# SEPTEMBER 12, 1978

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted September 12, 1978, Effective November 17, 1978

Appears as Artic le 1 3. in the Petitio n. NAC 445B.125 “Ore” defined. ( NRS 445B.210 ) “Ore” m eans a natural com b ination of

m i nerals from which a m e tal can be extracted. [ E nvironm ental Comm’n, Air Quality Re g. Art. 1 § 3, ef f

. 11-17-78] —(Substitu ted in revision for NAC 445.560)

2

# NOVEMBER 08, 1977

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted November 8, 1977, Effective December 27, 1977

Appears as 1.98.1 in the Petition.
NAC 445 B. 168 “Single-chamber incinerator” defined. ( NRS 445B.210 ) “Single-cham ber
incinerato r” m eans an incinerator with one cham ber that serves for ignition, com bustion and ash

rem oval of a design approved by the Division of Environm ental Prot ectio n of the State Departm e nt of Conservation and Natural Resources. [Environm ental Comm ’n, Air Qualit y Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and

renum bered as § 1.94.1, 8-28-79]—(Substitu ted in revis i on for NAC 445.612)

2

# SEPTEMBER 16, 1976

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted September 16, 1976, Effective December 4, 1976

Appears as 1.2 in the Petition.
NAC 445B.002 “Act” defined. ( NRS 445B.210 ) “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended. [Environmental Comm’n, Air Quality Re g. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.432)

Appears as 1.4 in the Petition.
NAC 445B.009 “Air-conditioning equipment” defined. ( NRS 445B.210 ) “Air-conditioning equipment” means equipment utilized to heat or cool the interior of a building or structure. [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7- 75; renumbered as § 1.4, 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.435)

Appears as 1.14 in the Petition.
NAC 445B.022 “Atmosphere” defined. ( NRS 445B.210 ) “Atmosphere” means all the air surrounding the earth and external to buildings and structures. [Environmental Comm’ n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renumbered as § 1.13, 8-28-79]—(Substituted in revision for NAC 445.444)

Appears as 1.35 in the Petition.
NAC 445B.042 “Combustible refuse” defined. ( NRS 445B.210 ) “Combustible refuse” means any waste material which can be consumed by combustion. [Environmental Comm’n, Air Quality Re g. § 1.11, eff. 11-7-75; renumbered as § 1.35, 12-4-76]—(Substituted in revision for NAC 445.472)

Appears as 1.43 in the Petition.
NAC 445B.046 “Contiguous property” defined. ( NRS 445B.210 ) “Contiguous property” means any property under single or joint ownership or operatorship which is in physical contact, touching, near or adjoining. Public property or a public right-of-way shal l not be deemed as a break in any otherwise contiguous property. [Environmental Comm’n, Air Quality Re g. § 1.16, eff. 11-7-75; renumbered as § 1.43, 12-4-76]—(Substituted in revision for NAC 445.479)

Appears as 1.44 in the Petition.
NAC 445B.047 “Continuous monitoring system” defined. ( NRS 445B.210 ) “Continuous monitoring system” means the e quipment required for monitoring emissions which is used to sample and, if applicable, conditi on, to analyze, and to provide a permanent record of emissions
or process parameters. [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.480)

Appears as 1.53 in the Petition.
NAC 445B.053 “Director” defined. ( NRS 445B.210 ) “Director” means the Director of the State Department of Conservation and Natural Res ources or his designee or a person designatedby or pursuant to a county or city ordinance or regional agreement or regu lation to enforce local air pollution control ordi nances and regulations. [Environmental Comm’n, Air Quality Re g. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-77]—(Substitute d in revision for NAC 445.488)

Appears as 1.89 in the Petition.
NAC 445B.080 “Garbage” defined. ( NRS 445B.210 ) “Garbage” means putrescible animal or vegetable refuse. [Environmental Comm’ n, Air Quality Reg. § 1.31, eff. 11 -7-75; renumbered as § 1.89, 12-4-76]—(Substituted in revision for NAC 445.525)

