# SEPTEMBER 09, 1999

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted September 9, 1999, Effective September 27, 1999

LCB File No. R022-99; Petition 1999-07

Appears as NAC 445B.362 in the Petition

NAC 445B.2203 Emissions of particulate matter: Fuel-burning equipment. ( NR S

445B.210 ) 1. No person m a y cause or perm it the em ission of PM 10 resulting from the com bust i on of fuel in fuel-burning equipm e n t in excess of the quantity set forth in the following for m ulas: (a) For maxim u m input of heat eq ual to or g r e a ter than 4 m illion Btu’ s per hou r, b u t le ss th an or equal to 10 m illion Btu’s per ho ur, the allow a ble em issio n is 0.6 of a pound per m illion Btu’s of input of heat. (b) For m a xi m u m input of heat greater than 10 m illion Btu’s p e r h our, but les s than 4,000

m illion Btu’s per hour, the allowab l e em issions must be calculated u s ing the followin g equation :

Y = 1.02X - 0 .231

(c) For m a xi m u m i nput of heat equal to or greater than 4,000 m illion Btu’s p e r hour, the

em ission m u st be calculated using the following equation:

Y = 17.0X - 0 .568

2. For the purposes of para graphs (b) and (c) of subsection 1: (a) “X” m eans the maxim u m ope rating ra te in m illion Btu ’ s per hou r. (b) “Y” m eans the allowable rate of e m ission in pounds p e r m illion Btu’s. [Environm ental Comm’n, Air Qua lity Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renum b ered as § 7.1.2, 12-15-77]—(NAC A 10-15-85; 9- 19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Su bstitu ted in revision for NAC 445B.362)

Appears as NAC 445B.373 in the Petition
NAC 445 B. 22047 [Article 8.2, 8.2.1, 8.2.1.1, 8.2.1.2] Sulfur emissions: Fuel-burning equipment.
1. No person m a y cause or perm it the em ission of com p ounds of sulfur caused by the

com bustion of fuel in fuel-burning equipm ent in excess of the quantity calcu lated b y the use of
the form ula in subsection 2 or 3.
2. W h ere an em ission unit has a m a xi m u m i nput of heat of less than 250 m illion Btu’s per hour, the allowable em ission m u st be calculate d by the use of the following equation:

Y = 0.7X

For the purposes of this subsection: (a) “X” m eans the m a ximum operating input of heat in m illions of Btu’s per hour. (b) “Y” m eans the allowa ble rate of e m ission of sulfur in pounds per hour.
3. W h ere an em ission unit h a s a maxim u m input of hea t eq ual to or gr e a ter than 25 0 m illion Btu’s per hour, the allowable em i ssion of sulfur m u st be calcula ted by the use of the following equation s :

2Liquid fuel Y = 0.4X
Solid fuel Y = 0.6X L (0.4X) + S (0.6X)
C o m b ination Fuel Y = L + S

For the purposes of this subsection: (a) “X” m eans the m a ximum input of the operation in m illio ns of Btu’s per hour. (b) “Y” m eans the allowa ble rate of e m issions of sulfur in pounds per hour. (c) “L” m eans the percentage of total input of heat deri ved from liquid fuel. (d) “S” m eans the percentage of total input of heat derived from solid fuel. [Environm e n tal Comm ’ n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and

renum bered as § 8.2.2, 12-4-76; renum b ered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A

and renum bered as § 8.2.3, 12-4-76; renum bered as § 8.2.1.2, 12-15- 77; § 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; R022-99, 9-27-99)—(Su bstitu ted in revision for NAC 445B.373)

Appears as NAC 445B.383 in the Petition

NAC 445 B. 22073 Municipal so lid w a ste landfills. ( NRS 445B.210 ) 1. Except as oth e rwis e provided in subsect ion s 2 and 3, a municipal s o lid waste la ndf ill m u st: (a) Install a system designed to collect and control the em issi on of nonm e thane organic

com pounds not later than 30 m onths after the date on which the rate of e m ission of nonm ethane organic compounds by the m unicipal solid waste la ndfill is equal to or greater than 55.125 tons per year. T h e system designed to collect an d control the em ission of nonmethane organic

com pounds must m eet the requirements set forth in 40 C.F.R. § 60.752(b)(2)(ii) and m u st have: (1) A flare designed and operated pursuant to 40 C.F.R. § 60.18; (2) An enclosed com bustor de signed and operated to reduc e the concentration of

nonm e thane organic co mpounds at the outlet to no m o re than 20 parts per m illion as hexane b y volum e, dry basis at 3 percent oxygen; or (3) A system of e m ission control designed and operated to reduce the em ission of

nonm e thane organic compounds by 98 weight percent. (b) Comply with the requirem ents se t forth in 40 C.F.R. § 60.753, 40 C.F.R. § 60.755 and 40 C.F.R. § 60.756. (c) Maintain records and subm it reports pursuant to 40 C.F.R. § 60.757 and 40 C.F.R. § 60.758, as applicable, except as otherwise provided in 40 C.F.R. § 60.24.

2. A municipa l solid waste landf ill is exe m pt f r om the provisio n s of subsection 1 if the municipal s o lid was t e landf ill is n o t and was not the site of constr uction, reco nstruc tion o r modification that comm e n ced before May 30, 1991.

