EXHIBIT 3 

Adopted 11-03-09 

CC Air Quality Regulations 

12.0-i 

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 ............................................................................ 2

12.0.3 Transition Procedures ............................................................................. 2

12.0.4 Permittee Responsibility To Comply With Control Strategy .................... 3

12.0.5 Stack Height ............................................................................................ 3

12.0.6 General Requirements for Records and Reports .................................... 3
EXHIBIT 3 

Adopted 11-03-09 

CC Air Quality Regulations 

12.0-1 

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, or an electrical generating facility constructed on a site previously used for the 

production of electricity from a coal fired electric generating plant,

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. 
EXHIBIT 3 

Adopted 11-03-09 

CC Air Quality Regulations 

12.0-2 

12.0.2 General Requirements 

(a) All stationary sources, including any stationary source not required to 

obtain a Permit to Operate under these regulations, shall be subject 

to other applicable 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. 
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Adopted 11-03-09 

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(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. 

(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. 

12.0.4 Permittee Responsibility To Comply With Control Strategy 

(a) No approval of an authority to construct or authority to operate permit 

issued pursuant to Section 12 shall affect the responsibility of the 

permittee to comply with the applicable requirements of the Nevada 

State Implementation Plan. 

12.0.5 Stack Height 

(a) The degree of emission limitation required of any source of any pollutant shall not be affected by so much of any source’s stack height 

that exceeds good engineering practice or by any other dispersion 

technique as determined by the procedures of 40 CFR § 51.118 and 

the EPA regulations cross-referenced therein as in effect on July 1, 

2012 and as incorporated herein by this reference. 

12.0.6 General Requirements for Records and Reports 

(a) The owner or operator of any source operating under a permit issued 

pursuant to the provisions of Section 12, shall maintain records on 

the nature and amount of emissions from such source and any other 

information deemed necessary by the Control Officer to determine 

whether such source is in compliance with an applicable emission 

limitation or other applicable requirement. Records and any supporting information required under Section 12.0.6(a) shall be retained for 

at least 5 years from the date of the monitoring sample, measurement, report or application. Support information includes all calibration and maintenance records and all original strip chart recordings 

for continuous monitoring instrumentation and all copies of all reports 

required by the permit. 

(b) The information required by Section 12.0.6(a) shall be reported as 

specified and required by the applicable condition(s) of the permit issued to the owner or operator of the source or facility. Upon a written 

request from the Control Officer, the owner or operator shall submit 

the information required by Section 12.0.6(a) within 30 days. 
EXHIBIT 3 

Adopted 11-03-09 

CC Air Quality Regulations 

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(d)(c) Emission data obtained pursuant to Section 12.0.6 from owners or 

operators of any source permitted under the provisions of Section 12 

shall be correlated with applicable emission limitations and/or other 

applicable control measures. The data and the results of the correlation shall be made available to the public for review during normal 

business hours at the Department of Air Quality Office, 4701 West 

Russell Road, Las Vegas, Nevada 89118. 

History: Adopted November 3, 2009