Appears as 1.98 in the Petition.
NAC 445B.086 “Incinerator” defined. ( NRS 445B.210 ) “Incinerator” means an engineered apparatus capable of withstanding heat and designed to efficien tly reduce solid, semisolid, liquid or gaseous waste at specified ra tes and from which the residues contain little or no combustible
material. [Environmental Comm’ n, Air Quality Reg. § 1.33, eff. 11 -7-75; renumbered as § 1.98, 12-4-76]—(Substituted in revision for NAC 445.533)

Appears as 1.103 in the Petition.
NAC 445B.091 “Local air pollution control agency” defined. ( NRS 445B.210 ) “Local air pollution control agency” means any city, county or district air po llution control agency approved by the Commission. [Environmental Comm’ n, Air Quality Reg. § 1.36, eff. 11 -7-75; renumbered as § 1.103, 12-4-76; A and renumbered as § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537)

Appears as 1.105 in the Petition.
NAC 445B.095 “Malfunction” defined. ( NRS 445B.210 ) “Malfunction” means any sudden and unavoidable failure of air po llution control equipment or proc ess equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any othe r preventable upset c ondition or preventable equipment breakdown are not considered malfunctions. [Environmental Comm’ n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—(Substituted in revision for NAC 445.542)

Appears as 1.113 in the Petition.
NAC 445B.106 “Multiple-chamber incinerator” defined. ( NRS 445B.210 ) “Multiplechamber incinerator” means any article, machine, equipment contrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three or more refractory lined combustion furnaces in series, physically separated by refractory walls and interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned. [Environmental Comm’ n, Air Quality Reg. § 1.39, eff. 11 -7-75; renumbered as § 1.113, 12-4-76]—(Substituted in revision for NAC 445.549)

Appears as 1.117 in the Petition.NAC 445B.114 “Nuisance” defined. ( NRS 445B.210 ) “Nuisance” means anything which is injurious to health, offensive to the senses or an obstruction to the free use of property and which interferes with the comfortable enjoyment of life or property. [Environmental Comm’ n, Air Quality Reg. § 1.42, eff. 11 -7-75; renumbered as § 1.117, 12-4-76]—(Substituted in revision for NAC 445.554)

Appears as 1.120 in the Petition.
NAC 445B.121 “Opacity” defined. ( NRS 445B.210 ) “Opacity” means the property of a substance tending to obscure vision and meas ured in terms of pe rcent obscuration. The relationship between opacity and Ringelmann number is approximate ly equal to the following in shades of white to gray.

Opacity Ringelmann (Percent) Number

20................................... ........................................ 1
40................................. ........................................ 2
60................................. ........................................ 3
80................................. ........................................ 4
100................................. ......................................... 5

[Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 12-4-76]—(Substituted in revision for NAC 445.557)

Appears as 1.121 in the Petition.
NAC 445B.122 “Open burning” defined. ( NRS 445B.210 ) “Open burning” means any fire from which the products of combustion are emitted into the atmosphere without passing through a stack or chimney. [Environmental Comm’n, Air Quality Re g. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76]—(Substituted in revision for NAC 445.558)

Appears as 1.123 in the Petition.
NAC 445B.127 “Owner or operator” defined. ( NRS 445B.210 ) “Owner or operator” means any person who owns, leases, operates, controls or supervises an aff ected facility or a stationary
source of which an affect ed facility is a part. [Environmental Comm’n, Air Quality Re g. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.561)

Appears as 1.124 in the Petition.
NAC 445B.129 “Particulate matter” defined. ( NRS 445B.210 ) “Particulate matter” means any material except uncombined water that exists in a finely divided form as a liquid or solid at
reference conditions. [Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 12-4-76]—(Substituted in revision for NAC 445.562)

Appears as 1.126 in the Petition.
NAC 445B.134 “Person” defined. ( NRS 445B.210 ) “Person” has the meaning ascribed to it in
NRS 445B.150

.[Environmental Comm’ n, Air Quality Reg. § 1.49, eff. 11 -7-75; renumbered as § 1.126, 12-4-76]—(Substituted in revision for NAC 445.564)

