. 

4.7.1 The notice shall specify: 

4.7.1.1 The statute or regulation alleged to be violated. 

4.7.1.2 The facts alleged to constitute the violation. 

4.7.2 The notice may include an order to take corrective action within a reasonable 

time, which shall be specified. 

4.7.2.1 A Corrective Action Order issued pursuant to Subsection 4.7.2 becomes final unless 

appealed to the Air Pollution Control HEARING BOARD, in writing, within ten 

(10) days after it is mailed to the person ordered to take corrective action. 

4.7.2.2 A Corrective Action Order appealed to the Air Pollution Control HEARING BOARD is 

temporarily stayed pending disposition of the appeal by the Air Pollution 

Control HEARING BOARD. 

4.7.2.3 A Corrective Action Order appealed to the Air Pollution Control HEARING BOARD

becomes final immediately upon its affirmance by the Air Pollution Control 

HEARING BOARD. 

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4.7.2.4 Failure to comply with the terms of a final Corrective Action Order is a violation of 

these Regulations. 

4.7.3 With or without the issuance of an order pursuant to Subsection 4.7.2, or if 

corrective action is not taken within the time specified: 

4.7.3.1 The CONTROL OFFICER may notify the person or persons responsible for the alleged 

violation to appear before the Air Pollution Control HEARING BOARD at a 

specified time and place; or 

4.7.3.2 The CONTROL OFFICER may initiate proceedings before the Hearing Officer for the 

levying of the appropriate penalty and/or Order to Show Cause. 

4.7.4 Nothing in this Section prevents the Clark County Board of County 

Commissioners or the CONTROL OFFICER from making efforts to obtain 

voluntary compliance through warning, conference or other appropriate 

means. 

4.7.5 The CONTROL OFFICER may seek criminal fines not to exceed $10,000 per 

day per violation against any PERSON who knowingly violates any applicable 

permit requirement; any permit condition; or any fee or filing requirement. 

4.7.6 The CONTROL OFFICER may seek criminal fines not to exceed $10,000 per 

day per violation against any PERSON who knowingly makes false material 

statement, representation or certification in any form, in any notice or report 

required by a permit, or who knowingly renders inaccurate any required 

monitoring device or method. 

4.8 Upon a finding by the Air Pollution Control HEARING BOARD that a PERSON

has not complied with the terms of an order, or upon the levying of a penalty 

by the Hearing Officer and/or Air Pollution Control HEARING BOARD, the 

CONTROL OFFICER, in the name of the Clark County Board of County 

Commissioners, may initiate action in the District Court or other court of 

competent jurisdiction for injunctive relief, to collect the penalty levied, or for 

other appropriate remedy. 

4.9 It is a condition of the issuance of an OPERATING PERMIT or any registration 

required by these Regulations that the registrant or holder agrees to permit 

inspection of the premises to which the permit or registration relates by the 

CONTROL OFFICER at any time during the registrant's or holder's hours of 

operation without prior notice. This condition shall be stated on each 

registration or application form, and OPERATING PERMIT. 

4.10 If a source of air contaminant exists or is constructed without registration or is 

operated without an OPERATING PERMIT, the CONTROL OFFICER may inspect it 

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at any reasonable time, and may enter any premises to search for such a 

source If entry is refused, or prior to attempting to enter, the CONTROL 

OFFICER may apply to any magistrate for a search warrant. 

4.11 The CONTROL OFFICER shall maintain all procedural forms and instructions 

pertaining to procedures set forth in these Regulations, and shall make such 

forms and instructions available upon request of any interested party. 

4.12 Public Notification 

4.12.1 The CONTROL OFFICER shall notify the public on a regular basis of instances 

or areas in which any AMBIENT AIR quality standard was exceeded during any 

portion of the preceding calendar year. 

4.12.2 The CONTROL OFFICER shall advise the public of the health hazards 

associated with such an exceedance of an AMBIENT AIR quality standard. 

4.12.3 The CONTROL OFFICER shall increase the public awareness of 

(1) Measures which can be taken to prevent an AMBIENT AIR quality 

standard from being exceeded; and 

 (2) Ways in which the public can participate in regulatory and other efforts 

to improve air quality. 

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History: Amended: April 24, 1980; September 3, 1981; May 15, 1985; July 25, 1991; December 19, 1996; December 21, 

2000; June 3, 2003; July 1, 2004. 

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CLARK COUNTY 

AIR QUALITY REGULATIONS

 SECTION 5 - INTERFERENCE WITH CONTROL OFFICER

5.1 It is unlawful for any person: 

5.1.1 To hinder, obstruct, delay, resist, interfere with, or attempt to interfere with, 

the CONTROL OFFICER, or any individual to whom authority has been duly 

delegated for the performance of any duty by these Regulations. 

5.1.2 To refuse to permit the CONTROL OFFICER or any individual to whom such 

authority has been delegated, to administer or perform any function provided 

for herein, by refusing him at any reasonable time entrance to property or 

premises, except a private residence, containing equipment or open fire, 

discharging, or suspected and believed to be discharging, smoke, dust, gas, 

vapor, or odor into the open air. 

5.1.3 To fail to disclose information when requested under oath or otherwise, to 

the CONTROL OFFICER or any individual to whom such authority has been 

delegated. 

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CLARK COUNTY 

AIR QUALITY REGULATIONS 

 

SECTION 6 - INJUNCTIVE RELIEF

6.1 In addition to any remedy of law hereunder, the CONTROL OFFICER may apply to 

a court of competent jurisdiction for other equitable and injunctive relief to 

enforce compliance with, or to restrain violations of any provision of these 

Regulations, or of any regulation or rule made and adopted pursuant thereto. 

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 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 7 – AIR POLLUTION CONTROL HEARING BOARD AND HEARING 

OFFICER

7.1 The Air Pollution Control HEARING BOARD shall select a Chairman and ViceChairman and such other officers as it deems necessary and, subject to the 

approval of the Clark County Board of County Commissioners, may adopt a 

manual of procedures to govern its operation. 

7.2 Members of the Air Pollution Control HEARING BOARD shall serve the following 

terms: Three shall be appointed for a term of one year, three shall be 

appointed for a term of two years and one shall be appointed for a term 

of three years. Each succeeding term shall be for a period of three years. 

7.3 The HEARING OFFICER(s) shall act, independent of each other in regards to 

decisions. HEARING OFFICER(s) shall be selected by the Clark County Board 

of County Commissioners, from qualified applicants to the Department of Air 

Quality and Environmental Management. The HEARING OFFICER(s) will be an 

independent contractor who serves at the pleasure of the Clark County 

Board of County Commissioners. The Clark County Board of County 

Commissioners shall review and set such fees as are paid to the HEARING 

OFFICER and shall be in accord with the fee schedule(s) annually approved 

by the Clark County Board of County Commissioners. 

7.4 Alleged Violations: 

7.4.1 Alleged Violations without Corrective Action: 

7.4.1.1 The CONTROL OFFICER may notify person or persons responsible for an alleged 

violation to appear before the HEARING OFFICER. 

7.4.1.2 If a hearing upon an alleged violation is held and if the Hearing Officer finds that a 

violation has occurred: 

7.4.1.2.1 The HEARING OFFICER may levy such penalty that he deems appropriate to 

the violation, in accordance with Section 9 of these Regulations. 

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7.4.1.2.2 If the HEARING OFFICER determines that emissions in excess of any limits, 

contained in the Regulations, were the result of a malfunction, then he shall 

dismiss the Notice of Violation, except as otherwise provided herein. In 

determining whether or not a malfunction occurred, the HEARING OFFICER

may use the guidelines of Subsection 25.1.1. 

7.4.2 Alleged Violations with Corrective Action: 

7.4.2.1 If an alleged violator does not agree with a Corrective Action Order issued by the 

CONTROL OFFICER, he may appeal to the Air Pollution Control HEARING 

BOARD. 

7.4.2.2 The Air Pollution Control HEARING BOARD may affirm, modify, or rescind a Corrective 

Action Order previously issued by the CONTROL OFFICER; and 

7.4.2.2.1 The Air Pollution Control HEARING BOARD may issue an order for abatement, 

control or other appropriate corrective action. 

7.5 Request for Variance 

7.5.1 The owner or operator of a source of Air Contaminant or a person who 

desires to establish such a source may apply to the Air Pollution Control 

HEARING BOARD for a variance. There shall be a $140.00 fee for filing any 

request for a variance. The Air Pollution Control HEARING BOARD may grant a 

variance only if, after public hearing on due notice, it finds from a 

preponderance of the evidence that: 

7.5.1.1 The emissions occurring or proposed do not endanger or tend to endanger human 

health or safety; and 

7.5.1.2 Compliance with the Regulations would produce serious hardship without equal or 

greater benefits to the public. 

7.5.2 Variance Applicants shall truthfully disclose all information required to 

process the variance application. Information determined to be false or 

misrepresented shall void the variance application and the application fee 

shall be forfeit. 

7.5.2.1 Variances granted based on false or misrepresented application information shall be 

nullified by the Air Pollution Control HEARING BOARD and may result in 

enforcement action. All fees paid for the variance shall be forfeit. 

7.5.3 A variance shall not be granted unless the Air Pollution Control HEARING 

BOARD has considered the relative interests of first, the public; second, other 

owners of property likely to be affected by the EMISSIONS; and last, the 

applicant. 

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 Amended 07/01/04 7-3 

CC Air Quality Regulations 

7.5.4 The Air Pollution Control HEARING BOARD may in granting a variance impose 

appropriate conditions upon an applicant, and may revoke the variance for 

failure to comply. 

7.5.5 No STATIONARY SOURCE shall be granted a variance from any applicable 

requirement, as defined in Section 0, or any requirement in Section 19. 

7.6 Renewals of Variance 

7.6.1 A variance may be renewed only under circumstances and upon conditions 

which would justify its original granting. 

7.6.2 Application for any renewal must be made at least sixty (60) days prior to 

expiration of the variance to be renewed, and the Air Pollution Control 

HEARING BOARD shall give public notice of the application. 

7.6.3 If a protest is filed with the Air Pollution Control HEARING BOARD against the 

renewal, the Air Pollution Control HEARING BOARD shall hold a public hearing 

and shall not renew the variance unless it makes specific, written findings, of 

fact which justify the renewal. 

7.7 Duration of Variance 

7.7.1 If the variance is granted for any reason, it shall be granted for one year or 

less. 

7.8 No applicant is entitled to the granting or renewal of a variance as a 

 right. 

7.9 Advice 

7.9.1 Any interested person may file a petition with the Air Pollution Control 

HEARING BOARD for a declaratory order or advisory opinion as to the 

applicability of these Regulations or of actions by the Clark County Board of 

County Commissioners, or the CONTROL OFFICER. 

7.10 Appeals 

7.10.1 Any person aggrieved by: 

7.10.1.1 The issuance, denial, renewal, suspension or revocation of an OPERATING 

PERMIT; or 

7.10.1.2 The issuance, modification or rescission of any other order by the CONTROL 

OFFICER may appeal to the Air Pollution Control HEARING BOARD. 

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 Amended 07/01/04 7-4 

CC Air Quality Regulations 

7.10.2 The Air Pollution Control HEARING BOARD shall decide the appeal, and may 

order the affirmance, modification or reversal of any action taken by the 

CONTROL OFFICER which is the subject of the appeal. 

7.10.3 The Air Pollution Control HEARING BOARD shall decide the appeal, and may 

order the affirmance, modification or reversal of any action taken by the 

HEARING OFFICER which is the subject of the appeal. 

7.10.4 The Air Pollution Control HEARING BOARD shall provide by rule for the time 

and manner in which appeals are to be taken to the Air Pollution Control 

HEARING BOARD. Appeals from any order issued pursuant to Subsection 

4.7.2 shall be made in writing within ten (10) days of receipt by the violator of 

the order or from receipt by the violator of the written decision of the HEARING 

OFFICER, whichever is later. 