3. A m u nicipa l solid waste landf ill is exem pt f r om the provisions of paragr aphs ( a ) and (b) of

subsection 1 if the m unici pal so lid wa ste landf ill: (a) Did not accept waste on or after Nove mber 8, 1987, and has a de sign capacity that does not allow for a deposit of waste in the future; (b) Has a design cap acity les s th an 2.756 m illio n tons if the des i gn cap acity is calculated in tons, less th an 3.27 m illion cubic yards if the design capacity is calcu lated in cubic yards, or les s than 2.756 m illion tons and 3.27 m illion cub i c yards if the design capacity is calcu l ated in both tons and cubic yards; or

3(c) Has a rate of em ission of nonm ethane organic com pounds that is less than 55.125 tons per

year. 4. For the purposes of this section: (a) The design capacity of a m unicipal solid waste landf ill m a y be c a l cula ted sole ly in either tons or cubic yards. A conversion of density, if any, m u st be docum ented and included with the calculation of design capacity. (b) The rate of em ission of nonm e thane organic com pounds m u st be calculated pursuant to 40 C.F.R. § 60.754, as applicable.

5. As used in this section: (a) “Design capacity” has the m ean ing ascribed to it in 40 C.F.R. § 60.751. (b) “Enclosed com b uster” has the m eaning ascribed to it in 40 C.F.R. § 60.751. (c) “Flare” has the m eaning ascribed to it in 40 C.F.R. § 60.751. (d) “Municipal solid wast e landfill” has the m eaning ascribed to it in 40 C.F.R. § 60.31c. (Added to NAC by Environm e n tal Comm ’ n by R204-97, eff. 3-5-98; A by R022-99, 9-27-99)— ( Substitu ted in revis i on for NAC 445B.383)

4

### LCB File No. R019-99; Petition 1999-03

Sec. 1. of Petition 1999-03 subsequently codified as;

NAC 445B.255 Monitoring guidelines. ( NRS 445B.210

, 445B.225 ) The Di vision m a y estab lish gu ideline s f o r mon itoring a stationary source. (Added to NAC by Environm en tal Comm ’n by R019-99, eff. 9-27-99)

6

# JANUARY 22, 1998

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted January 22, 1998, Eff e ctive M a rch 5, 1998

LCB File No. R105-97; Petition 97004

NAC 445B.011 “Air pollution” d e fined. ( NRS 445B.210 ) “Air pollution” has the m eaning

ascrib ed to it in NRS 445B.115

. [Environm ental Comm ’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renum bered as § 1.6, 12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98)

NAC 445 B.019 “Applicable requirement” defined. ( NRS 445B.210 ) “Applicab le requirem e nt” m eans, as applie d to a stationary source: 1. Any standard or other relevant requirem e nt: (a) Provided in NRS 445B.100 to 445B.640 , inclusive, and NAC 445B.001 to 445B.3497

, inclus ive, ex cept for the standard s for am bient air estab lished in NAC 445B.22097 ; (b) Prov ided in th e applicab le implem en tation plan approved or adopted by the E P A pursuant to 42 U.S.C. §§ 7401 to 7515, inclusive; (c) For a hazardou s air po llu tant a dopted pursuant to 42 U.S.C. § 7412, in cluding any requirem e nt regard ing th e preven tion of accidental releases; (d) For a program t o control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o,

inclus ive; (e) For enhanced m o nitoring or f o r com p liance certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 7661c(b); (f) For solid waste incineration unit s adopted pursuant to 42 U.S.C. § 7429; (g) For consum er and comm ercial products or tank vessels adopted pursuant to 42 U.S.C. § 7511b; and (h) For the protection of stratospheric ozone adopted pursuant to 42 U.S.C. §§ 7671 to 7671q,

inclus ive, u n less th e Adm i nistr a tor determ ines that such provisions are not required in an operating pe rm it; 2. A new source perfor m ance standard adopted pursuant to 42 U.S.C. § 7411;

3. Any term or condition of any perm it i ssued pursuant to the requirem e nts of 42 U.S.C. §§ 7401 to 7515, inclusive, including provision s regarding the prev ention of significant deterioration of air quality and new source review; and 4. Any national am bi ent ai r quality standard or requirem e nt re gard ing increm ents or visibility adopted pursuant to 42 U.S.C. §§ 7470 to 7492, inclus ive, as the standard applies to a tem porary source for which the ow ner or ope rator has applied for and obtained an operating permit pursuant

to NAC 445B.287 to 445B.3497 , inclusive. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98)

NAC 445 B. 0425 “Co mmission” defined. ( NRS 445B.210 ) “Comm i ssion” has the m e aning

ascrib ed to it in NRS 445B.120

. (Added to NAC by Environm ental Comm ’n, eff. 10-30-95; A by R105-97, 3-5-98)

NAC 445B. 044 “Construction” defined. ( NRS 445B.210 ) “Construction” m eans erection or

installation of an e m ission unit.

2[Environm ental Comm’n, Air Quality Reg

. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 3-5-98)

NAC 445 B. 058 “Emission” defined. ( NRS 445B.210 )

1. “Em i s s ion” m eans the act of passing into the atm o sphere a regulated air pollutant or a gas

stream which contains, or m a y c ontain, a regulated air pollutant.