Appears as 1.140 in the Petition.
NAC 445B.144 “Process equipment” defined. ( NRS 445B.210 ) “Process equipment” means any equipment used for storing, handling, tran sporting, processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.601 , inclusive, as fuel-burning equipment or incinerators. [Environmental Comm’ n, Air Quality Reg. § 1.52, eff. 11 -7-75; renumbered as § 1.140, 12-4-76]—(Substituted in revision for NAC 445.581)

Appears as 1.146 in the Petition.
NAC 445B.148 “Proportional sampling” defined. ( NRS 445B.210 ) “Proportional sampling” means sampling at a rate that produces a constant ra tio of sampling rate to th e rate of the flow of stack gas. [Environmental Comm’ n, Air Quality Reg. § 1.146, eff. 12-4-76; A and renumbered as § 1.143, 8-28-79]—(Substituted in revision for NAC 445.587)

Appears as 1.155 in the Petition.
NAC 445B.159 “Ringelmann Chart” defined. ( NRS 445B.210 ) “Ringelmann Chart” means the chart published by the United St ates Bureau of Mines, which i llustrates graduated shades of gray to black, for use in estimating the light-obscuring capacity of smoke. [Environmental Comm’ n, Air Quality Reg. § 1.56, eff. 11 -7-75; renumbered as § 1.155, 12-4-76]—(Substituted in revision for NAC 445.596)

Appears as 1.159 in the Petition.
NAC 445B.161 “Run” defined. ( NRS 445B.210 ) “Run” means the net period of time during which an emission sample is collected. Unle ss otherwise specified, a run may be either
intermittent or continuous within th e limits of good engineering practice. [Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision for NAC 445.599)

Appears as 1.161 in the Petition.
NAC 445B.163 “Salvage operation” defined. ( NRS 445B.210 ) “Salvage operation” means any operation conducted in whole or in part for the salvaging or reclaiming of any product or
material. [Environmental Comm’ n, Air Quality Reg. § 1.157, eff. 11 -7-75; renumbered as § 1.161, 12-4-76]—(Substituted in revision for NAC 445.601)

Appears as 1.166 in the Petition.
NAC 445B.167 “Shutdown” defined. ( NRS 445B.210 ) “Shutdown” means the cessation of operation of an affected facility for any purpose. [Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision for NAC 445.606)

Appears as 1.175 in the Petition.NAC 445B.172 “Six-minute period” defined. ( NRS 445B.210 ) “Six-minute period” means any one of the 10 equal parts of a 1-hour period. [Environmental Comm’n, Air Quality Re g. § 1.175, eff. 12-4-76]—(Substituted in revision for NAC 445.617)

Appears as 1.179 in the Petition.
NAC 445B.174 “Smoke” defined. ( NRS 445B.210 ) “Smoke” means small particles consisting predominantly, but not exclusively, of carbon, ash or other combustible material, resulting from incomplete combustion. [Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 12-4-76]—(Substituted in revision for NAC 445.621)

Appears as 1.180 in the Petition.
NAC 445B.176 “Solid waste” defined. ( NRS 445B.210 ) “Solid waste” means refuse, more than 50 percent of which is municipal type wast e consisting of a mixtur e of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such as glass and rock. [Environmental Comm’n, Air Quality Re g. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.622)

Appears as 1.184 in the Petition.
NAC 445B.185 “Start-up” defined. ( NRS 445B.210 ) “Start-up” means the setting in operation of an affected facility for any purpose. [Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.627)

Appears as 1.205 in the Petition.
NAC 445B.198 “Uncombined water” defined. ( NRS 445B.210 ) “Uncombined water” means visible mist or condensed water vapor. [Environmental Comm’ n, Air Quality Reg. § 1.65, eff. 11 -7-75; renumbered as § 1.205, 12-4-76; A and renumbered as § 1.200, 8-28-79]—( Substituted in revision for NAC 445.647)

Appears as 1.209 in the Petition.
NAC 445B.205 “Waste” defined. ( NRS 445B.210 ) “Waste” means useless, unneeded, or superfluous matter or dis carded or excess material. [Environmental Comm’ n, Air Quality Reg. § 1.68, eff. 11 -7-75; renumbered as § 1.209, 12-4-76; A and renumbered as § 1.205, 8-28-79]—( Substituted in revision for NAC 445.651)

