EXHIBIT 4 

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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 ........................................................................................... 6

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified 

Existing Minor Sources ................................................................... 6

12.1.3.2 Timely Application ........................................................................... 6

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 ..................................... 7

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 ................................................... 16

12.1.5.1 Action on Application ..................................................................... 16

12.1.5.2 Permit Processing Deadlines ........................................................ 16

12.1.5.3 Public Participation ........................................................................ 17

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
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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) 

PM2.5 5

PM10 5 

CO 25 

VOC 5 

NOx 5 

SO2 25 

Lead (Pb) 0.3 

H2S 1 
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(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)

PM2.5 7.5

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 12.5.2.5Appendix A 

of Section 12.1 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 
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obtain a permit pursuant to Sections 12.1, 12.2, 12.3, 12.4, or 

12.5. 

(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 performed under the 
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conditions of a Dust Control Permit issued pursuant to Section 

94; 

(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 
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begin, operations will begin, and operations will 

cease; 

(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.

(H) The Control Officer shall review, on a case-by-case basis, 

insignificant activities for an individual minor source that 

are listed in the application but do not require a detailed 

description. No activity with the potential to emit greater 

than two (2) tpy of any criteria pollutant or five (5) tpy of 

any combination of criteria pollutants shall be eligible to be 

determined an insignificant activity under this Section. 
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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. 

(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. 
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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. 

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; 
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(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; 

(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)(5) 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)(6) For a new or modified source, a schedule of construction, if 

applicable; 

(8)(7) A list of emission limitations and other requirements applicable to the source; and 

(9)(8) 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; 
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(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 

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 National aAmbient aAir qQuality sStandards 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: 
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(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 

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. 
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(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). 

(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 
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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; 

(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 termsthe 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 10, an applicable requirement, 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: 
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(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 

(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 
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(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 ownership 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 
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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. 

(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.

(v)(w) Include a condition that no action on the permit shall not affect the 

responsibilities of the permittee to comply with the applicable portions 

of a control strategy in the SIP.

(w)(x) 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. 
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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 

(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. 
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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 10 tpy for PM2.5,; 15

tpy for PM10; 10 tpy for H2S; 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 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; 
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(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. 

(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. 
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(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 

(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 PM2.5 and 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: 
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(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. 

(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: 
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(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 (ED) 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; 

(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; 
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(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 

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. 
EXHIBIT 4 

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(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) 

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 and less than 

a significant amount (as defined in Section 12.1.1(g)), 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 
EXHIBIT 4 

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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 

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 
EXHIBIT 4 

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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). 

(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. A 

new minor source that meets the criteria or potential to emit thresholds of Section 12.1.5.3(a)(1) and that is requesting a voluntarily accepted emission limitation shall follow the public participation 

requirements of that section. 

History: Adopted November 3, 2009
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Appendix A: Insignificant Activities and Emissions 

An application may not omit information needed to determine the applicability of, or to 

impose, any applicable requirement. 

(a) The following types of activities and emissions units may be presumptively omitted from a permit application for a Part 70 Operating 

Permit. Certain of the listed activities include qualifying statements intended to exclude many similar activities: 

(1) Combustion emissions from propulsion of mobile sources; 

(2) Air-conditioning units used for human comfort that do not have 

applicable requirements under Title VI of the Act; 

(3) Ventilating units used for human comfort that do not exhaust air 

pollutants into the ambient air from any manufacturing/industrial 

or commercial process; 

(4) Noncommercial food preparation; 

(5) Consumer use of office equipment and products, not including 

printing establishments or businesses primarily involved in photographic reproduction; 

(6) Janitorial services and consumer use of janitorial products; 

(7) Internal combustion engines used for landscaping purposes; 

(8) Laundry activities, except for dry-cleaning and steam boilers; 

(9) Bathroom/toilet vent emissions; 

(10) Emergency (backup) electrical generators at residential locations; 

(11) Tobacco smoking rooms and areas; 

(12) Blacksmith forges; 

(13) Plant maintenance and upkeep activities (e.g., groundskeeping, 

general repairs, cleaning, painting, welding, plumbing, re-tarring 

roofs, installing insulation, and paving parking lots), provided 

these activities are not conducted as part of a manufacturing 

process, are not related to the source’s primary business activity, and would not otherwise trigger a permit revision. Cleaning 

and painting activities qualify as insignificant activities if they are 

not subject to VOC or HAP control requirements. Asphalt batch 
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plant owners/operators must still get a permit if otherwise required. 

(14) Repair or maintenance shop activities not related to the source’s 

primary business activity, not including emissions from surface 

coating or degreasing (solvent metal cleaning) activities, and not 

otherwise triggering a permit revision; 

(15) Portable electrical generators that can be moved by hand from 

one location to another; 

(16) Handheld equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic; 

(17) Brazing, soldering, and welding equipment and cutting torches 

related to manufacturing and construction activities that do not 

result in emission of HAP metals; 

(18) Air compressors and pneumatically operated equipment, including hand tools; 

(19) Batteries and battery charging stations, except at battery manufacturing plants; 

(20) Storage tanks, vessels, and containers holding or storing liquid 

substances that will not emit any VOCs or HAPs; 

(21) Storage tanks, reservoirs, and pumping and handling equipment 

of any size containing soaps, vegetable oil, grease, animal fat, 

and nonvolatile aqueous salt solutions, provided appropriate lids 

and covers are utilized; 

(22) Equipment used to mix and package soaps, vegetable oil, 

grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized; 

(23) Drop hammers or hydraulic presses for forging or metalworking; 

(24) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering 

cookers, boilers, heating plants, incinerators, and electrical 

power generating equipment; 

(25) Vents from continuous emissions monitors and other analyzers; 

(26) Natural gas pressure regulator vents, excluding venting at oil 

and gas production facilities; 
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(27) Handheld applicator equipment for hot melt adhesives with no 

VOCs in the adhesive formulation; 

(28) Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOCs or HAPs; 

(29) CO2 lasers used only on metals and other materials that do not 

emit HAPs in the process; 

(30) Consumer use of paper trimmers/binders; 

(31) Electric or steam-heated drying ovens and autoclaves, but not 

the emissions from the articles or substances being processed 

in the ovens or autoclaves or the boilers delivering the steam; 

(32) Salt baths using nonvolatile salts that do not result in emissions 

of any regulated air pollutants; 

(33) Laser trimmers using dust collection to prevent fugitive emissions; 

(34) Bench-scale laboratory equipment used for physical or chemical 

analysis, but not lab fume hoods or vents; 

(35) Routine calibration and maintenance of laboratory equipment or 

other analytical instruments; 

(36) Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis; 

(37) Hydraulic and hydrostatic testing equipment; 

(38) Environmental chambers not using HAP gases; 

(39) Shock chambers; 

(40) Humidity chambers; 

(41) Solar simulators; 

(42) Fugitive emissions related to movement of passenger vehicles, 

provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is 

submitted; 

(43) Process water filtration systems and demineralizers; 

(44) Demineralized water tanks and demineralizer vents; 
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(45) Boiler water treatment operations, not including cooling towers; 

(46) Oxygen scavenging (deaeration) of water; 

(47) Ozone generators; 

(48) Fire suppression systems; 

(49) Emergency road flares; 

(50) Steam vents and safety relief valves; 

(51) Steam leaks; 

(52) Steam cleaning operations; and 

(53) Steam sterilizers.