7.11 Judicial Review 

7.11.1 Any person aggrieved by an order or decision of the Air Pollution Control 

HEARING BOARD may seek judicial review in accordance with law. 

7.11.2 Judicial review procedures for permits issued pursuant to Section 19. 

7.11.2.1 Any person aggrieved by the following may seek judicial review: 

 (a) Failure of the CONTROL OFFICER to take final action within the time 

specified in Section 19: 

 (1) Permit Issuance 

 (2) Permit Renewal 

 (3) Permit Revision 

 (b) Failure of the CONTROL OFFICER to take final action on an application 

requesting minor permit modification within ninety (90) days of receipt 

of such application. 

 (c) Failure of the CONTROL OFFICER to reopen a permit under Subsection 

19.5.6.1(e). 

7.11.2.2 Subsection 7.11 shall be the exclusive means for obtaining judicial review of 

the permit terms and conditions 

7.11.2.3 Petitions requesting judicial review shall be filed no later than thirty (30) days 

after the final decision of the Air Pollution Control HEARING BOARD as 

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 Amended 07/01/04 7-5 

CC Air Quality Regulations 

provided in Subsection 7.10.2, or the failure of the CONTROL OFFICER to act 

as set forth in Subsection 7.11.2.1. 

7.12 Procedures 

7.12.1 The Air Pollution Control HEARING BOARD shall meet within twenty (20) days 

after receipt of a request by the AIR QUALITY COMMITTEE, the CONTROL 

OFFICER, or on its own initiative. 

7.12.2 The Chairman, or in his absence the Vice-Chairman of the Air Pollution 

Control HEARING BOARD, may issue subpoenas to compel attendance of any 

person at hearing, and require the production of books, records, and other 

documents material to a hearing. 

7.12.3 Four members of the Air Pollution Control HEARING BOARD must be present 

to hold a hearing, and a majority of those present must concur in any 

decision. 

7.12.4 All testimony must be given under oath and recorded verbatim, by human or 

electronic means. Upon request, the Chairman shall provide for a transcript 

at the expense of the requesting party. 

7.12.5 Air Pollution Control HEARING BOARD procedures shall be governed by a 

manual of procedures adopted by the Board where not inconsistent with 

Chapter 233B of NRS. 

7.12.6 For the purpose of this Subsection an order of the Air Pollution Control 

HEARING BOARD shall be final ten (10) days after mailing to or personal 

service upon all of the aggrieved parties. 

7.12.7 An aggrieved party may request a rehearing before the Air Pollution Control 

HEARING BOARD within ten (10) days of his receipt of the final order. 

7.13 Procedures of the HEARING OFFICER

7.13.1 The HEARING OFFICER(s) shall meet upon the request of the CONTROL

OFFICER or on their own initiative. 

7.13.2 The HEARING OFFICER may issue subpoenas to compel attendance of any 

person at the hearing, and require the production of books, records, and 

other documents material to a hearing. 

7.13.3 The decision of the HEARING OFFICER or the CONTROL OFFICER shall be final 

unless the violator or the CONTROL OFFICER petitions for appeal of the 

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 Amended 07/01/04 7-6 

CC Air Quality Regulations 

decision to the Air Pollution Control HEARING BOARD pursuant to Subsection 

7.10. 

7.13.4 All testimony shall be given under oath and recorded verbatim, by human or 

electronic means. Upon request, the HEARING OFFICER shall provide for a 

transcript at the expense of the requesting party. 

7.13.5 HEARING OFFICER shall be governed by a manual of procedures adopted by 

the Clark County Board of County Commissioners, consistent with the Air 

Pollution Control HEARING BOARD procedures and policies and where not 

inconsistent with Chapter 233B of NRS. 

7.13.6 For the purpose of this Subsection, a written order of the HEARING OFFICER

shall be final ten (10) days after mailing to or personal service upon all of the 

affected parties. 

7.13.7 Actions of the HEARING OFFICER will be forwarded as an informational item to 

the Air Pollution Control HEARING BOARD. 

7.14 Conflict of Interest 

7.14.1 A HEARING OFFICER or a member of the Air Pollution Control HEARING BOARD

may vote upon or consider a matter, if the benefit or detriment accruing to 

him as a result of the decision either individually or in a representative 

capacity as a member of a general business profession, occupation or 

group, is not greater than that accruing to any other member of the general 

business, profession, occupation or group. 

7.14.2 A HEARING OFFICER or a member of the Air Pollution Control HEARING BOARD

shall not vote upon, consider, or advocate the passage or failure of, but may 

otherwise participate in the consideration of a matter with respect to which 

the independence of judgment of a reasonable person in his situation would 

be materially affected by: 

 (a) His acceptance of a gift or loan; 

 (b) His pecuniary interest; or 

 (c) His commitment in a private capacity to the interest of others. 

7.14.3 If a member of the Air Pollution Control HEARING BOARD declares that he will 

abstain from voting because of the requirements of Subsection 7.14.2, the 

necessary quorum to act upon and the number of votes necessary to act 

upon the matter, is reduced as though the member abstaining were not a 

member of the Air Pollution Control HEARING BOARD

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 Amended 07/01/04 7-7 

CC Air Quality Regulations 

7.14.4 If a HEARING OFFICER declares that he must abstain from rendering a 

decision because of the requirements of Subsection 7.14.2, the scheduled 

hearing will then be forwarded to a second HEARING OFFICER. If there are no 

qualified individuals, then the HEARING OFFICER(s) who are not disqualified 

per Subsection 7.14.2, then the Air Pollution Control HEARING BOARD will take 

action on the item as the reviewing administrative body. 

History: Amended: September 3, 1981; July 8, 1985; April 23, 1987; November 18, 1993; May 26, 1994; December 19, 

1996; April 24, 1997; December 21, 2000; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 8-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 8 - PERSONS LIABLE FOR PENALTIES - PUNISHMENT: 

DEFENSE

8.1 All PERSONS owning, operating, or in control of any equipment or property who 

shall cause, permit, or participate in, any violation of these Regulations shall 

be individually and collectively liable to any penalty or punishment imposed by 

and under these Regulations. 

8.2 It shall be a defense to any prosecution instituted against any employee or a 

PERSON owning, operating, or conducting any business, industry, or operation 

that the acts complained of were done and performed pursuant to the orders 

and directions of such OWNER OR OPERATOR, or his agent or representative, 

conducting such business, industry or operation. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: December 28, 1978; February 20, 2001; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 9-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 9 - CIVIL PENALTIES

9.1 Any person who violates any provision of these Regulations, including, but not 

limited to, any application requirement; any permit condition; any fee or filing 

requirement; any duty to allow or carry out inspection, entry or monitoring activities 

or any requirements by the Department of Air Quality and Environmental 

Management is guilty of a civil offense and shall pay civil penalty levied by the Air 

Pollution Control HEARING BOARD and/or the HEARING OFFICER of not more than 

$10,000. Each day of violation constitutes a separate offense. 

9.2 The following penalties apply to violations of Section 42 (Open 

Burning) 

 

9.2.1 First Violation $ 200.00 

9.2.2 Second Violation $ 400.00 

9.3 The following minimum penalties apply to violations of Section 94 

(Permitting and Dust Control for CONSTRUCTION ACTIVITIES) 

(effective date January 1, 2001): 

 

9.3.1 Violation of Section 94.4.5 (Failure to post sign) $ 250.00 

9.3.2 Violation of Section 94.4.11 (Failure to have Dust Monitor on Site 

$ 250.00 

 

9.3.3 Violation of Section 94.6.6 or 94.7 (Failure to attend required Dust 

Control Class) $ 250.00 

 

9.3.4 Any failure to comply as set forth in Section 94.6.7 $ 500.00 

9.3.5 Any failure to comply as set forth in Section 94.6.8(a), Section 

94.6.8(c), Section 94.6.8(e) or Section 94.6.8(f) $1,000.00 

 

9.3.6 Any failure to comply as set forth in Section 94.6.8(b) or Section 

94.6.8(d) $2,000.00 

9.4 The minimum penalty for any violation of Section 90 (FUGITIVE 

DUST From OPEN AREAS AND VACANT LOTS) (effective date January 

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Amended 07/01/04 9-2 

CC Air Quality Regulations 

1, 2001) is: $ 500.00 

 

9.5 The minimum penalty for any violation of Section 91 (FUGITIVE 

DUST From Unpaved Roads, Unpaved Alleys and Unpaved 

EASEMENT Roads) is: $ 500.00 

 

9.6 The minimum penalty for any violation of Section 92 (FUGITIVE 

DUST From UNPAVED PARKING LOTS) is: $ 500.00 

 

9.7 The minimum penalty for any violation of Section 93 (FUGITIVE 

DUST from PAVED Roads and Street Sweeping Equipment) 

(effective date January 1, 2001) is: $ 500.00 

 

9.8 For a FUGITIVE DUST violation at any commercial site where the 

current permit for CONSTRUCTION ACTIVITIES covers 1 acre or more, 

the minimum penalty shall be not less than: (in effect until 

December 31, 2000) $2,000.00 

 

9.9 The minimum penalty for a FUGITIVE DUST violation at any 

STATIONARY SOURCE shall be: $2,000.00 

 

9.10 The minimum penalty for a violation of Section 4.7.2.4 (failure to 

comply with the terms of a final Corrective Action Order) related to 

CONSTRUCTION ACTIVITIES or at a STATIONARY SOURCE capable of 

emitting PARTICULATE MATTER shall be: $2,000.00 

 

9.11 The minimum penalty for violation of Section 26 (EMISSION of 

Visible Air Contaminants), Section 14 (Visible EMISSION Limitation 

based on New Source Performance Standards), Section 12 

(Preconstruction Review for New or Modified STATIONARY 

SOURCES), or EMISSION limitation violations of Section 16 

(Operating Permits) shall be: $2,000.00 

9.12 Any person aggrieved by an order issued pursuant to this section is entitled to 

review as provided in Chapter 233B of NRS. 

9.13 Nothing contained in Section 9 of these Regulations shall be construed as limiting 

the authority of the Air Pollution Control HEARING BOARD or HEARING OFFICER to 

take other appropriate remedies as provided in these Regulations. 

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History: Amended : September 3, 1981; January 25, 1990; May 28, 1992; November 18, 1993; December 19, 1996; 

April 24, 1997; June 22, 2000; December 21, 2001; June 3, 2003; July 1, 2004. 

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______________________________________________________________________ 

Amended 07/01/04 10-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

SECTION 10 - COMPLIANCE SCHEDULES

10.1 Any existing source not in compliance with EMISSION limitations hereinafter 

adopted, or which is not operating under a compliance schedule approved by 

the Air Pollution Control HEARING BOARD, shall submit a compliance schedule 

to the CONTROL OFFICER for review no later than 90 days after adoption of such 

EMISSION limitations. 

10.2 The Air Pollution Control HEARING BOARD shall hold a public hearing on each 

compliance schedule within 60 days after submission of such schedule to the 

CONTROL OFFICER. 

10.3 The Air Pollution Control HEARING BOARD may approve, disapprove, alter, or 

change all or any part of a compliance schedule, or may impose its own 

schedule upon the source involved. 

10.4 Compliance schedules shall contain as a minimum:

10.4.1 A narrative description of how the source will achieve compliance with such 

requirements and a schedule of remedial measures, including an 

enforceable sequence of actions with milestones, leading to compliance with 

APPLICABLE REQUIREMENTS. 

10.4.2 Any such schedule of compliance shall not sanction noncompliance with the 

APPLICABLE REQUIREMENTS on which it is based. 

10.4.3 A schedule for submission of certified progress reports. 

10.4.4 Appropriate increments of progress. 

10.4.5 Final date of compliance with the appropriate EMISSION 

limitations. 