2. The term includes the m a terial passed to the atm o sphere. [Environm ental Comm’n, Air Quality Re g

. § 1.22, eff. 11-7-75; renum bered as § 1.65, 12-4-76]—(NAC A by R105-97, 3-5-98)

NAC 445B. 220 Severability. ( NRS 445B.210 ) If any of the provisions of NAC 445B.001 to
445B.3497 , inclusive, or any applica tion thereof to any per s on, thing or circum stance is held invalid, it is intended that such i nva lidity no t af f

ect the rem a ining provisions, or th eir application, that can be given effect without the invalid provision or application. [Environm ental Comm ’n, Air Qualit y Reg. § 2.1.1, eff. 11-7- 75]—(NAC A by R105-97, 3-5-98)

Appears as NAC 445B.360 in the Petition.

NAC 445B. 22027 Emissions of particu l ate matter: Ma ximum a llo w a ble thro ughput for

calcula t ing emis sions rates. ( NRS 445B.210 ) For purposes of NAC 445B.22027 to
445B.22037 , inclusive, the m a xi m u m allowable throughput to be used to calculate allowable

em ission rates m u st be the m a xi m u m pr ocess weight for an em ission unit. [Environm ental Comm’n, Air Quality Reg

. § 7.2.4, e ff. 11-7- 75; A 12-4-76]—(NAC A 10-22-87; 12-26-91; R105-97, 3-5-98)—(Subs tituted in revision for NAC 445B.360)

Appears as NAC 445B.363 in the Petition.

NAC 445 B. 22033 Emissions of p a rticu l ate matter: So urces not o t herw ise limited. ( NR S

445B.210 )

1. Owners or operators of sta tionary sources not otherwise included in NAC 445B.22027 to
445B.22037 , inclus ive, shall no t cause or permit PM 10 to be discharged from any em ission unit

into the a t mosphere in e x cess of the allowab l e em ission determ ined by the use of the form ula

contained in subsection 2 or 3.

2. W h e n the m a xi mum allowable through put is less than 30 tons per hour, the m a xim u m allowable weight discharged per hour m u st be determ ined by using the following equation:

E = 4.10P 0. 67

3. W h e n the m a ximum allowable thr oughput equals or exceed s 30 tons per hour, the

m a xi m u m a llowable weight discharged per hou r m u st be determ ined by using the following equation:

E = 55P 0. 11 - 40

4. For the purposes of subsections 2 and 3: (a) “E” m eans the maxim u m rate of e m ission in pounds per hour. (b) “P” m eans the maxim u m allowable throughput in tons per hour.

3[Environm ental Comm ’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11- 7-75]—(NAC A 10-19-83; 10-15-85; 10-22-87; 9-19-90; 12-26 -91; 10-30-95; R105-97, 3-5-98) —(Substituted in revision for NAC 445B.363)

NAC 445 B. 224 Public and confidential in for m ation. ( NRS 445B.210

, 445B.570 )

1. The Director shall m a intain all pub lic inform ation obtained in the course of the perform a nce of the duties set forth in NRS 445B.100 to 445B.845 , inclusive, at 333 W e st Nye Lane, Carson City, Nevada 89706-0851.

2. The content of an operating perm it is public inform ation and cannot be certified as

confidential inform ation.

3. Inform ation concerning the em ission of a regulated air pollutan t which has an am bient air quality standard or em ission standard or has b een designated as a hazard ous air pollutant by the EPA cannot be certified as being confidential.

4. An o w ner or op erato r who subm its inform ation under a claim of confidentiality shall

subm it: (a) One copy of the in for m ation to the Director; and (b) One copy of the info r m ation to the Adm i nistrator. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.7.1 & 2.7.2, eff. 11-7-75]—(NAC A 12-13-93; 10-30-95; R105-97, 3-5-98)

NAC 445B.242 Modification: Alterations which a re not considered modifications. ( NR S

445B.210 ) The following are not by them selves considered m odifications under NAC 445B.235

to 445B.250 , inclusive:

1. Main tenance, rep a ir and rep l acem ent wh ich th e Director d e term i n es to be ro utine for a source category, subject to NAC 445B.247

. 2. An increase in the production rate of an existing facility, if that increase can be

accom p lished without a capital exp e nditu re on th e station a ry sou r ce contain i ng that facility,

unless th e change would be prohib i ted by an enforceab le restriction on th e perm it.

3. An increase in the hours of operati on, unless the change would be prohibited by an

enforceable restriction o n the perm it.

4. Use of an alternative fuel or raw m a terial if, before the date any standard under NAC

445B.235 to 445B.250 , inclus ive, b ecom e s applicable to th at sou r ce ty pe, the ex isting f a cility was designed to accommodate that alterna tive use. A f acility is considered to be designed to

accomm odat e an alternative fuel or raw m a terial if that use could be accom p lished under the facility’s construction sp ecifications, as am ende d, before the ch ange. Conversion to coal required for energy considerations, as specified in sect ion 119(d)(5) of the Act, is not considered a modification.