Appears as 1.211 in the Petition.
NAC 445B.207 “Wet garbage” defined. ( NRS 445B.210 ) “Wet garbage” means a combination of waste and garbage which c ontains more than 50 percent moisture. [Environmental Comm’ n, Air Quality Reg. § 1.69, eff. 11 -7-75; renumbered as § 1.211, 12-4-76; A and renumbered as § 1.207, 8-28-79] —(Substituted in revision for NAC 445.653)

Appears as 8.2.4 in the Petition.NAC 445B.2204 “Sulfur emission” defined. ( NRS 445B.210 ) For purposes of NAC
445B.2204 to 445B.22063 , inclusive, “sulfur emission” mean s the sulfur portion of the sulfur compounds emitted. [Environmental Comm’ n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 12-4-76; A and renumbered as § 8.2.2, 12-15-77]—( Substituted in revision for NAC 445B.370)

Appears as 10.2.1 to 10.2.2 in the Petition.
NAC 445B.2209 Reduction of animal matter. ( NRS 445B.210 ) 1. The operation of any machine, equipmen t or other contrivance for the reduction of animal matter is prohibited unless all gases, vapors and gas-entrai ned effluents are: (a) Incinerated at temp eratures of not less than 1400 ° F (760 ° C) for not less than 0.3 second;

or (b) Processed in a manner determined by the Director to be equally efficient. 2. This section does not apply to a ny machine, equipment or other contrivance used exclusively for the processing of food for human consumption. [Environmental Comm’n, Air Qualit y Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for NAC 445B.394)

Appears as 2.17.6 and 2.17.7 in the Petition.
NAC 445B.257 Monitoring systems: Location. ( NRS 445B.210
, 445B.225 ) 1. All continuous monitoring systems or monitoring devices must be installed so that representative measurements of emissions or pro cess parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems are contained in the applicable Performance Specificati ons of Appendix B of 40 C.F.R. § 60. 2. When the effluents from a single affected facility or two or more affected facilities subject
to the same emission standards are combined befo re being released to the atmosphere, the owner or operator may install applicab le continuous monitoring system s for each effluent or for the
combined effluent. When the affected facilities are not subject to the same emission standards, separate continuous monitoring systems must be installed for each efflue nt. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the Director. [Environmental Comm’ n, Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76]—(Substituted in revision for NAC 445.684)

Appears as 2.171 to 2.17.2.3 in the Petition.
NAC 445B.258 Monitoring systems: Verifica tion of operational status. ( NRS 445B.210
, 445B.225 ) 1. Unless otherwise approved by the Director or specified in NAC 445B.001 to 445B.3497

, inclusive, the requirements of this section apply to all con tinuous monitoring systems required under applicable provisi ons of those sections. 2. All continuous monitoring systems and monitoring devices must be installed and operational prior to conducti ng performance tests under NAC 445B.252 . Verification of operational status must, as a mini mum, consist of the following: (a) For continuous monitoring sy stems referred to in subsection 2 of NAC 445B.259

, completion of the condi tioning period specified by applicable requirement s in Appendix B of 40 C.F.R. § 60.(b) For continuous monitoring systems referred to in NAC 445B.260 , completion of 7 days of operation. (c) For monitoring devices referred to in NAC 445B.256 to 445B.267 , inclusive, completion of the manufacturer’s written requirements or recommendations for checking the operation or
calibration of the device. [Environmental Comm’n, Air Qualit y Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(Substituted in revision for NAC 445.685)

Appears as 2.17.3 and 2.17.3.1 in the Petition.
NAC 445B.259 Monitoring systems: Performance evaluations. ( NRS 445B.210
, 445B.225 ) 1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such other times as may be required by th e Director under § 114 of the Act, the owner or operator of any affected facili ty shall conduct continuous evalua tions of the performance of monitoring systems and furnish the Director wi thin 60 days thereof two or upon request more copies of a written report of the results of su ch tests. These evaluations must be conducted in accordance with the specifications and pr ocedures provided in this section and NAC 445B.260