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

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Amended 07/01/04 11-1 

CC Air Quality Regulations

 CLARK COUNTY 

AIR QUALITY REGULATIONS 

USECTION 11 - AMBIENT AIR QUALITY STANDARDSU 

11.1 Definitions: 

11.1.1 “Primary standards” means standards that set limits to protect public 

health, including the health of “sensitive” populations such as asthmatics, 

children, and the elderly. 

11.1.2 “Secondary standards” means standards that set limits to protect public 

welfare, including protection against decreased visibility, damage to 

animals, crops, vegetation, and buildings. 

11.1.3 “ μg/mP

3 P“ means micrograms of all contaminant per cubic meter of air. 

11.1.4 “ mg/mP

3

P “ means milligrams of air contaminant per cubic meter of air. 

11.1.5 “ppm” means parts of air contaminant by volume per million parts of air 

by volume. 

11.2 The following concentrations of air contaminants shall not be 

exceeded at any single point in the ambient air: 

 

National Ambient Air Quality Standards (NAAQS) 

Pollutant Standard Standard Value* Standard Type 

Carbon Monoxide (CO) 8-Hour Average 9 ppm (10 mg/mP

3

P) Primary 

1-Hour Average 35 ppm (40 mg/mP

3

P) Primary 

Nitrogen Dioxide (NOB

2B) Annual Arithmetic Mean 0.053 ppm (100 μg/mP

3

P) Primary & Secondary 

Ozone (OB

3B) 1-Hour Average 0.12 ppm (235 μg/mP

3

P) Primary & Secondary 

8-Hour Average 0.08 ppm (157 μg/mP

3

P) Primary & Secondary 

Lead (Pb) Quarterly Average 1.5 μg/mP

3

P Primary & Secondary 

Particulate Matter (PMB

10B) Annual Arithmetic Mean 50 μg/mP

3

P Primary & Secondary 

24-Hour Average 150 μg/mP

3

P Primary & Secondary 

Particulate Matter 

(PMB

2.5B) 

Annual Arithmetic Mean 15 μg/mP

3

P Primary & Secondary 

24-Hour Average 65 μg/mP

3

P Primary & Secondary 

Sulfur Dioxide (SOB

2B) Annual Arithmetic Mean 0.03 ppm (80 μg/mP

3

P) Primary 

24-Hour Average 0.14 ppm (365 μg/mP

3

P) Primary 

3-Hour Average 0.50 ppm (1300 μg/mP

3

P) Secondary 

* Parenthetical value is an approximate equivalent concentration. 

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Amended 07/01/04 11-2 

CC Air Quality Regulations

11.3 Measurement Methods

 The methods of measurement for AMBIENT Air Quality Standards 

described in Subsections 11.2, inclusive, shall be those prescribed in 

Title 40 CFR Part 50 Appendix A through N as amended. 

11.4 Adoption of these AMBIENT Air Quality Standards shall not be 

considered in any manner to allow significant deterioration of 

existing air quality in any portion of Clark County. 

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History: Amended: October 25, 1979; April 23, 1987; May 27, 1993; February 20, 2001; June 3, 2003; BCC-October 

7, 2003, effective October 21, 2003; July 1, 2004. 

6-54
SECTION 12.0: APPLICABILITY, GENERAL REQUIREMENTS AND TRANSITION 

PROCEDURES

12.0 Applicability, General Requirements and Transition Procedures.......................... 1

12.0.1 Applicability ............................................................................................. 1

12.0.2 General Requirements............................................................................ 1

12.0.3 Transition Procedures............................................................................. 2

6-55
12.0 Applicability, General Requirements and Transition Procedures

12.0.1 Applicability

The requirements of Section 12 apply as follows:

(a) Section 12 is applicable to any stationary source located in Clark 

County, Nevada, except for a plant which generates electricity by using steam produced by the burning of fossil fuel, which shall be permitted under the jurisdictional requirements of the Nevada Division of 

Environmental Protection (NDEP).

(b) Section 12.1 is applicable to any stationary source located in Clark 

County that has a potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.1.1(c) but 

has a potential to emit less than necessary for it to be a major stationary source under Sections 12.2.2.1(ff) or 12.3.2(y), or a major 

source under 40 CFR § 70.2. This includes any Part 70 source that is 

exempt from the requirement to obtain a Part 70 Permit and that has 

a PTE equal to or greater than the thresholds listed in 12.1.1(c). 

(c) Section 12.2 is applicable to any stationary source located in Clark 

County that has the potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.2.2.1(ff) or 

makes any change that meets the definition of a major modification in 

Section 12.2.2.1(dd) and is located in an area designated attainment 

or unclassified for the specific pollutant emitted.

(d) Section 12.3 is applicable to any stationary source located in Clark 

County that has a potential to emit a regulated air pollutant that is 

equal to or greater than the thresholds listed in Section 12.3.2(y) or 

makes any change that meets the definition of a major modification in 

Section 12.3.2(x) and is located in an area designated nonattainment 

for the specific pollutant emitted. 

(e) Sections 12.4 and 12.5 are applicable to any stationary source that is 

required to obtain a Part 70 Operating Permit. Section 12.4 contains 

the application requirements for any major source subject to the requirements of Sections 12.2, 12.3 or 12.5.

(f) Section 12.11 is applicable to any stationary source that is not a major stationary source, with a potential to emit that equals or exceeds 

the thresholds listed in Section 12.1.1(c) and that meets the applicability requirements specified in Section 12.11.1.

12.0.2 General Requirements

All stationary sources, including any stationary source not required to obtain 

a Permit to Operate under these regulations, shall be subject to other appli6-56
cable requirements that regulate activities at stationary sources, even 

though a Permit to Operate is not required. Such applicable requirements 

include, but are not limited to, opacity standards, nuisance prohibitions, and 

fugitive dust control.

12.0.3 Transition Procedures 

(a) Unless otherwise provided in the permit, the conditions in an Authority to Construct Permit, Permit to Operate or Part 70 Operating Permit 

issued by the Control Officer before the effective date of these regulations continues in effect until one of the following occurs:

(1) The Authority to Construct Permit, Permit to Operate or Part 70 

Operating Permit is terminated.

(2) The Control Officer issues or denies a permit to the source pursuant to Section 12.1, 12.4, 12.5, or 12.11 after the effective 

date of these regulations.

(b) After the effective date of these regulations, all minor sources shall 

be subject to Section 12.1 as follows:

(1) A minor source that has submitted an application for a permit 

authorizing its construction and has not been issued a permit 

before the effective date of these regulations shall have that application processed pursuant to Section 12.1 as amended on 

this date, unless its application was deemed complete before 

the effective date of these regulations. If the application was 

deemed complete before the effective date of these regulations, 

then the application shall be processed pursuant to the requirements of Section 12 as they existed at that time. 

(2) An existing minor source operating under a permit issued by the 

Control Officer prior to the effective date of these regulations 

must submit an application within five years of this date or earlier if requested in writing by the Control Officer.

(3) An existing minor source that does not have an initial minor 

source permit may submit a permit application at any time after 

the effective date of these regulations, but shall submit a permit 

application within one hundred eighty (180) days of receipt of 

written notice from the Control Officer that an application is required.

(4) An existing minor source making a change that is subject to the 

notice, logging or permit revision provisions under Section 

12.1.5, as amended on the effective date of these regulations, 

shall comply with the provisions of that section.

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(c) After the effective date of these regulations, all Part 70 sources required to obtain a Part 70 Operating Permit shall be subject to Sections 12.2, 12.3, 12.4, and/or 12.5 in accordance with the provisions 

in those sections. 

History: Adopted November 3, 2009

6-58
SECTION 12.1: PERMIT REQUIREMENTS FOR MINOR SOURCES

12.1 Permits for Minor Sources............................................................................... 1

12.1.0 Applicability ..................................................................................................... 1

12.1.1 Definitions ....................................................................................................... 1

12.1.2 Emission Units and Activities Exempt from Permit Requirements................... 2

12.1.3 Permit Application ........................................................................................... 5

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing 

Minor Sources................................................................................. 5

12.1.3.2 Timely Application........................................................................... 5

12.1.3.3 Complete Application ...................................................................... 6

12.1.3.4 Permit Application Shield ................................................................ 6

12.1.3.5 Duty to Supplement or Correct Application ..................................... 6

12.1.3.6 Application Contents ....................................................................... 7

12.1.4 Permit Content ................................................................................................ 9

12.1.4.1 Terms and Conditions ..................................................................... 9

12.1.4.2 Acknowledgment of Responsibility for Compliance....................... 15

12.1.5 Permit Application Processing Procedures ................................................... 15

12.1.5.1 Action on Application..................................................................... 15

12.1.5.2 Permit Processing Deadlines ........................................................ 16

12.1.5.3 Public Participation........................................................................ 16

12.1.5.4 Permit Transfers............................................................................ 19

12.1.6 Revisions to an Existing Minor Source Permit............................................... 19

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and 

Standards...................................................................................................... 24

6-59
12.1 Permits for Minor Sources

12.1.0 Applicability

Section 12.1 is applicable to any stationary source located in Clark County 

that has the potential to emit (PTE) a regulated air pollutant equal to or 

greater than the thresholds listed in Section 12.1.1(c), but less than the major source thresholds listed in 12.2.2.1(ff) or 12.3.2(y). This includes any 

Part 70 source that is exempt from the requirement to obtain a Part 70 Permit and has a PTE that equals or exceeds the thresholds listed in Section 

12.1.1(c) or that takes a Voluntarily Accepted Emission Limit pursuant to 

Section 12.1.7.

12.1.1 Definitions

Unless the context requires otherwise, the following terms shall have the 

meanings set forth below for purposes of Section 12.0, 12.1, 12.4, 12.5, and 

12.11. When a term is not defined, it shall have the meaning provided in 

Section 0, Chapter 9.08 of the Clark County Code, Nevada Revised Statutes (NRS) § 445B, the Federal Clean Air Act, or common usage, in that 

order of priority.

(a) “Exempt stationary source” means any stationary source with a potential to emit that is less than the levels listed in paragraph (c) below 

or that is listed in Section 12.1.2.

(b) “Existing minor source” means any minor source that has been issued an “Authority to Construct” or “Permit to Operate” and that has 

not been issued an initial minor source permit but is required to have 

one, or that is determined by the Control Officer to be an exempt stationary source prior to the effective date of this rule. 

(c) “Minor source” means a stationary source that is not required to obtain an “Authority to Construct” pursuant to Section 12.4.3 or a Part 

70 Operating Permit and that has a potential to emit equal to or 

greater than the following levels for any listed pollutant: 

Type of Air Pollutant Potential to Emit (tpy)

PM10 5

CO 25

VOC 5

NOx 5

SO2 25

Lead (Pb) 0.3

H2S 1

6-60
(d) “Minor Source Permit” means a single permit that authorizes the 

construction and operation of a new minor source or the modification 

and operation of an existing minor source. 

(e) "Modification" or "Modify" means a physical change in, or a change in 

the method of operation, of a minor source that increases the 

source’s potential to emit any regulated air pollutant. 

(f) “New minor source” means any stationary source that has had its 

application for an initial minor source permit authorizing its construction and operation declared complete pursuant to Section 12.1.3.3 after [the effective date of this rule].

(g) “Significant” means an increase at a minor source in the potential to 

emit of any of the following pollutants at a rate that would equal or 

exceed any of the following: 

Type of Air Pollutant Potential to Emit (tpy)_

PM10 7.5

CO 35

VOC 20

NOx 20

SO2 40

Lead (Pb) 0.6

H2S 5

Total Reduced Sulfur (including H2S) 5

12.1.2 Emission Units and Activities Exempt from Permit Requirements

(a) Construction and operation of any emission units or performance of 

any of the activities listed in Sections 12.1.2(c) or 12.5.2.5 shall be 

exempt from the requirement to obtain a permit under Section 12 

subject to the following requirements:

(1) The exempt emission units and activities shall be listed in the 

source’s application and permit; 

(2) The exempt emission units and activities shall remain subject to 

any other applicable requirements; and

(3) The potential to emit of all exempt units and activities shall be 

considered in determining if a stationary source is required to 

obtain a permit pursuant to Sections 12.1, 12.2, 12.3, 12.4, or 

12.5.