5. The addition or use of any system or device whose prim ary function is the reduction of regulated air pollutants, except when an em ission contro l sy stem is removed or is replaced by a

system which the Director determ ines to be less environm entally beneficial. 6. The relocation or change in ownership of an existing facility. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.14.5-2.14.5.6, eff. 12-4-76]—(NAC A 9-19-90; R 12-13-93, eff. 11-15- 94; A 10-30-95; R105-97, 3-5-98)

NAC 445 B. 250 Notific a tion of p l anned construction o r reconstruc tion. ( NRS 445B.210

, 445B.300 ) Any owner or operator subj ect to the provisions of NAC 445B.235 to 445B.250

, inclus ive, sh all f u rnish th e Direc t or w r itten notif ic ation of :

41. The date that construc tion, or reconstruction as defined under NAC 445B.247 , of an affected facility is co mmenced, postm arked no la ter than 30 day s af ter suc h date. This requirem e nt does not apply in the case of mass- produced facilities wh ich are purchased in

com p leted form

. 2. The a n tic ipated d a te of in itial sta r t-up of an affected facility, postm arked not more than 6 0 days nor less than 30 days before such date.

3. The actual date of init ial s t art-up of an affected facilit y, postm arked within 15 days after

such date. 4. Any physica l or opera tional c h ange to an existing f acility which may incre a se the em ission rate of any regulated air pollutant to which a sta ndard applies, unless that change is s p ecifically

exem pted under an appli cable section or in NAC 445B.239 or 445B.242 and the exem ption is

not denied under those sections. The notice m u st be post m arked 60 days or as soon as practicable before the change is commenced and m u st include inform a tion describing the precise nature of the change, present and proposed em ission contro l system s, productive capacity of the facility before and after the change, and the expected co m p letion date of the change. The Director m a y request additional relevant inform a tion subsequent to this notice.

5. The date upon which dem o nstration of the continuous m onitoring system perform a nce commences in acco rdance with NAC 445B.256 to 445B.267 , inclusive. Notification m u st be

postm arked not less than 30 days before such date. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98)

NAC 445 B.325 Operating permits: Termin ation, reo p e ning and revision, revision, or

revocation and reissua n ce. ( NRS 445B.210

, 445B.300 )

1. A Cl ass I operating perm it must be re opened and revised to incorporate any additional applicable requirem e nt adopted pursuant to the Ac t if, on the effective da te of the applicable requirem e nt, the operating perm it has a rem a ining term of 3 or m o re years. The reopening m u s t
be com p leted no later than 18 m onths after th e effective date of the applicable requirem e nt.
2. An operating perm it m a y be term inat ed, reopened and revised, revised, or revoked and

reissu ed if : (a) The Directo ror the Adm i nistrator d e te rmines that the operating perm it contains a m a terial

m i stake or is based on in accurate s t atem ents; (b) The Director or the Adm i nistrator dete rm ines that the operating perm it, as written, does

not ensure c o m p liance with all applicable requirem ents; or (c) The Directo r determ ines that there has been a violation of any of the provisions of NAC

445B.001 to 445B.3497 , inclusive, any applicable requirem e nt, or any condition contained in the operating perm it.

3. The Director shall notify the holder of the operating perm it at least 30 days before he

term inates, reopens and revises, revises, or revok es and reiss u es the op er ating pe rm it. The notic e must be m a de by certified m a il and m u st contai n the legal authority, the jurisdiction and the

reasons for the action taken.

4. If the Adm i nistrator notifies the Direct or and the holder of the operating perm it that cause exists to reopen the operating perm it, the Direct or shall forw ard to the Adm i nistrator a proposed

determ ination of the reopening and revision, the re vision of, or the revocation and reissuance of the oper a tin g perm it within 90 da ys af ter re ceip t of the notice f r om the Adm i nistr a tor

. 5. If the Director reopens an operating perm it, he shall revise only those portions of the operating perm it for which cause exists.

56. The reopening of an operating perm it pursuan t to this section m u st com p ly with all of the

relev a nt req u irem ents f o r the issu anc e or revis i on of a per m it, including th e requirem e nts related to the content of the perm it and the requirem e nt s for notice, public p a rticipation and comm ent

, and a rev i ew by any affected s t ates. (Added to NAC by Environm ental Comm’ n, 12-13-93, ef f. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98)

Appears as NAC 445B.306 in the Petition.

NAC 445B.340 Prereq uisites to is suance, revis ion or renew a l of permit. ( NRS 445B.210

, 445B.300 ) The Directo r m a y issue a Class I operating pe rm it, or a revision of or a renewal of a Class I operating perm it, if:

1. The Director has: (a) Received a com p lete application for a C l ass I operating pe rm it or for a revision of or a

renewal of a

Class I ope r a ting pe rm it; (b) Completed all requirem e nts regardin g pu blic p a rtic ip ation and comment pursuant to NAC

445B.3395 ; and (c) Notified and responded to all comm ents from affected s t ates;
2. The conditions of the operating perm it provide f o r c o m p liance with the req u irem ents o f

NAC 445B.001 to 445B.3497 , inclusive, and any other ap plicable requirem e nts; and

3. The Adm i nistrator has received a c opy of the proposed operatin g perm it, any necessary supporting infor m ation, and any notices to the pub lic and affected states required pursuant to

NAC 445B.3395 , and has not objected to the issuance of the operating perm it within 45 days after receipt of the pr oposed operating perm it. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98)—(Substitu ted in revision for NAC 445B.306)

6

# MARCH 26, 1996

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted March 26, 1996, Eff ecti v e M a y 3, 1996

LCB File No. R021-96; Petition 96009

NAC 445B.028 “Best available control technology” defined. ( NRS 445B.210 ) For a stationary source that is subject to the provi sions of 40 C.F.R. § 52.21, “best available control technology” has the m eaning ascribed to it in 40 C.F.R. § 52.21, as incorporated by reference in

