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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. 
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“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. 
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“Air Quality Standard” or “Ambient Air Quality Standard” has the same meaning as the 

term “National Ambient Air Quality Standard” as defined in Section 0. 

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

most stringent of the following: 

(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. 

“Enforceable As a Practical Matter” (or “Practicably Enforceable” or “Practically 

Enforceable”) means that a permit meets the following criteria: 

The permit conditions are permanent and quantifiable; 

The permit includes a legally enforceable obligation to comply; 

The limits impose an objective and quantifiable operational or production limit, or require 

the use of in-place air pollution control equipment; 

The permit limits have short-term averaging times consistent with the averaging times of 

the applicable requirement; 

The permit conditions are enforceable and independent of any other applicable 

limitations; and 

The permit contains conditions for monitoring, recordkeeping, reporting, and testing to 

determine compliance as specified in Section 12.1.4.1(d). 
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"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. 

“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. 
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"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. 

"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.

“National Ambient Air Quality Standard” means all of the National Ambient Air Quality 

Standards contained in Part 50 of Title 40 of the Code of Federal Regulations, including 

the definitions, scope, reference conditions, and appendices thereto, which are 

incorporated herein by this reference as of July 1, 2012. 

"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; 
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(b) Sand and gravel; 

(c) Clay, including kaolin, fireclay, bentonite, fuller’s earth, ball 

clay, and common clay; 

(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. 
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"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. 

"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.
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“Operating Permit” means a permit issued pursuant to Sections 12.1, 12.2.,12.3, 12.5,

or 94 of the Clark County Air Quality Regulations, signed and issued by the Control 

Officer or his/her designee.

"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” 

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

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

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

containing oxygen, generally an alcohol or ether. 

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

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

“Part 70 Source” means the following: 

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

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

2011; 

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

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

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

70 Operating Permit; 

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

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

Administrator has determined that the area source subject to such 

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

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

requirements under Section 112(r) of the Act; 

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

incinerators, municipal waste incinerators, and commercial and industrial 

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

a Part 70 Operating Permit; 

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

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

Act; 
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(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. 

"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. PM2.5 

emissions shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. 

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

diameter less than or equal to a nominal ten (10) micrometers. PM10 emissions shall 

include gaseous emissions from a source or activity which condense to form particulate 

matter at ambient temperatures. 

"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 
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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. 

“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. 
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"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 

regulated New Source Reviewair pollutants unless the listed hazardous air 

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

pollutant listed under section 108 of the Act; 

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

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

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

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

“Responsible Official” means one of the following: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of 

the corporation in charge of a principal business function, or any other 

person who performs similar policy or decisionmaking functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to 

a permit and either:

(1) The operating facilities employ more than 250 persons or have 

gross annual sales or expenditures exceeding $25 million in second 

quarter 1980 dollars; or

(2) The delegation of authority to such representative is approved in 

advance by the Control Officer.

(b) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

(c) For a municipality, state, federal, or other public agency: either a principal 

executive officer or ranking elected official. For the purposes of this 

definition, a principal executive officer of a federal agency includes the 
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chief executive officer having responsibility for the overall operations of a 

principal geographic unit of the agency; or

(d) For Title IV affected sources:

(1) The designated representative, as defined in 40 CFR 72.2, insofar 

as actions, standards, requirements, or prohibitions under Title IV 

of the Act, “Acid Deposition Control,” or the regulations 

promulgated there under are concerned; or

(2) The responsible official as defined above for any other purposes 

under Section 12.5. 

“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 or

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 stationary source or 

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

association, or statewide program. 

"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,; that is not credited in any federal reasonable further progress or other 

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

requirement of a federal rule that focuses on reducing criteria air pollutants or their 

precursors, including any applicable NSPS, or an applicable NESHAP, unless the state 

has not taken credit for emission reductions due to the NESHAP in their its attainment 

demonstration or maintenance plan; and that 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. 
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"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: 

(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); 
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(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); 

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

((CF3)2CFCF2OC2H5); 

(44) Methyl acetate,; 

(45) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE7000),; 

(46) 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethy l) 

hexane (HFE-7500),;

(47) 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea),;

(48) methyl formate (HCOOCH[3]), (1); 

(49) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 

(HFE-7300),;

(50) dimethyl carbonate;

(51) propylene carbonate;

(52) trans-1,3,3,3-tetrafluoropropene;

(53) HCF2OCF2H (HFE-134); 

(54) HCF2OCF2OCF2H (HFE-236cal2); 

(55) HCF2OCF2CF2OCF2H (HFE-338pcc13); 

(56) HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 

(or 150 or 180)); 

(57) trans 1-chloro-3,3,3-trifluoroprop-1-ene; 

(58) 2,3,3,3-tetrafluoropropene; 

(59) 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).
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(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 

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

under either category of pollutant. 

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

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

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

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

16, 2010.