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(b) If a stationary source, based on information submitted by its owner or 

operator, is determined by the Control Officer to be an exempt stationary source, or is categorically exempt under paragraph (c), the 

owner or operator may request a letter of exemption confirming that 

status. The letter shall list all exempt emission units and activities.

(c) The following emission units and activities are exempt from the permitting requirements of Section 12.1:

(1) A laboratory, which means a place or activity, such as a medical, analytical, or veterinary laboratory, devoted to experimental 

study or teaching or to the testing and analysis of drugs, chemicals, chemical compounds, or other substances, or to similar activities, provided that these activities are conducted on a 

laboratory scale and not sold or distributed commercially. Support activities necessary to the operation of the laboratory are 

considered part of the laboratory. Support activities do not include the provision of power to the laboratory from emission 

units that provide power to multiple projects or that would otherwise require permitting, such as boilers providing power to a 

source or solid waste disposal units (such as incinerators);

(2) Production of hot water for use by on-site personnel not related 

to any industrial or production process;

(3) Emissions associated with paved and unpaved roads and parking lots that have public access, as well as activities associated 

with the repair and maintenance of paved and unpaved roads, 

including paving or sealing, or both, of parking lots and roadways. Such activities and emissions are subject to the requirements of Sections 91 and 92 of these regulations;

(4) Temporary “padding” machines used on an underground utility 

project, including the engine that powers them, provided there is 

no crusher and the project is being performed under the conditions of a Dust Control Permit issued pursuant to Section 94; 

(5) Temporary on-site demolition debris “grinders,” including the 

engine that powers them, provided the project is being performed under the conditions of a Dust Control Permit issued 

pursuant to Section 94;

(6) Temporary trenching machines, including the engine that powers them, provided the project is being perf PERMIT REQUIREMENTS FOR MINOR SOURCES ormed under the 

conditions of a Dust Control Permit issued pursuant to Section 

94;

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(7) Temporary operations and experimental trials that involve construction, reconstruction, or modification of a source or emission 

unit and that meet the following criteria:

(A) The construction, reconstruction, or modification will not increase the affected stationary source’s potential to emit in 

excess of the applicable major source threshold as defined 

in Section 12.2.2(ff) or 12.3.2(y);

(B) The cumulative potential to emit from the construction, reconstruction, or modification of an emission unit or a stationary source will not increase the cumulative potential to 

emit of the affected stationary source by more than fifteen 

(15) tons of all regulated pollutants for the duration of the 

operation;

(C) The duration of the temporary operation or experimental 

trial is less than thirty (30) days of total operating time;

(D) If the construction, reconstruction, or modification activities 

are part of a soil or water remediation project, and their 

purpose is to identify parameters necessary to design the 

project, the activities are exempt from permitting if their duration is less than twenty-four (24) hours or, as determined 

necessary by the Control Officer, a greater period, not to 

exceed seventy-two (72) hours, based on the nature of the 

activities;

(E) If the construction, reconstruction, or modification would 

otherwise require a permit revision, the owner or operator 

shall provide the Control Officer written notice of the proposed construction, reconstruction, or modification at least 

seven (7) days before it begins. The notice shall contain 

the following information:

(i) A description of the purpose of the construction, reconstruction, or modification.

(ii) A description of how the construction, reconstruction, or modification is experimental or not part of 

the normal operation or production of the facility or 

source;

(iii) The dates the owner or operator anticipates the 

construction, reconstruction, or modification will begin, operations will begin, and operations will cease;

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(iv) An estimate of the potential emissions increase and 

the estimated actual emissions increase resulting 

from the construction or reconstruction; and

(v) The equipment involved in the construction, reconstruction, or modification.

(F) If the construction, reconstruction, or modification would 

otherwise require a permit revision, the owner or operator 

shall provide the Department with written notice of the proposed construction, reconstruction, or modification no 

more than seven (7) days after concluding the temporary 

operation or experimental trial. The notice shall contain the 

following information:

(i) The actual start date of the construction, reconstruction, or modification;

(ii) The duration of the temporary operation or experimental trial; and

(iii) The actual emissions during the temporary operation or experimental trial.

(G) The exemption provided by Section 12.1.2(c)(7) shall not 

apply to facilities or sources whose normal course of business involves operations that are experimental in nature, 

part of pilot plants, or characterized by frequent product 

changes.

12.1.3 Permit Application

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing 

Minor Sources

Except as provided in Section 12.1.6, no person shall commence construction of, operate, or make a modification to a minor source except in compliance with a minor source permit that authorizes such construction, 

operation, or modification. 

12.1.3.2 Timely Application

(a) An existing minor source that does not have an initial minor source 

permit issued pursuant to Section 12.1 prior to the effective date of 

this regulation may submit a permit application at any time after the 

effective date of this section, but shall submit a permit application 

within one hundred eighty (180) days of receipt of written notice from 

the Control Officer that an application is required.

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(b) For purposes of permit renewal, a timely application is one that is 

submitted to the Control Officer at least one hundred twenty (120) 

days, but no more than two hundred seventy (270) days, before the 

date of permit expiration.

12.1.3.3 Complete Application

To be deemed complete, an application must contain all information required under Section 12.1.3.6. It must also be accompanied by payment of 

the applicable fee(s) established in Section 18. Unless the Control Officer 

determines that an application is not complete within sixty (60) days of receipt, the application shall be deemed complete. If, while processing an application that has been deemed complete, the Control Officer determines 

that additional information is necessary to evaluate or take final action on 

the application, he or she may request such information in writing and set a 

reasonable deadline for its submission. Failure to provide the additional information by the deadline could result in denial of the application. 

12.1.3.4 Permit Application Shield

If an existing minor source submits a timely and complete application for 

continued operation under an initial minor source permit or renewal of a minor source permit, the source’s failure to have the permit or renewal is not a 

violation of these regulations until the Control Officer takes final action on 

the application. This application shield shall cease to apply if, after a completeness determination, the applicant fails to submit any additional information identified as needed to process the application by a deadline the 

Control Officer has specified in writing.

12.1.3.5 Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts or submits incorrect information in a permit application shall, upon becoming aware of such failure 

or incorrect submission, submit such supplementary facts or corrected information promptly. An applicant shall also provide additional information as 

necessary to address any requirements that become applicable to the 

source after the date the applicant files a complete application, but before 

release of a draft permit.

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12.1.3.6 Application Contents

(a) A permit application for (1) a new minor source, (2) an existing minor 

source that has not been issued an initial permit, (3) the renewal of 

an existing minor source permit, (4) a voluntarily accepted emission 

limitation or standard, (5) a significant permit revision to a minor 

source permit, or (6) a minor permit revision to a minor source permit 

shall contain the following information:

(1) Identifying information, including but not limited to company 

name and address (and plant name and address, if different 

from the company name), owner or operator’s name and agent, 

email address, telephone number and name(s) of plant site 

manager/contact with associated email addresses and telephone numbers.

(2) A description of the source’s processes and products using the 

North American Industrial Classification System (NAICS);

(3) The following emissions-related information:

(A) The potential to emit of all regulated air pollutants emitted 

from each emission unit. 

(B) Identification and description, including but not limited to 

manufacturer, model, rating and serial number of each 

emission unit in sufficient detail to establish the applicable 

requirements;

(C) The following information, to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, material usage rates, production rates, and operating 

schedules;

(D) Identification and description of air pollution control equipment and compliance monitoring devices or activities, including design specifications;

(E) Any limitations on source operation affecting emissions or 

on any work practice standards affecting emissions;

(F) Other information required by any applicable requirement;

(G) The calculations on which the information in paragraphs 

(A) through (F) is based; and

(4) A justification for any exemption sought from any otherwise applicable requirement;

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(5) At the option of the applicant, a declaration that it wants the entire permit, or specifically identified permit conditions or applicable requirements, to be federally enforceable;

(6) A certification signed by the responsible official stating that, 

based on information and belief formed after reasonable inquiry, 

the statements and information in the application are true, accurate, and complete. Signature of the certification statement shall 

subject the applicant to liability under Nevada state laws forbidding false or misleading statements;

(7) For a new or modified source, a schedule of construction, if applicable; 

(8) A list of emission limitations and other requirements applicable 

to the source; and

(9) A list of emission units or activities claimed as exempt under 

12.1.2(c).

(b) In addition to the information required by paragraph (a), if the application is for a new minor source that will have a potential to emit that 

is significant for any regulated air pollutant, a demonstration of RACT 

for the affected pollutant shall be proposed and shall include the methodology by which RACT was determined and how compliance with 

RACT will be demonstrated.

(c) In addition to the information required by paragraph (a), if the application is for a modification to an existing minor source and requires a 

minor source significant permit revision pursuant to Section 

12.1.6(a)(7), the application shall contain the following:

(1) A description and quantification of the increase in the potential 

to emit resulting from the modification; 

(2) A description and quantification of actual emissions of all regulated air pollutants before and after the modification; 

(3) A proposed RACT for each affected pollutant, the methodology 

by which RACT was determined and how compliance with 

RACT is to be demonstrated, including material usage limits, 

performance testing, or continuous emissions monitoring, if applicable; and

(4) A schedule of compliance, if applicable.

(d) In addition to the information required by paragraph (a), if the application is for a voluntarily accepted emission limitation, the applicant 

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shall demonstrate that the emission limitation to be imposed to avoid 

an applicable requirement is more stringent than any emission limitation that would otherwise be applicable to that source, including 

those in the Nevada SIP.

(e) An application for a minor permit revision for a minor source shall 

contain the information necessary to demonstrate that the change 

qualifies as a minor permit revision pursuant to Section 12.1.6(b).

12.1.4 Permit Content

12.1.4.1 Terms and Conditions

A minor source permit issued by the Control Officer shall include terms and 

conditions that contain all of the following:

(a) Identification of all applicable requirements;

(b) A physical description of each emission unit or units and operating information consistent with the application information;

(c) Emission limitations for any source or emission unit that ensure:

(1) The ambient air quality standards will be attained or maintained;

(2) The public health will be protected; and

(3) Compliance with the requirements of these AQRs and the Act.

(d) Monitoring, testing, reporting, and recordkeeping requirements that 

ensure reasonable information is provided to evaluate compliance 

consistent with permit terms and conditions, the underlying requirements of these regulations, and the Act. At a minimum, the following 

shall be contained in each minor source permit:

(1) The permit shall incorporate all applicable monitoring requirements, including, where applicable, the following:

(A) All emissions monitoring and analysis procedures or test 

methods required by any applicable requirement;

(B) Where an applicable requirement does not require periodic 

testing or instrumental or non-instrumental monitoring 

(which may consist of recordkeeping designed to serve as 

monitoring), periodic monitoring specifications sufficient to 

yield reliable data from the relevant time period that are 

representative of the source’s compliance with the permit. 

Such monitoring requirements shall ensure that terms, test 

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methods, units, averaging periods, and other statistical 

conventions are consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet 

the requirements of this paragraph; and

(C) As necessary, requirements concerning the use, maintenance and, where appropriate, installation of monitoring 

equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all 

applicable recordkeeping requirements and require, where applicable, the following:

(A) Records of required monitoring information that include the 

following:

(i) The date, place, as listed in the permit, and time of 

sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions at the time of sampling or 

measurement.