NAC 445B.221

. [Environm ental Comm ’n, Ai r Quality Reg. Art. 1 part § 1, eff. 8-28-79]—(NAC A 10-22-87; 9-19-90; 3-29-94, eff. 11- 15-94; 10-30-95; 5-3-96)

NAC 445 B.138 “Potential to emit” defined. ( NRS 445B.210 ) “Poten tia l to em it” m e ans the

m a xi m u m c a pacity of a stationary source to em it a regulated air pollutant under its physical and operational design. Any physical or operational lim itation on the capac ity of a stationary source

to em it a regulated air pollutant , including equipm ent for the c ontrol of air pollution and any restrictions on the hours of opera tion of the stationary source or on the type or am ount of

m a terial combusted, stored or processed, m a y be tr eated as part of its design for the purposes of

determ ining its potential to em it if the lim itation is enforceable by the Director. [Environm ental Comm’n, Air Qua lity Reg. part § 1.115.5, e ff. 10-16-80]—(NAC A 12-13-93; 10-30-95; 5-3-96)

2

### LCB File No. R011-96; Petition 96006

Appears as NAC 445B.339 in the Petition.

NAC 445B.2201 Haz a rdous air pollutants and t oxic regulated air pollutants:

Determination of substances. ( NRS 445B.210 )

1. A substance is a hazardou s air po llu tant if it is on the federal list of hazardous air pollutants set forth in 42 U.S.C. § 74 12(b), which is adopted pursuant to NAC 445B.221

. 2. A substance is a toxic regulated air po llutant if the C o mm ission determ ines that it causes or contributes to air pollution wh ic h m a y reasonably be an tic ipated to result in an incre a se in mortality or an inc r eas e in s e riou s ir rever s ible or in capac ita ting reve r s ible illness

, unless a federal standard for the quality of ambient air, standard for the quality of am bient air adopted by

the Comm is sion, new source perform a nce standard or national em ission standard for hazardous air pollutants applies. (Added to NAC by Environm ental Comm ’n, eff. 12-5-84; A 10- 18-88; 10-29-93; 12-13-93; 10-30-95; 5

- 3-96)—(Sub s titu ted in revision for NAC 445B.339)

Appears as NAC 445B.349 in the Petition.

NAC 445B.22013 Hazardous air pollutants and toxic reg ulated air pollutants : Prohibite d discharge. ( NRS 445B.210 ) An owner or operator shall not ca use or p e rm it the dis c harge into

the atm o sphere from any stationary source of an y hazardous air po llu tan t or toxic regulated air pollutant th at threaten s the health and safety of the general public, as determ ined by the Director. (Added to NAC by Environm ental Comm ’n, eff. 12-5-84; A 10- 22-87; 12-8-89; 12-13-93; 10-30-95; 5

- 3-96)—(Sub s titu ted in revision for NAC 445B.349)

3

# OCTOBER 03, 1995

1

## NEVADA ADMINISTRATIVE CODE SECTIONS Adopted October 3, 1995, Effective October 30, 1995

LCB File No. 032-95; Petition 95010

NAC 445B. 005 “Affected facility” defined. ( NRS 445B.210 ) “Affected facility” m eans, with reference to a stationary or te m porary source, any apparatus to which a standard is applicable. [Environm ental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79 ]—(NAC A 10-22-87; 10-30-95)

NAC 445B. 010 “Air contaminant” defined. ( NRS 445B.210 ) “Air contam inant” has the

m eaning ascribed to it in NRS 445B.110

. [Environm ental Comm ’n, Air Quality Reg. § 1.2, eff. 11- 7- 75; renum bered as § 1.5, 12-4-76; A 8-28-79]—(NAC A 10-30-95)

NAC 445B.013 “Allow a ble emissions” defined. ( NRS 445B.210 ) “Allowable em issions ”

m eans the em issions from a stationary source at its des i gne d m a xim u m capac ity or at its ac tua l

m a xi m u m capacity, whichever is greater, except as redu ced by any federally enforceable

lim itations o n its em issio n s which are estab lished : 1. By Ne vada laws or regulations; 2. By any applicable requirem e nt; or
3. By c onditions of the stationary s ource’s operating perm it, i m pos ed on the em ission rate, the type or a m ount of m a terials com busted or processed, the operating rates, the hours of operation, or any other factor lim iting production or em ission, whichever is m o st string ent.

¬ For Class II sou r ces that are not s ubject to fe deral requirem ents, e m ission lim itations need not be federally enforceable. [Environm ental Comm’n, Air Quality Reg

. § 1.6.5, eff. 10-16-80]—(NAC A 10-22-87; 12-13-93; 10-30-95)

NAC 445B. 014 “Alteration” defined. ( NRS 445B.210 ) “Alteration” m eans any addition to, or enlargem ent, replacem e n t, m odification or chan ge of the design, capacity, process, arrangem e nt, operating hours or control apparatu s that will affect the kind or am ount of regulated air pollutants

em itted. (Added to NAC by Environm en tal Comm ’n, eff. 12-8-89; A 10-30-95)