. 2. Except as provided in NAC 445B.260 , continuous monitoring systems listed within this
subsection must be evaluated in accordance with the requirements and procedures contained in the applicable performance specification of Appendix B of 40 C.F.R. § 60. Continuous monitoring systems for measuring: (a) Opacity of emissions must comply with Performance Specification 1. (b) Nitrogen oxide emissions must comply with Performance Specification 2. (c) Sulfur dioxide emissions must comply with Performance Specification 2. (d) The oxygen content of carbon dioxide content of effluent gases must comply with Performance Specification 3. [Environmental Comm’n, Air Qualit y Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(Substituted in revision for NAC 445.686)

Appears as 2.17.3.2 in the Petition
NAC 445B.260 Monitoring systems: Components co ntracted for before September 11,
1974. ( NRS 445B.210
, 445B.225 ) 1. Except as provided in subsection 2, an owner or operator who, prior to September 11, 1974, entered into a binding contractual obligati on to purchase specific continuous monitoring system components shall comply with the following requirements: (a) Continuous monitoring systems for meas uring opacity of emissions must be capable of measuring emission levels within ± 20 percent with a confidence level of 95 percent. The
Calibration Error Test and associated calcula tion procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R. § 60 must be used for demonstrating compliance with this specification. (b) Continuous monitoring systems for meas urement of nitrogen oxides or sulfur dioxide must be capable of measuring emission levels within ± 20 percent with a confidence level of 95 percent. The Calibration Error Test, the Field Test for Accuracy (Relative), and associated operating and calculation procedures set forth in Performance Specification 2 in Appendix B of 40 C.F.R. § 60 must be used for demonstr ating compliance with this specification. 2. Owners or operators of all continuous m onitoring systems installed on an affected facility prior to October 6, 1975, are not required to c onduct tests under paragraphs (a) and (b) of subsection 1 unless requ ested by the Director.3. All continuous monitoring systems re ferred to in subsection 1 must be upgraded or replaced, if necessary, with new continuous m onitoring systems, and such improved systems must be demonstrated to comply with a pplicable performance specifications under NAC
445B.259 by September 11, 1979. [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-77]—(Substituted in revision for NAC 445.687)

Appears as 2.17.4 in the Petition.
NAC 445B.261 Monitoring systems: Adjustments. ( NRS 445B.210
, 445B.225 ) Owners or operators of all continuous monitoring systems installed in accordance with the provisions of
NAC 445B.256 to 445B.267 , inclusive, shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturer recommends adjustments at shorte r intervals, in which case the recommendations must be followed. The zero and span must, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of 40 C.F.R. § 60 are exceeded. [Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77]— (Substituted in revision for NAC 445.688)

Appears as 2.17.5 to 2.17.5.3 in the Petition.
NAC 445B.263 Monitoring systems: Frequency of operation. ( NRS 445B.210
, 445B.225 ) Except for system breakdowns, repairs, calibra tion checks, and zero and span adjustments required by NAC 445B.261 , all continuous monitoring systems must be in continuous operation and meet minimum frequency of ope ration requirements as follows: 1. All continuous monitoring systems referred to in NAC 445B.259 and 445B.260 for measuring opacity of emissions must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 10-second period. 2. All continuous monitoring systems referred to in NAC 445B.259 for measuring oxides of nitrogen, sulfur dioxide, carbon dioxide or oxyge n must complete a minimum of one cycle of operation (sampling, analyzing and data reco rding) for each successive 15-minute period. 3. All continuous monitoring systems referred to in NAC 445B.260 , except opacity, must complete a minimum of one cycle of operation (s ampling, analyzing and data recording) for each successive 1-hour period. [Environmental Comm’n, Air Qualit y Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76]—(Substituted in revision for NAC 445.690)

Appears as 2.10.4 in the Petition.
NAC 445B.279 Appeal of Director’s deci sion: Application forms. ( NRS 445B.210
, 445B.360 ) Application forms for an appeal under NRS 445B.360 must be obtained from the
Director. [Environmental Comm’ n, Air Quality Reg. § 2.10.4, eff. 11- 7-75]—(Substituted in revision for NAC 445.698)