(B) Retention of records of all required monitoring data and 

support information for a period of at least five (5) years 

from the date of the monitoring sample, measurement, report, or application. Support information includes, but is not 

limited to, all calibration and maintenance records, all original strip-chart recordings for continuous monitoring instrumentation, data from the data acquisition system and 

copies of all reports required by the permit.

(3) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: 

(A) Submittal of reports of any required monitoring at a frequency determined by the Control Officer. All instances of 

deviations from permit requirements must be clearly identified in such reports. All required reports must be certified 

by a responsible official consistent with section 

12.1.4.1(m)(3).

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(B) Prompt reporting of deviations from permit requirements, 

including those attributable to upset conditions as defined 

in the permit, the probable cause of such deviations, and 

any corrective actions or preventive measures taken. The 

Control Officer shall define "prompt" in the permit in relation to the degree and type of deviation likely to occur and 

the applicable requirements. 

(e) A requirement that any revision of an emission limitation, monitoring, 

testing, reporting, or recordkeeping requirement be made consistent 

with the permit revision requirements in Section 12.1.6;

(f) Emission limitations and standards, including those operational requirements and limitations necessary to: (1) ensure compliance with 

any RACT determination, if one has been required; (2) ensure the 

source does not require a major source Authority to Construct or Part 

70 Operating Permit; (3) ensure compliance with all applicable requirements at the time of permit issuance; and (4) ensure that any 

ambient air increment as prescribed by Section 12.2.3 is not exceeded. 

(g) The following conditions shall also apply:

(1) The permit shall specify and reference the origin of and authority for each term or condition.

(2) If these regulations allow a determination of an alternative emission limit for a source (equivalent to that contained in these regulations) to be made in the permit issuance, renewal, or 

significant revision process, and the Control Officer elects to use 

this limit, any permit containing an alternative emission limit 

based on such an equivalency determination shall include provisions to ensure that the emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on 

replicable procedures.

(3) If emission limitations are to be applicable to startup and shutdown, they shall be addressed on a case-by-case basis in the 

permit. Such limitations shall be designed to minimize the frequency of such events and the excess emissions they cause to 

the extent feasible, taking into consideration available technologies, safety, cost, and other applicable requirements. The limitations shall specify the allowable duration of the startup or 

shutdown and the maximum total hours allowed for startup and 

shutdown in a 12 month period.

(h) A permit term not to exceed five (5) years from the date of issuance;

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(i) A severability clause to ensure the continued validity of permit requirements in the event of a challenge to any portion of the permit;

(j) A list of exempt activities pursuant to Section 12.1.2(c);

(k) A provision to ensure the source pays fees to the Control Officer 

consistent with the approved fee schedule in Section 18;

(l) Terms and conditions that allow for changes by the source among 

reasonably anticipated operating scenarios identified in its application, as approved by the Control Officer. Such terms and conditions 

shall require the source:

(1) To record in a log at the permitted facility, while making a 

change from one operating scenario to another, the scenario 

under which the facility is operating; and

(2) For each such alternative operating scenario, to comply with all 

applicable requirements and the requirements of this rule.

(m) Compliance testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit, including the following:

(1) The Control Officer may require stack testing, monitoring, or reporting to assure compliance with all applicable requirements. 

Any monitoring or testing shall be performed in accordance with 

Section 12.8 or other methods approved by the Control Officer.

(2) As a condition of the issuance of the permit, that the owner or 

operator agrees to permit inspection of the premises to which 

the permit relates, including the location where records must be 

kept under the conditions of the permit, by any authorized representative of the Control Officer at any time during the permittee’s hours of operation without prior notice to perform the 

following:

(A) Have access to and copy any records that must be kept un 

der the conditions of the permit;

(B) Inspect any facilities, equipment (including monitoring and 

air pollution control equipment), practices, or operations 

regulated or required under the permit;

(C) Sample or monitor substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; and

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(D) Document alleged violations using devices such as cameras or video equipment. 

(3) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a 

responsible official of truth, accuracy, and completeness. This 

certification, and any other certification required under this section, shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete.

(4) A permit renewal for an existing source shall include a schedule 

for compliance with any requirement with which the source is 

not in compliance at the time of permit issuance. This shall include a schedule of remedial measures, including an enforceable sequence of actions (with milestones) leading to compliance 

with any requirements with which the source was not in compliance at the time of permit issuance. This compliance schedule shall resemble, and be at least as stringent as, that 

contained in any judicial consent decree or administrative order 

the source is subject to. Any such schedule shall be supplemental to, and shall not sanction noncompliance with, the applicable 

requirements on which it is based.

(5) The permit shall include any other compliance provisions the 

Control Officer may require.

(n) If the permit is for a new minor source or a modification to an existing 

minor source that requires a significant permit revision, the permit 

shall require that the permittee provide a written notice to the Control 

Officer no later than thirty (30) days prior to commencing operation 

that:

(1) The source as constructed or modified is the same as the 

source or modification authorized by the permit or revision; or

(2) The source as constructed or modified differs from the source or 

modification authorized by the permit or revision issued, and the 

differences are listed and described. A source may be subject to 

enforcement action as a result of differences between the permitted and constructed source. 

(3) If the permit is for a new source or modification to an existing 

source that requires no additional construction, then the owner 

or operator shall, as part of the application, provide the notice 

specified in paragraph (1) or (2) at the time the application is 

deemed complete. In a situation involving a transfer in owner6-72
ship of the air quality permit, the requirements of Section 12.12 

shall apply.

(o) A condition stating that it shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the 

conditions in a permit issued pursuant to Section 12.1.

(p) A condition stating that the permit may be modified, revoked, reopened and reissued, or terminated for cause by the Control Officer. 

The filing of a request by the permittee for a permit modification, termination, or of a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 

(q) Each issued permit shall include provisions specifying the conditions 

under which the permit will be reopened prior to the expiration of the 

permit. A permit may be reopened and revised under any of the following circumstances:

(1) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid 

rain program. Upon approval by the Control Officer, excess 

emissions offset plans shall be deemed to be incorporated into 

the permit.

(2) The Control Officer determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of 

the permit.

(3) The Control Officer determines that the permit must be revised 

or revoked to assure compliance with the applicable requirements.

(4) Proceedings to reopen and issue a permit shall follow the same 

procedures as apply to initial permit issuance and shall affect 

only those parts of the permit for which cause to reopen exists. 

Such reopening shall be made as expeditiously as practicable.

(r) The permittee must comply with all conditions of the permit. Any 

permit noncompliance constitutes a violation of these regulations and 

is grounds for enforcement action; for permit termination, revocation 

and reissuance, or modification; or for denial of a permit renewal application.

(s) The permit does not convey any property rights of any sort, or any 

exclusive privilege.

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(t) The permittee shall furnish to the Control Officer, within a reasonable 

time, any information that the Control Officer may request in writing 

to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the 

permit. Upon request, the permittee shall also furnish to the 

Control Officer copies of records required to be kept by the permit or, 

for information claimed to be confidential, the permittee may furnish 

such records directly to the Control Officer along with a claim of confidentiality pursuant to Section 12.6.

(u) Include a condition that any person who has been issued a permit 

pursuant to this section shall post such permit in compliance with the 

requirements of Section 12.13 

(v) Include a condition that the permit shall not waive, or make less 

stringent, any limitations or requirements contained in or issued pursuant to the Nevada SIP, or that are otherwise federally enforceable.

(w) The Control Officer may impose additional conditions necessary to 

ensure compliance with any applicable requirement.

12.1.4.2 Acknowledgment of Responsibility for Compliance

The permit shall contain a statement that the permittee’s commencement of 

operation constitutes an acknowledgment that the permittee assumes the 

responsibility of ensuring that the source’s emission units and emission control equipment have been constructed and will be operated in compliance 

with all applicable requirements.

12.1.5 Permit Application Processing Procedures

12.1.5.1 Action on Application

(a) A new minor source permit, significant permit revision, or permit renewal may be issued only if all of the following conditions have been 

met:

(1) The Control Officer has received a complete application as prescribed by Section 12.1.3.3, 

(2) The Control Officer has complied with the requirements for public participation under Section 12.1.5.3 as applicable; 

(3) The Control Officer has determined that the conditions of the 

permit provide for compliance with all applicable requirements; 

and 

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(4) The Control Officer has determined that the source or emission 

units will not interfere with attainment and maintenance of the 

NAAQS, and has imposed emission limitations in accordance 

with Sections 12.1.4.1(c) and 12.1.4.1(f).

(b) Following the close of the public participation process prescribed by 

Section 12.1.5.3, the Control Officer shall issue or deny the permit or 

significant permit revision. The Control Officer shall deny a permit or 

significant permit revision if the applicant fails to demonstrate that the 

source will be designed, controlled, and operated in a manner that 

meets all applicable requirements.

(c) If the Control Officer denies the permit or significant permit revision, a 

notice of denial shall be served on the applicant by certified mail. The 

notice shall detail the grounds for denial and describe the applicant’s 

right to appeal the denial under Section 7.

(d) If the Control Officer issues the permit or significant permit revision, 

the new or revised permit shall be provided to the applicant. The 

permit or revision becomes effective upon issuance unless stayed by 

the Air Pollution Control Hearing Board.

12.1.5.2 Permit Processing Deadlines

The Control Officer shall either issue or deny the actions listed in the table below within the following deadlines, commencing after the date on 

which the application is determined to be complete. These time frames 

are exclusive of the days required for public participation, as specified in 

Section 12.1.5.3.

Action Deadline

(1) Permit for a new minor source 150 days

(2) Initial permit for an existing minor source 

issued under Section 12.1 75 days

(3) Permit renewal 75 days

(4) Significant permit revision 120 days

12.1.5.3 Public Participation

(a) Notice of Proposed Action.

(1) After receipt of a complete application for (1) a new minor 

source with a potential to emit any pollutant that exceeds 50 tpy 

for CO; 40 tpy for VOCs, SO2, or NOX; 15 tpy for PM10; or 0.6 

tpy for lead; (2) a new minor source that will be located within 

1,000 feet of the outer boundary of a school, hospital, or residential area; or (3) a significant permit revision that is required 

because of a significant increase in an existing minor source’s 

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potential to emit, the Control Officer shall publish in a newspaper of general circulation within Clark County, Nevada, and on 

the Department’s web site, a Notice of Proposed Action on the 

application containing the following:

(A) The name and address of the permittee or permit applicant 

and, if different, of the facility regulated by the permit;

(B) The date the Control Officer received the completed application;

(C) The location where documents relevant to the application, 

including the application, the proposed permit conditions, 

and determinations of RACT, if applicable, will be available;

(D) The nature of the source involved in the permit action;

(E) The pollutants to be emitted by the source and the projected quantities of those pollutants;

(F) The name, address, and telephone number of the Department representative whom interested persons may contact 

for instructions on how to obtain additional information, 

such as a copy of the draft permit, the statement of basis, 

the application, relevant supporting materials, and other 

materials available to the Control Officer that are relevant 

to the permitting decision;

(G) The location of the administrative record, the times at 

which the record will be open for public inspection, and a 

statement that all data submitted by the applicant (except 

confidential information, in accordance with Section 12.6) 

are available as part of the administrative record;

(H) The Control Officer’s preliminary determination whether the 

application for a permit should be approved or disapproved;

(I) An opportunity for any person to submit written comments 

on the application for a permit and any relevant documents; and

(J) An opportunity for any person to request a public hearing, 

consistent with the requirements of subsection (b) below, 

at which oral and written comments on the application will 

be received, or notice of such a hearing if one has been 

scheduled.

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(2) All written comments must be received by the Control Officer

within thirty (30) days from the publication date of the Notice of 

Proposed Action.

(3) The Control Officer shall consider all written and oral comments, 

and all other documents on the administrative record, before 

taking final action on the permit.