NAC 445B. 015 “Alternative meth od” defined

. ( NRS 445B.210 ) “Alternative m e thod” m eans

any m e thod of sam p ling and analyz ing for a regulated air pollutant which is not a reference or equivalent m e thod, but which has been dem o nstrated to the satisfaction of the Director that, in specific cases, it produ ces results ad e quate to d e te rm ine com p liance. [Environm ental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79 ]—(NAC A 10-30-95)

NAC 445B.016 “Alternative operating scenarios” defin e d. ( NRS 445B.210 ) “ A lterna tive operating scenarios” m e ans two or more m odes or types of operation speci f i ca lly id entif ied by a stationary source in its applica tion and approved by the Director as a condition or as conditions of the source’s operating perm it. (Added to NAC by Environm ental Comm ’n, 12-13-93, eff. 11-15-94; A 10-30-95)

2NAC 445B.035 “Class I-B application” defined. ( NRS 445B.210 ) “Class I-B applic ation ”

m eans an application for a Class I op erating perm it th at is req u ired f o r an y new stationary source or significant m odification to an existing stationary source whic h is subject to the requirem e nts of 42 U.S.C. §§ 7661 to 7661f, inclusive. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96)

NAC 445 B. 049 “Criteria pollutant” defined. ( NRS 445B.210 ) “Criteria pollu tant” m e ans a regula t ed air pollutan t f o r which the Adm i nistra to r has established a national am bient air quality

standard. (Added to NAC by Environm en tal Comm ’n, eff. 12-13-93; A 10-30-95)

NAC 445 B. 059 “Emission unit” defined. ( NRS 445B.210 ) “Em i ssion unit” m eans a part of a stationary source which em its or has the pot ential to em it any regulated air pollutant. [Environm ental Comm’n, Air Quality Reg

. § 1.57.5, eff. 10- 16-80]—(NAC A 10-22-87; 3-29-94, eff. 11-15-94; 10-30-95)

NAC 445 B. 062 “Equiv a lent method” defined. ( NRS 445B.210 ) “Equivalent m e thod” m eans

any m e thod of sa m p ling and analyzing for a regulat ed air pollutant which has been demonstrated

to the Direc t or’s sa tisf action to hav e a consis tent and quantitatively kn own relationship to the

reference m e thod under specified co nditions. [Environm ental Comm ’n, Air Qualit y Reg. § 1.67, eff. 12-4- 76]—(NAC A 10-30-95)

NAC 445 B. 065 “Existing facility” defined. ( NRS 445B.210 ) “Existing facility” with reference to a stationary source m eans any apparatus of the type for which a standard is adopted in NAC

445B.001 to 445B.601 , inclusive, the construction or m odification of which was commenced before the date on which the standard was proposed or any apparatus which could be altered in such a way as to be of that type. [Environm ental Co mm’n, Air Quality Reg. § 1.72, eff. 12-4-76]—(NAC A 10-22-87 ; 10-30-95)

NAC 445B.066 “Existing stationa ry source” defined. ( NRS 445B.210 ) “Existing stationary

source” m eans: 1. For stationary sources subject to 42 U.S.C. § 7412, any stationary source other than a new stationary source.

2. For all other stationary sources, a sta tion a ry sou r ce which was c onstructed, or for which the owner or opera tor subm itted a com p lete a pplica tion f o r an ope ra ting pe rm it, bef o re the effective date of the program

. [Environm ental Comm’n, Air Quality Re g

. § 1.26, eff. 11-7-75; renum bered as § 1.73, 12-4-76]—(NAC A 12-13-93; 10-30-95)

NAC 445 B.068 “Facility” de fine d. ( NRS 445B.210 ) “Facility” includes any groups of

activities which em it regulated air pollutants, ar e located on one or m o re contiguous properties, and are owned, operated or controlled by the sam e person. [Environm ental Comm ’n, Air Qual ity Reg. § 1.64, eff. 5- 7-80]—(NAC A 10-30-95)

3NAC 445B. 077 “Fugitive emissions” defined. ( NRS 445B.210 ) “Fugitive em issio n s” m e ans

em issions of any regula t ed a i r po llutants, inc l u d ing f ugitiv e dust, whic h could not reasonab l y pass through a stack, chimney, vent or a functionally equivalent opening. [Environm ental Comm ’n, Air Qualit y Reg. § 1.75.5, eff. 10-16-80] —(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

NAC 445 B. 082 “General permit” defined. ( NRS 445B.210 ) “General p e rm it” m e ans an operating perm it issued by the Director to c over num e rous sim ilar stationary sources. (Added to NAC by Environm ental Comm ’n, 12-13-93, eff. 11-15-94; A 10-30-95)

NAC 445 B.096 “Maximum ach i evable con t rol technology” defin e d. ( NRS 445B.210 )

“Maxim um achievable control technology” means any measure, process, m e thod, system or techniqu e ap plied to a s t ationary source which provides the m a xi m u m degree of red u ction in th e

em ission of hazardous air pollu tants as follows:

1. For new sta tionary sources, the m a xi m u m degree of reduction in emissions m u st be no less string ent tha n the contro l of em issio n s tha t is a c h ieved in p r actice by th e best con t r o lled sim ilar stationary so urce, as d e term ined by the Adm i nistrator.

