SEPTEMBER 12, 1978

1 
NEVADA ADMINISTRATIVE CODE SECTIONS 

Adopted September 12, 1978, Effective November 17, 1978 

Appears as Article 1 3. in the Petition. 

NAC 445B.125 “Ore” defined. (NRS 445B.210) “Ore” means a natural combination of 

minerals from which a metal can be extracted. 

 [Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted 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 445B.168 “Single-chamber incinerator” defined. (NRS 445B.210) “Single-chamber 

incinerator” means an incinerator with one chamber that serves for ignition, combustion and ash 

removal of a design approved by the Division of Environmental Protection of the State 

Department of Conservation and Natural Resources. 

 [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and 

renumbered as § 1.94.1, 8-28-79]—(Substituted in revision 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 Reg. § 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 Reg. § 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 shall not be deemed as a 

break in any otherwise contiguous property. 

 [Environmental Comm’n, Air Quality Reg. § 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 equipment required for monitoring emissions which is used to 

sample and, if applicable, condition, 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 Resources or his designee or a person designated 
by or pursuant to a county or city ordinance or regional agreement or regulation to enforce local 

air pollution control ordinances and regulations. 

 [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 

12-4-76; A 12-15-77]—(Substituted 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 efficiently reduce solid, semisolid, liquid 

or gaseous waste at specified rates 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 pollution 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 pollution control equipment or process 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 other preventable upset condition 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 measured in terms of percent obscuration. The 

relationship between opacity and Ringelmann number is approximately 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 Reg. § 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 affected facility or a stationary 

source of which an affected facility is a part. 

 [Environmental Comm’n, Air Quality Reg. § 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, transporting, 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 ratio of sampling rate to the 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 States Bureau of Mines, which illustrates 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. Unless otherwise specified, a run may be either 

intermittent or continuous within the 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 Reg. § 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 waste consisting of a mixture 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 Reg. § 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 discarded 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 contains 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” means 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, equipment or other contrivance for the reduction of animal 

matter is prohibited unless all gases, vapors and gas-entrained effluents are: 

 (a) Incinerated at temperatures 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 any machine, equipment or other contrivance used 

exclusively for the processing of food for human consumption. 

 [Environmental Comm’n, Air Quality 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 process parameters from the affected facility are 

obtained. Additional procedures for location of continuous monitoring systems are contained in 

the applicable Performance Specifications 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 before being released to the atmosphere, the owner 

or operator may install applicable continuous monitoring systems 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 effluent. When the effluent 

from one affected facility is released to the atmosphere through more than one point, the owner 

or operator shall install applicable continuous 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: Verification 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 continuous monitoring systems required 

under applicable provisions of those sections. 

 2. All continuous monitoring systems and monitoring devices must be installed and 

operational prior to conducting performance tests under NAC 445B.252. Verification of 

operational status must, as a minimum, consist of the following: 

 (a) For continuous monitoring systems referred to in subsection 2 of NAC 445B.259, 

completion of the conditioning period specified by applicable requirements 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 Quality 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 the Director under § 114 of the Act, the owner or 

operator of any affected facility shall conduct continuous evaluations of the performance of 

monitoring systems and furnish the Director within 60 days thereof two or upon request more 

copies of a written report of the results of such tests. These evaluations must be conducted in 

accordance with the specifications and procedures 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 Quality 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 contracted 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 obligation to purchase specific continuous monitoring 

system components shall comply with the following requirements: 

 (a) Continuous monitoring systems for measuring 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 calculation 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 measurement 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 demonstrating compliance with this specification. 

 2. Owners or operators of all continuous monitoring systems installed on an affected facility 

prior to October 6, 1975, are not required to conduct tests under paragraphs (a) and (b) of 

subsection 1 unless requested by the Director. 
 3. All continuous monitoring systems referred to in subsection 1 must be upgraded or 

replaced, if necessary, with new continuous monitoring systems, and such improved systems 

must be demonstrated to comply with applicable 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 shorter intervals, in which case the recommendations 

must be followed. The zero and span must, as a minimum, be adjusted whenever the 24-hour 

zero drift or 24-hour calibration drift limits of the applicable performance specifications in 

Appendix B of 40 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, calibration 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 operation 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 oxygen must complete a minimum of one cycle of 

operation (sampling, analyzing and data recording) 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 (sampling, analyzing and data recording) for each 

successive 1-hour period. 

 [Environmental Comm’n, Air Quality 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 decision: 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)