(4) 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) The U.S. Environmental Protection Agency (EPA), if requested, except that the Notice of Proposed Action (NPA) 

shall be sent to EPA if the subject of the NPA is a voluntarily accepted emission limit pursuant to Section 12.1.7 that 

an applicant requests to avoid having to obtain a Part 70 

Operating Permit ; and

(B) Any other person who requests such notice.

(b) During the Notice of Proposed Action public comment period specified in paragraph (a)(2), 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, email address, 

and reason for requesting a hearing.

(1) 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, 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 emissions emitted by the source and 

the proximity of the source to sensitive areas such as parks, 

schools, hospitals or residential areas. 

(2) The petitioner and the applicant shall receive at least seven (7) 

days’ prior written notice of the date and location of the public 

hearing. If the petition for hearing is denied, the Control Officer 

shall notify the petitioner within 30 days of receipt of the petition.

(c) An existing minor source that has applied for its initial minor source 

permit pursuant to Section 12.1 shall only be subject to the public 

participation requirements of Section 12.1.5.3, paragraphs (a) and 

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(b), if the source’s PTE exceeds one or more of the following: 50 tpy 

for CO; 40 tpy for VOCs, SO2, and NOx; 15 tpy for PM10 and 0.6 tpy 

for lead. 

(d) An existing minor source that has applied for an initial minor source 

permit pursuant to Section 12.1 and has a PTE below all the air pollutant thresholds listed in paragraph (c) shall have the proposed 

permit or permit revision posted on the Department’s website for a 

period of thirty (30) days, during which any person may submit comments to the Control Officer on those provisions in the proposed 

permit that differ from conditions in the source’s existing permit. The 

Control Officer shall consider such comments in determining the final 

language of the permit.

12.1.5.4 Permit Transfers

A minor source permit issued under Section 12.1 may be transferred from 

the existing permittee to a new permittee if the applicable permit transfer fee 

is paid pursuant to Section 18 and all the applicable requirements of Section 

12.12 are met. 

12.1.6 Revisions to an Existing Minor Source Permit

(a) Significant Permit Revision. The following changes at a minor 

source require a significant permit revision and are subject to the 

permit application requirements in Section 12.1.3 and the public participation requirements in Section 12.1.5.3: 

(1) Establishing or revising a voluntarily accepted emission limitation or standard, as described in Section 12.1.7;

(2) A change in fuel not authorized by the permit, except for a 

switch from fuel oil or coal to natural gas or propane;

(3) A change that relaxes monitoring, testing, recordkeeping, or reporting requirements, except when the change results from:

(A) Equipment removal that results in a permanent decrease in 

actual emissions, if the source keeps on-site records of the 

change in a log that meets the requirements of paragraph 

(e) below and if the relaxed requirements in the permit apply solely to the equipment that was removed; or

(B) A change in an applicable requirement.

(4) A change that will cause the source to violate an existing applicable requirement if the permit was not revised.

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(5) A change that will require any of the following:

(A) Except for a RACT determination required by Section 

12.1.6.(a)(7), a case-by-case determination of an emission 

limitation or other standard;

(B) A source-specific determination of ambient impacts, or a 

visibility or increment analysis; or

(C) A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.

(6) Replacement of a piece of air pollution control equipment listed 

in the permit with one that the permittee cannot demonstrate will

have the same or better pollutant removal efficiency. In determining the comparative removal efficiency of air pollution control 

equipment, the Control Officer shall rely upon relevant performance testing results, vendor performance guarantees, and 

emissions factors or data that meet the requirements of Section 

12.9(c).

(7) A modification that increases the source’s potential to emit a regulated air pollutant by an amount equal to or exceeding a significant increase. The modification shall apply RACT to each 

emissions unit to which the increase applies except the following emission increases are exempt: 

(A) Emissions of a regulated air pollutant that are subject to an 

emissions standard promulgated by the Administrator under Section 112 of the Act after November 15, 1990; and

(B) Emissions from an emissions unit subject to a general 

permit issued under Section 12.11 that establishes RACT.

(b) Minor Permit Revision. Making any of the changes listed in paragraphs (2)(A) through (E) at a minor source requires a minor permit 

revision.

(1) Within thirty (30) days of the Control Officer’s receipt of an application for a minor permit revision pursuant to paragraph (2), 

the Control Officer shall:

(A) Issue the minor revision as proposed; 

(B) Deny the minor revision because:

(i) It does not qualify as a minor permit revision because it is a significant permit revision;

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(ii) It does not otherwise qualify as a minor permit revision under the criteria in paragraph (b) above; or

(iii) There is insufficient information to determine if it 

qualifies as a minor permit revision.

(C) Amend and issue the revised minor source permit.

(2) The changes below may be implemented seven (7) calendar 

days after filing a complete application on a form obtained from 

the Control Officer. The application shall specify how the 

change qualifies as a minor permit revision under this section 

and propose language for the permit revision sought. No 

change listed in this section shall proceed if the Control Officer 

objects within the 7 day waiting period.

(A) Increasing operating hours or rates of production above 

the permitted level, any other physical change or change in 

method of operation that will result in an increase in the 

source’s PTE that is less than the significant levels listed in 

Section 12.1.1(g).

(B) A change in fuel from fuel oil or coal to natural gas or propane, if not authorized in the permit;

(C) A change that results in emissions subject to any new or 

revised monitoring, recordkeeping, or reporting requirement that is not already in the permit if the revision proposes monitoring, recordkeeping, and/or reporting that 

provides the required quantification; or

(D) Replacement of an item of air pollution control equipment 

listed in the permit with one that has the same or better efficiency, but that employs a different technology or substantially different design. The application for the minor 

permit revision must demonstrate the efficiency of the replacement air pollution control equipment.

(c) Administrative Permit Revision. The following changes at a minor 

source require a permit revision, but are considered administrative 

and occur automatically upon notice to the Control Officer. These 

changes are not subject to the revision processes in Sections 

12.1.6(a) and (b):

(1) Corrects typographical errors;

(2) Identifies a change in the name, address, or phone number of 

any person identified in the permit, or provides a similar minor 

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administrative change at the source (except transfers of ownership, which are subject to the requirements of Section 12.12);

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Incorporates newly applicable requirements that become newly 

applicable because of an amendment to an existing rule or 

adoption of a new rule;

(5) Incorporates alternative testing or compliance monitoring requirements that have received the Administrator's approval under 40 CFR Part 60, Part 61, or Part 63;

(6) Incorporates newly applicable monitoring or testing requirements specified in 40 CFR Part 60, Part 61, or Part 63 that apply because of a change in applicability of those requirements to 

the source, including removal from the permit of monitoring or 

testing requirements that no longer apply as a result of the 

change; or 

(7) Incorporates test methods or monitoring requirements specified 

in an applicable requirement that the source may use as an alternative to the testing or monitoring requirements in the permit. 

(8) An administrative revision to a permit condition adopted pursuant to Title IV of the Act shall be governed by regulations 

promulgated by the Administrator under Title IV.

(d) Changes That Can Be Made With Prior Notice. The following 

changes at a minor source may be made without a permit revision if 

the source provides prior written notice of the change on a form specified by the Control Officer by the deadlines specified in the applicable paragraph below. No change listed under this section shall 

proceed if the Control Officer objects within the applicable waiting period.

(1) Replacing an item of air pollution control equipment listed in the 

permit with one that is not identical, but is substantially similar 

and has the same or better pollutant removal efficiency: thirty 

(30) days after the date of receipt of the written notice by the 

Department. The Control Officer may require a verification of the 

efficiency of the new equipment by performance tests;

(2) A physical change, or a change in the method of operation, that 

increases actual emissions less than ten (10) percent of the applicable major source threshold for the air pollutant(s) emitted, 

but does not increase the source’s potential to emit: seven (7) 

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days after the date of receipt of the written notice by the Control 

Officer.

(3) A change that would trigger an applicable requirement that already exists in the permit: thirty (30) days after the date of receipt of the written notice by the Control Officer, unless 

otherwise required by the applicable requirement;

(4) A change that amounts to reconstruction of the source or an individual emission unit, unless the reconstruction triggers a new 

applicable requirement: seven (7) days after the date of receipt 

of the written notice by the Control Officer. For purposes of this 

requirement, reconstruction of a source or an emission unit shall 

be presumed if the fixed capital cost of the new component(s) 

exceeds fifty (50) percent of the fixed capital cost of a comparable entirely new source or emission unit; or

(5) A change that will result in the emissions of a new regulated air 

pollutant above an applicable regulatory threshold, but that does 

not trigger a new applicable requirement for that source category: thirty (30) days after the date of receipt of the written notice 

by the Control Officer. For purposes of this requirement, the applicable regulatory threshold for a regulated air pollutant shall be 

ten (10) percent of the applicable major source threshold for that 

pollutant.

(e) Changes That Can Be Made With On-Site Logging. The following 

changes may be made at a minor source if the source maintains an 

on-site record or log of the changes on a form obtained from the 

Control Officer:

(1) Implementing an alternative operating scenario provided for in 

the permit, including raw material changes; 

(2) Changing process equipment or operating procedures, or making any other physical change, if the permit requires the change 

to be logged;

(3) Adding any emission unit or activity listed in Section 12.1.2; or

(4) Replacing an item of air pollution control equipment listed in the 

permit with an identical (i.e., same model, different serial number) item. The Control Officer may require verification of the efficiency of the new equipment by performance tests.

(f) The Control Officer may revise a permit annually for a minor source 

without notice or public input to incorporate changes in notices filed 

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pursuant to paragraphs (c) and (d) above and information contained 

in on-site records or logs maintained pursuant to paragraph (e). 

(g) Any modification at a minor source that results in an increase in PTE 

equal to or greater than the emissions of a major stationary source 

(as defined in Sections 12.2 and 12.3) is subject to the applicable 

permit requirements in Section 12.4, as well as those in Sections 

12.2 and/or 12.3.

(h) In the event that a change to a minor source may correspond to more 

than one category of revision or change listed in this section, the category of revision or change imposing the more stringent requirements shall apply.

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and 

Standards

(a) A source may voluntarily propose in its application, and accept in its 

permit, emission limitations or other standards that are permanent, 

quantifiable, enforceable as a practical matter, and more stringent 

than an otherwise applicable requirement to avoid being subject to a 

major source New Source Review under Sections 12.2 or 12.3; having to obtain a Part 70 Operating Permit under Section 12.5; becoming a major Hazardous Air Pollutants (HAPs) source; being subject to 

RACT; or meeting other applicable requirements. For the purposes of 

this section, “enforceable as a practical matter” shall mean that the 

permit meets the following criteria:

(1) The permit conditions are permanent and quantifiable;

(2) The permit includes a legally enforceable obligation to comply;

(3) The limits impose an objective and quantifiable operational or 

production limit, or require the use of in-place air pollution control equipment;

(4) The permit limits have short-term averaging times consistent 

with the averaging times of the applicable requirement;

(5) The permit conditions are enforceable and independent of any 

other applicable limitations; and

(6) The permit conditions for monitoring, recordkeeping, reporting, 

and testing to determine compliance as specified in Section 

12.1.4.1(d).

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(b) A source that proposes a voluntarily accepted emission limitation or 

other standard shall comply with the requirements of Section 

12.1.3.6(d).

(c) Because the addition of a voluntarily accepted emission limitation or 

standard requires a significant permit revision, the public participation 

procedures set forth in Section 12.1.5.3 shall be followed for sources 

requesting a voluntarily accepted emission limitation or standard. 

History: Adopted November 3, 2009

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SECTION 12:10: CONTINUOUS MONITORING REQUIREMENTS FOR

STATIONARY SOURCES

12.10.1 Monitoring Requirements

The Control Officer may require any source of regulated air pollutants, to 

monitor, sample or perform other studies to quantify emissions or the levels 

of air pollution that may be reasonably attributable to such source. In the 

case of determining compliance with an applicable requirement for which a 

source is required to obtain a permit under Section 12, monitoring may include continuous emission or continuous opacity monitoring.