2. For existing stationary sources, the m a ximum degree of reduction in em issions m u st be no less stringent than the requirem e nts se t forth in 42 U.S.C. § 7412(d)(3). (Added to NAC by Environm en tal Comm ’n, eff. 12-13-93; A 10-30-95)

NAC 445 B. 099 “Modification” defined. ( NRS 445B.210 ) “Modification” m eans any physical change in, or change in the m e thod of operation of a stationary source which:

1. Increases the amount of any regulated ai r pollutant, to which a st andard applies, em itted

into the atm o sphere by that stationary source; or

2. Results in the em ission of any regulated air pollu tants, to which a standard applies, into the

atm o sphere if the regu lated air po llu tants were no t prev iously em itted. [Environm ental Comm ’n, Air Quality Re g. § 1.109, eff. 12-4-76; A and renumbered as § 1.95, 5-7-80]—(NAC A 10-30-95)

NAC 445 B. 108 “New stationary s o urce” defined. ( NRS 445B.210 ) “New statio nary source ”

m eans: 1. For stationary sources subject to the re quirem ents of 42 U.S.C. § 7412, a stationary source for which the owner or operator comm enced cons tru c tion o rre construc tion af ter the

Adm i nistrator proposed regulations pursuant to 42 U.S.C. § 7412 which established an em ission standard app licab le to th e stationary source.

2. For all other stationary sources, a stationary source or modification for which an owner or

operato r has not subm itted a com p lete app lic atio n for an operating perm it before the effective date of the program

. [Environm ental Comm ’n, Air Quality Reg. § 1.41, eff. 11-7-75; renum b ered as § 1.114, 12-4-76; A and renum bered as § 1.100, 5-7-80]—(NAC A 12- 13-93; 10-30-95)

NAC 445B.112 “Nonattainment area” defined. ( NRS 445B.210 ) “Nonattainm ent area”

m eans, for any regulated air po llutant, an area:

1. W h ich is shown by m onitore d data or is calcu lated b y air qua lity m odeling or any othe r

m e thod det e rm ined by the Adm i nistrato r to be reliable, to exceed any national standard o f

am bient air quality for the regulated air po llutant;

2. W h ich is designated as a nonattainm e nt area by the Governor; and

43. W h ich is prom ulgated as a nonattainm e nt area by the Adm i nistra tor. [Environm ental Comm’n, Air Quality Reg

. § 1.103, e ff. 5-7-80] —(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

NAC 445B. 116 “Odor” defined. ( NRS 445B.210 ) “Odor” m eans a c h aracteristic of a regulated air pollutant which m a ke s it percep tible to the se nse of sm ell. [Environm ental Comm ’n, Air Quality Reg. § 1.43, eff. 11-7-75; renum b ered as § 1.118, 12-4-76]—(NAC A 10-30-95)

NAC 445 B. 117 “Offset” defined. ( NRS 445B.210 ) “Offset” m eans a reduction in em issions at an existing stationary source which is greater than a corresponding increase in em issions of the

sam e regulated air po llu tant at a new stationary source or a m o dificat ion of a stationa ry source in

the sam e nonattainm e nt area. (Added to NAC by Environm en tal Comm ’n, eff. 3-29-94; A 10-30-95)

NAC 445 B. 130 “Pathological w a stes” defined. ( NRS 445B.210 ) “Path o logical was t es” m eans hum a n and anim al rem a ins consisting of carcasse s, organs and solid organic wastes from hospitals, laboratories, aba ttoirs, anim al pounds and sim ilar stationary sources. [Environm ental Comm ’n, Air Quality Reg. § 1.48, eff. 11-7-75; renum b ered as § 1.125, 12-4-76]—(NAC A 10-30-95)

NAC 445 B. 145 “Process w e ight” defined. ( NRS 445B.210 ) “Process weight” m e ans the to tal weight of a ll m a terials introdu ced into an em ission unit including solid fuels, bu t exclud ing liquids and gases used solely as fuels and air introduced for purposes of com bustion of the fuel. [Environm ental Comm ’n, Air Quality Reg. § 1.50, eff. 11-7-75; renum b ered as § 1.143, 12-4-76; A and renum bered as § 1.140, 8-28-79]—(NAC A 10-30-95)

NAC 445 B. 152 “Reference metho d ” defined. ( NRS 445B.210 ) “Reference m e thod” m e ans

any m e thod of sa m p ling and analyzing for a regulat ed air pollutant as described in Appendix A of 40 C.F.R. § 60. [Environm ental Comm ’n, Air Quality Re g. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A 10-30-95)

NAC 445B. 153 “Regulated air pollutant” defined. ( NRS 445B.210 ) “Regulated air pollu tan t ”

m eans: 1. Nitrogen oxides or any volatile organic compounds; 2. Any pollutant subject to: (a) A national am bi ent air quality standard ; (b) A standard or requirem ent a dopted pursuant to 42 U.S.C. § 7411 or 7412; or (c) A standard established pursuant to NAC 445B.22097 ; or 3. Any Class I or Class II substance subjec t to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive. (Added to NAC by Environm ental Comm ’n, 12-13-93, eff. 11-15-94; A 10-30-95)

NAC 445 B. 177 “Source” defined. ( NRS 445B.210 ) “Source” has the meaning ascribed to it in

NRS 445B.155

. [Environm ental Comm ’n, Air Quality Reg. § 1.60, eff. 11-7-75; renum b ered as § 1.177, 12-4-76]—(NAC A 10-30-95)