12.10.2 Calibration, Operation, and Maintenance of Equipment 

(a) Any owner or operator of a stationary source listed in 40 CFR 51, 

Appendix P, Sections 1.1.1 through 1.1.4 that is not subject to a 40 

CFR 60 “New Source Performance Standard” shall install, calibrate, 

operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in Appendix P, Sections 

1.1.1 through 1.1.4, for each applicable source category. These stationary sources must also meet the basic requirements of 40 CFR 

51, Appendix P, Section 2.0 et seq. 

(b) Any owner or operator of a stationary source subject to the requirements of 40 CFR 75 shall comply with the applicable installation, calibration, operational, and monitoring requirements as incorporated 

by reference in Section 22 of the Clark County Air Quality Regulations (AQRs). 

(c) If an emission unit is subject to more than one federal performance 

standard pertaining to Continuous Emission Monitoring System installation, certification, operation or evaluation, then the permit shall 

specify which of the federal requirements the owner or operator must 

comply with, including a reference to the applicable federal statute.

12.10.3 Monitoring Locations

(a) All Continuous Emissions Monitoring Systems or monitoring devices 

must be installed as specified in the applicable performance specifications of Appendix B of 40 CFR Part 60 or, if not specified, so that 

representative measurements of emissions or process parameters 

from the affected facility are obtained. Additional procedures for location of Continuous Emissions Monitoring Systems are contained in 

the applicable performance specifications of Appendix B of 40 CFR 

Part 60.

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(b) When the effluents from a single affected facility, or two (2) or more 

affected facilities subject to the same emission standards, are combined before being released to the atmosphere, and compliance with 

the emission standard is determined by a Continuous Emissions 

Monitoring System, the owner or operator may install applicable Continuous Emissions Monitoring Systems for each effluent or for the 

combined effluent. When the affected facilities are not subject to the 

same emission standards, separate Continuous Emissions Monitoring Systems must be installed for each effluent. When the effluent 

from one affected facility is released to the atmosphere through more 

than one point, the owner or operator shall install applicable Continuous Emissions Monitoring Systems on each separate effluent unless the installation of fewer systems is approved by the Control Officer.

12.10.4 Verification of Operational Status

(a) Unless otherwise approved by the Control Officer or specified in 

these AQRs, the requirements of Section 12.10 apply to all Continuous Emissions Monitoring Systems required under applicable provisions of these AQRs.

(b) All Continuous Emissions Monitoring Systems and monitoring devices must be installed and operational prior to conducting the applicable performance tests. Verification of operational status must, as a 

minimum, consist of the following:

(1) For Continuous Emissions Monitoring Systems referred to in paragraph (a) of Section 12.10.5, completion of the conditioning 

period specified by applicable requirements in Appendix B of 40 

CFR Part 60.

(2) For Continuous Emissions Monitoring Systems, completion of 

seven (7) days of operation.

(3) For monitoring devices referred to in this section, completion of 

the manufacturer’s written requirements or recommendations for 

checking the operation or calibration of the device.

12.10.5 Performance Evaluations

(a) During any required performance tests or within thirty (30) days thereafter, and at such other times as may be required by the Control 

Officer as necessary to verify compliance, the owner or operator of 

any affected facility shall conduct continuous evaluations of the performance of monitoring systems and furnish the Control Officer within 

sixty (60) days thereof a copy of the written report of the results of 

such tests. If the reporting criteria are specified in a federal require6-86
ment that is applicable to the stationary source, then the owner or 

operator shall comply with the federal reporting requirements. These 

evaluations must be conducted in accordance with the specifications 

and procedures provided in this section.

(b) Continuous Emissions Monitoring Systems listed in this section must 

be evaluated in accordance with the requirements and procedures 

contained in the applicable performance specification of Appendix B 

of 40 CFR Part 60:

(1) Opacity of emissions must comply with Performance Specification 1;

(2) Nitrogen oxide emissions must comply with Performance Specification 2; 

(3) Sulfur dioxide emissions must comply with Performance Specification 2; and 

(4) The oxygen content of carbon dioxide content of effluent gases 

must comply with Performance Specification 3.

12.10.6 Adjustments

Owners or operators of all Continuous Emissions Monitoring Systems installed in accordance with the provisions of this section shall check the zero 

and span drift at least once daily in accordance with the method prescribed 

by the manufacturer of the systems unless the manufacturer recommends 

adjustments at shorter intervals, in which case the recommendations must 

be followed. The zero and span must, as a minimum, be adjusted whenever 

the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of 40 CFR 60 are exceeded.

12.10.7 Minimum Procedures

Unless otherwise approved by the Control Officer, the following procedures, 

as applicable, must be followed:

(a) For extractive Continuous Emissions Monitoring Systems measuring 

gases, minimum procedures must include introducing applicable zero 

and span gas mixtures into the measurement system as near the 

probe as is practical. Span and zero gases certified by their manufacturer to be traceable to National Institute of Standards and Technology reference gases must be used whenever these reference gases 

are available. The span and zero gas mixtures must be the same 

composition as specified in Appendix B of 40 CFR 60. Every six (6) 

months after the date of manufacture, span and zero gases must be 

reanalyzed by conducting triplicate analyses with Reference Methods 

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6 for SO2, 7 for NO, and 3 for O2 and CO2, respectively. The gases 

may be analyzed at less frequent intervals if longer shelf lives are 

guaranteed by the manufacturer.

(b) For nonextractive Continuous Emissions Monitoring Systems measuring gases, minimum procedures include upscale checks using a 

certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. The zero check may be performed 

by computing the zero value from upscale measurements or by mechanically producing a zero condition.

12.10.8 Measurement of Opacity

(a) For Continuous Emissions Monitoring Systems measuring opacity of

emissions, the optical surfaces exposed to the effluent gases must 

be cleaned before performing the zero or span drift adjustments, except that for systems using automatic zero adjustments, the optical 

surfaces must be cleaned when the cumulative automatic zero compensation exceeds four (4) percent opacity. 

(b) For Continuous Emissions Monitoring Systems measuring opacity of 

emissions, minimum procedures include a method for producing a 

simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique 

to produce a known obscuration of the light beam. These procedures 

must provide a system check of the analyzer internal optical surfaces 

and all electronic circuitry, including the lamp and photodetector assembly.

12.10.9 Frequency of Operation

Except for system breakdowns, repairs, calibration checks, and zero and 

span adjustments required by Section 12.10.6, all Continuous Emissions 

Monitoring Systems must be in continuous operation and meet minimum 

frequency of operation requirements, as follows:

(a) All Continuous Emissions Monitoring Systems referred to in Section 

12.10.5 for measuring opacity of emissions must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 10-second period.

(b) All Continuous Emissions Monitoring Systems referred to in Section 

12.10.5 for measuring oxides of nitrogen, sulfur dioxide, carbon dioxide, or oxygen must complete a minimum of one cycle of operation 

(sampling, analyzing, and data recording) for each successive 15-

minute period.

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12.10.10 Recordation of Data

(a) Owners or operators of all Continuous Emissions Monitoring Systems for the measurement of opacity shall reduce all data to 6-minute 

averages, and for systems other than opacity, to 1-hour averages.

(b) For systems other than opacity, 1-hour averages must be computed 

from four or more data points equally spaced over each 1-hour period.

(c) Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments must not be included in 

the data averages computed under this section. An arithmetic or integrated average of all calibrated data must be used. The data output 

of all Continuous Emissions Monitoring Systems may be recorded in 

reduced or nonreduced form, e.g., ppm pollutant and percent O2 or 

lb/million Btu of pollutant.

(d) All excess emissions must be converted into units of the standard using the applicable conversion procedures specified in these regulations. After conversion into units of the standard, the data may be 

rounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., rounded to the nearest 

one (1) percent opacity.

(e) As used in this section, “calibrated data” means data which is precise 

and accurate within a stated acceptance criteria for the instrument.

12.10.11 Records; Reports

(a) Any owner or operator subject to the provisions of this section shall 

maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility and any 

malfunction of the air pollution control equipment or any periods during which a Continuous Emissions Monitoring System or monitoring 

device is inoperative.

(b) Each owner or operator required to install a Continuous Emissions 

Monitoring System shall submit a written report of excess emissions 

to the Control Officer every six (6) months. All reports must be postmarked by the 30th day following the end of each six-month period 

and must include the following information:

(1) The magnitude of excess emissions computed in accordance 

with this section, any conversion factors used, and the date and 

time of commencement and completion of each time period of 

excess emissions; 

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(2) Specific identification of each period of excess emissions that 

occurs during startups, shutdowns and malfunctions of the affected facility; 

(3) The nature and cause of any malfunction, if known, and the corrective action taken or preventative measures adopted; 

(4) Specific identification of each period during which the Continuous Emissions Monitoring System was inoperative, except for 

zero and span checks, and the nature of any repairs or adjustments that were made; and 

(5) Specific identification of each period when no excess emissions 

have occurred and the Continuous Emissions Monitoring System has not been inoperative, repaired, or adjusted.

(c) In addition to the reporting requirements of this section, an owner or 

operator shall also comply with the reporting requirements of Section 

25.6 for an occurrence of emissions in excess of an applicable requirement or the emission limits prescribed by the permit. 

(d) Any owner or operator subject to the provisions of this section shall 

maintain a file of all measurements, including:

(1) Continuous Emissions Monitoring Systems, monitoring devices 

and performance testing measurements;

(2) All Continuous Emissions Monitoring System performance evaluations;

(3) All Continuous Emissions Monitoring Systems or monitoring device calibration checks;

(4) Adjustments and maintenance performed on these systems or 

devices; and

(5) All other information required by this section, recorded in a permanent form suitable for inspection.

The file must be retained for at least five (5) years following the date 

of the measurements, maintenance, reports and records.

12.10.12 Alternative Monitoring Procedures or Requirements

(a) Upon written application by an owner or operator, the Control Officer 

may approve alternatives to any monitoring procedures or requirements of this section, including, but not limited to, the following:

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(1) Alternative monitoring requirements when installation of a Continuous Emissions Monitoring System or monitoring device specified by those sections would not provide accurate measurements due to liquid water or other interferences caused by 

substances with the effluent gases, except when the monitoring 

device requirement is specified in 40 CFR 60, 61, and 63;

(2) Alternative monitoring requirements when the affected facility is 

infrequently operated;

(3) Alternative monitoring requirements to accommodate Continuous Emissions Monitoring Systems that require additional 

measurements to correct for stack moisture conditions;

(4) Alternative locations for installing Continuous Emissions Monitoring Systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will 

enable accurate and representative measurements;

(5) Alternative methods of converting regulated air pollutant concentration measurements to units of the standards;

(6) Alternative procedures for performing daily checks of zero and 

span drift that do not involve use of span gases or test cells; 

(7) Alternatives to the test methods of the American Society for 

Testing and Materials or sampling procedures specified by any 

provision of this section;

(8) Alternative Continuous Emissions Monitoring Systems that do 

not meet the design or performance requirements in Performance Specification 1, Appendix B of 40 CFR 60, but adequately demonstrate a definite and consistent relationship between 

their measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The Control Officer may require that such demonstration 

be performed for each affected facility; or

(9) Alternative monitoring requirements when the effluent from a 

single affected facility or the combined effluent from two or more 

affected facilities are released to the atmosphere through more 

than one point.

(b) Notwithstanding the provisions of paragraph (a) of this section, the 

Control Officer shall not approve an alternative method or equivalent 

method to determine compliance with a standard or emission limitation contained in 40 CFR 60, 61, or 63 for:

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(1) An emissions unit that is subject to a testing requirement pursuant to 40 CFR 60, 61, or 63; or

(2) An affected source.

History: Adopted March 16, 2010

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SECTION 12.11: GENERAL PERMITS FOR MINOR STATIONARY SOURCES

12.11 General Permits for Minor Stationary Sources................................................ 1

12.11.1 Applicability ..................................................................................................... 1

12.11.2 General Permit Development.......................................................................... 1

12.11.3 Application for Authority to Operate Under a General Permit.......................... 2

12.11.4 General Permit Issuance or Revision Procedures........................................... 3

12.11.5 General Permit Renewal ................................................................................. 4

12.11.6 Relationship to Individual Minor Source Permits ............................................. 5

12.11.7 Termination of General Permits and Revocation of Authority to Operate under 

a General Permit............................................................................................. 5

12.11.8 Fees Related to General Permits.................................................................... 6

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12.11 General Permits for Minor Stationary Sources

12.11.1 Applicability

(a) The Control Officer may issue general permits for a source class that 

contains ten (10) or more minor sources, as defined in Section 

12.1.1(c). For the purpose of Section 12.11, a source class is 

defined as minor sources that are similar in nature, have substantially 

similar emissions, and would be subject to the same or substantially 

similar requirements governing operations, emissions, monitoring, 

reporting, or recordkeeping. “Similar in nature” refers to source size, 

processes, operating conditions, and the nature and quantity of 

emissions.

(b) The Control Officer may issue general permits, in accordance with 

paragraph (a), with emission limitations, controls, or other 

requirements that meet the requirements of Section 12.1.4. A source 

that seeks to vary from such a general permit and obtain an emission 

limitation, control, or other requirement not contained in that general 

permit shall apply for an individual permit pursuant to Section 12.1.3.

(c) General permits shall not be issued for sources regulated pursuant to 

Title IV of the Act, except as provided in regulations promulgated by 

the Administrator under Title IV of the Act.

12.11.2 General Permit Development

(a) The Control Officer may issue a general permit on the Control 

Officer’s own initiative or in response to a petition.

(b) Any person may submit a petition to the Control Officer requesting 

the issuance of a general permit for a defined source class. The 

petition shall propose a particular source class and list the 

approximate number of sources in the proposed class, along with 

their size, processes, and operating conditions, and demonstrate 

how the class meets the criteria for a general permit as specified in 

Section 12.11.1. The Control Officer shall provide a written response 

to the petition within one hundred twenty (120) days of receipt.

(c) General permits shall be issued or revoked for source classes 

pursuant to the procedures in Section 12.11.4 or 12.11.7.

(d) General permits shall include all of the following:

(1) The relevant elements contained in Section 12.1.3.6; and

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(2) The process for qualifying individual sources to apply for 

coverage under the general permit by submitting the application 

prescribed by Section 12.11.3.

(3) A permit term not to exceed 5 years from the date of issuance.

12.11.3 Application for Authority to Operate Under a General Permit

(a) Once the Control Officer has issued a general permit, any source 

which is a member of the source class covered by the general permit 

may apply to the Control Officer for authority to construct and operate 

under the general permit. At the time the Control Officer issues a 

general permit, the Control Officer may also establish a specific 

application form with filing instructions for sources in the category 

covered by the general permit. Applicants shall complete the specific 

application form or, if none has been adopted, a standard application 

form to be promulgated by the department. The specific application 

form shall, at a minimum, require the applicant to submit the following 

information:

(1) Information identifying and describing the source, its processes, 

and its operating conditions in sufficient detail to allow the 

Control Officer to determine qualification for, and assure 

compliance with, the general permit; and

(2) A compliance schedule that meets the requirements of Section 

12.1.4.1(m)(4), if required.

(b) The Control Officer shall act on the application for authority to 

operate under the general permit as expeditiously as possible, but a 

final decision shall be reached within one hundred eighty (180) days 

of receipt of the application. The source shall operate under the 

terms of the general permit for which it has applied during that time. 

(1) If the application for authority to operate under the general 

permit is denied, the Control Officer shall notify the source that it 

shall apply for an individual minor source permit within sixty (60) 

days of receipt of notice.

(2) If the application is approved, the Control Officer shall issue an 

authority to operate under a general permit to the source and 

post the issuance decision on the department web site.

(3) If the Control Officer defers acting on an application under this 

section and the Control Officer has provided notice of intent to 

renew or not renew the permit, the source may operate under 

the terms of its application until a decision is made by the 

Control Officer.

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12.11.4 General Permit Issuance or Revision Procedures

(a) This section applies to the issuance, renewal, or revision of a general 

permit.

(b) The Control Officer shall provide notice of a proposed new general 

permit, for any revision of an existing general permit, or for renewal 

of an existing general permit in a newspaper of general circulation 

within Clark County, Nevada, and the department web site. The 

notice shall describe the following:

(1) The proposed permit, including an emission limitation, work 

practice standard, or other means of limiting emissions that is 

RACT for the affected category of source;

(2) The category of sources that would be affected;

(3) The air contaminants the Control Officer expects to be emitted 

by a typical source in the class and from the class as a whole;

(4) The proposed effective date for issuance of the general permit;

(5) The locations where documents relevant to the proposed permit 

will be available during normal business hours;

(6) The name, address, and telephone number of a person within 

the department who may be contacted for further information;

(7) The address where any person may submit comments or 

request a public hearing, and the date and time by which 

comments or a public hearing request are required to be 

received; and

(8) The process by which sources may obtain authorization to 

operate under the general permit.

(c) Public Comment. The Control Officer shall provide a period of not 

less than 30 days from the date of the notice of a proposed new, 

revised, or renewed general permit for written comments to be 

submitted. Such comment period may be concurrent with the notice 

period specified in subsection (b). 

(d) Written comments shall include the name of the person commenting 

and the person’s agent or attorney, if any, and shall clearly set forth 

reasons why the general permit should or should not be issued 

pursuant to the criteria for issuance in Section 12.11.2. The Control 

Officer shall consider all written and oral comments, and any other 

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documents on the administrative record, prior to taking final action on 

the general permit.

(e) Public Hearings. During the public comment period specified in 

paragraph (c) above, 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 reason 

for requesting a hearing. 

(f) 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 a proposed new, revised or renewed general 

permit, but no later than seventy (70) days after the date of the notice 

of a proposed new, revised, or renewed general permit. 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 

from sources covered by the proposed general permit, and the 

proximity of such sources to sensitive areas like parks, schools, 

hospitals or residential areas. 

(g) The petitioner shall receive no less than seven (7) days prior written 

notice of the date and location of the public hearing, and the Control 

Officer shall provide at least seven (7) days notice to the public by 

posting the notice of public hearing on the DAQEM website. If the 

petition for hearing is denied, the Control Officer shall notify the 

petitioner within 30 days of receipt of the petition and shall notify the 

public by posting on the DAQEM website within the same 30-day 

period.

(h) At the time a general permit is issued, the Control Officer shall make 

available a response to all relevant comments on the proposed 

general permit raised during the public comment period and during 

any public hearing. The response shall specify which provisions, if 

any, of the proposed permit have been changed and the reason for 

the changes. The Control Officer shall notify, in writing, any petitioner 

and each person who has submitted written comments on the 

proposed general permit or requested notice of the final permit 

decision.

12.11.5 General Permit Renewal

The Control Officer shall review and may renew general permits every five 

years. A source's authorization to operate under a general permit shall 

coincide with the term of the general permit, regardless of when the 

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authorization began during the five-year period. In addition to the public 

notice required to issue a proposed permit under Section 12.11.4, the 

Control Officer shall notify in writing all sources who have been granted, or 

who have applications pending for, authorization to operate under the 

general permit. The written notice shall describe the source's duty to reapply 

and may include requests for information required under the proposed 

general permit.

12.11.6 Relationship to Individual Minor Source Permits

Any source covered under a general permit may request to be excluded 

from coverage by applying for an individual minor source permit. A source’s 

authority to operate under the general permit shall terminate on the date the 

individual minor source permit is issued.

12.11.7 Termination of General Permits and Revocation of Authority to 

Operate under a General Permit

(a) The Control Officer may terminate a general permit at any time if:

(1) The Control Officer has determined that the emissions from the 

sources in the source class cause or contribute to ambient air 

quality standard violations which are not adequately addressed 

by the requirements in the general permit; or

(2) The Control Officer has determined that the sources subject to 

the general permit no longer meet the requirements of Section 

12.11.1.

(b) If a general permit is terminated, the Control Officer shall provide 

written notice prior to termination to all sources operating under the 

permit. Such notice shall include an explanation of the basis for the 

termination. Within sixty (60) days of receipt of the notice of the 

termination of any general permit, sources notified shall submit an 

application to the Control Officer for an individual minor source 

permit. Upon submittal of a complete application, the source may 

continue to operate under the terms and conditions of its general 

permit until an individual minor source permit is issued by the Control 

Officer. 

(c) The Control Officer may revoke the authorization to operate under a 

general permit pursuant to this section and require a source 

authorized to operate under a general permit to apply for and obtain 

an individual minor source permit at any time if the source is not in 

compliance with the terms and conditions of the general permit.

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(d) If the Control Officer revokes a source’s authority to operate under a 

general permit pursuant to paragraph (c) above, the Control Officer 

shall notify the permittee by certified mail. The notice shall include a 

statement detailing the grounds for the revocation of authority to 

operate under the general permit. The source shall not operate until 

the source submits a complete application for an individual minor 

source permit. 

12.11.8 Fees Related to General Permits

(a) Permit Processing Fee. The owner or operator of a source that 

applies for authority to operate under a general permit shall pay to 

the Control Officer the fee required by Section 18 with the submittal 

of the application.

(b) Administrative or Inspection Fee. The owner or operator of a 

source with authority to operate under a general permit shall pay, for 

each calendar year, any other applicable fee(s) pursuant to Section 

18.

History: Adopted November 3, 2009

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SECTION 12.12: TRANSFER OF PERMIT

12.12.1 Applicability

This section applies to any source or emission unit for which a permit has 

been issued pursuant to Section 12.1, 12.2, 12.3, 12.4, 12.5 or 12.11. 

12.12.2 Requirements

(a) Except as provided for in this section, an Authority to Construct or any 

permit issued pursuant to the sections listed in 12.12.1 shall not be 

transferable, whether by operation of law or otherwise, from one owner 

or operator to another.

(b) Any application to transfer a permit from the permit holder to another 

person or owner shall be accompanied by the applicable fee(s) as 

specified in Section 18. 

(c) An application for the transfer of ownership shall constitute a 

temporary Authority to Construct, Part 70 Operating Permit or Permit to 

Operate, as applicable, under the conditions of the existing permit.

(d) The owner or operator who holds the permit shall file an application for 

a transfer of ownership at least 30 days prior to the date of the transfer 

of ownership. 

(e) The Control Officer shall approve an application for the transfer of a 

permit if all of the following requirements are met:

(1) The emission unit subject to the permit is in compliance with all 

applicable orders, AQRs and applicable federal requirements. 

(2) Submittal of a written agreement or other written proof of 

transfer of ownership that is deemed sufficient by the Control 

Officer and which specifies the date of ownership transfer;

(3) The permit has been reviewed by the department to determine 

that the permit conditions are adequate to ensure compliance 

with, and enforceability of, applicable requirements to the 

emission unit for which the permit was issued;

(4) Where (e) (3) has not been met, the Control Officer shall require 

that the permit be revised to specify the permit conditions 

necessary in accordance with all applicable requirements;

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(5) All fees and assessed penalties associated with the permit have 

been paid.

History: Adopted March 16, 2010

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SECTION 12:13: POSTING OF PERMIT

(a) Any person who has been issued an individual or general permit 

under this Section 12 shall post such permit provided by the 

department in a location which is clearly visible and accessible to the 

employees of the stationary source and representatives of the 

Control Officer.

(b) A copy of the complete permit shall be kept at the permitted source.

History: Adopted March 16, 2010

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