5NAC 445 B. 180 “Stack” and “chimney” defined. ( NRS 445B.210 ) “Stack” o r “chim ney”

m eans any fl ue, conduit or duct which conducts a regulated air pollutant to the atm o sphere. [Environm ental Comm ’n, Air Quality Reg. § 1.62, eff. 11-7-75; renum b ered as § 1.178, 12-4-76]—(NAC A 10-14-82; 3-29- 94, eff. 11-15-94; 10-30-95)

NAC 445B. 196 “Toxic regulated air pollutant” defined. ( NRS 445B.210 ) “Toxic regulated air pollutant” m eans a substance designated as such by the Commission based upon the

Comm ission’s determ ination of the extent to whic h the substance presents a risk to the public

health. (Added to NAC by Environm ental Comm ’n, eff. 12-5-84; A 11- 23-92; 10-29-93; 12-13-93; 10-30-95)

Appears as NAC 445B.365 in the Petition.

NAC 445 B. 22037 Emissions of particula t e ma tter: Fugitiv e dust. ( NRS 445B.210 )

1. No person m a y c a use or perm it the hand ling, transporting or stori ng of any m a terial in a

m a nner whi c h allows or m a y allow controllabl e particulate m a tter to becom e airborne.

2. Except as otherwis e provided in subsection 4, no person m a y cause or perm it the

construction

, repair, d e molition, or use of unp aved or untreated areas w ithout first putting in to effect an ongoing program using the best practi cal m e thods to prevent particulate m a tter from

becom i ng airborne. As used in this subsection, “best practical m e thods” includes, but is not

lim ited to, paving, chem ical stabilization, wate ring, phased construc tion and revegetation.

3. Except as otherw ise provided in s ubsection 4, no person m a y disturb or cover 5 acres or more of land or its topsoil until he has obtaine d an operating perm it for surface area disturbance to clear, excavate, o r lev e l the land o r to depos it any foreign m a terial to f ill o r cover the land. 4. The provisions of s ubsections 2 and 3 do not apply to: (a) Agric u ltur a l ac tiv ities o ccur r in g on agricu ltural land; o r (b) Surface distu r bances authorized by a perm it issued pursuant to NRS 519A.180 which

occur on lan d which is n o t less than 5 acres o r more than 20 acres. [Environm ental Comm’n, Air Quality Reg

. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77] —(NAC A 9- 19-90; 12-26-91; 1 2 -13-93; 10 -30-95)— ( Substitu ted in revision for NAC 445B.365)

Appears as NAC 445B.393 in the Petition.

NAC 445 B. 22087 Odors. ( NRS 445B.210 )

1. No person m a y discharge or cause to be discharged, from any stationary source, any

m a terial or regulated air pollutant which is or te nds to be offensive to the senses, injurious or

detr im ental to health and saf e ty, or which in any way interf er es with or pr events the c o m f ortable enjoym ent of life or property.

2. The Director shall investigate an odor when 30 percent or m o re of a sam p le of the people exposed to it believe it to be obj ectionable in usual places of o ccupancy. The sam p l e m u st be at least 20 people or 75 percent of those expos ed if fewer than 20 people are exposed.

3. The Director shall deem the odor to be a violation if he is able to m a ke two odor

m easure m ents within a period of 1 hour. These m eas urem e n ts m u st be separated by at least 15

m i nutes. An odor m easurem ent consists of a de tectable odor after the odorous air has been diluted with eight or m o r e volum es of odor-free air. [Environm ental Comm’n, Air Qu ality Reg. §§ 10.1.1-10.1.3, eff. 11-7-75]—(NAC A 10-30-95)—(Substituted in revision f o r NAC 445B.393)

6NAC 445B. 225 Prohibited conduct: Concealment of emissions. ( NRS 445B.210 ) No person

m a y install, construct or use any dev i ce which co nceals any em ission without reducin g the to tal release of regulated air p o llutants to the atm o sphere. [Environm ental Comm’n, Air Quality Reg. § 2.2.1, eff. 11-7- 75]—(NAC A 10-22-87; 10-30-95)

NAC 445 B. 227 Prohibited cond uct: Opera t ion of so u rce w i thout required equipment;

removal or modification of required equipment; modification of req uired procedure. ( NR S

445B.210

, 445B.300 ) Except as oth e rwise prov ided in NAC 445B.001 to 445B.3497 , inclusive,

no person may: 1. Operate a stationary source of air pollu tion unless the control eq uipm ent for a i r pollution which is required by a pplicable requirem e nts or conditions of the perm it is installed and operating.

2. Disconnect, alter, m odi fy or rem ove any of the control equipm ent for air pollution or modify any procedure required by an applicab le requirem e nt or condition of the perm it. [Environm ental Comm’n, Air Quality Reg

. § 2.2.2, eff. 12-15-77]—(NAC A 10-14-82; 10-15-85; 8-22-86; 10-22-87; 3- 29-94, eff. 1-11-96; 10-30-95)

NAC 445B.229 Haz a rdous emis sions: Ord er for red uction or discontinua nce. ( NR S

445B.210

, 445B.450 ) W ithout limiting the authority of an y state officer to declare or to act on

an em ergency, the Director or local air pollu tion control agency, up on determ ining that a generalized condition of air pollutio n exists or that the em ission from one or m o re stationary sources of regulated air pollutants is causing a danger to hum a n health or safety, m a y order persons causing or contributing to the air pollu tion to immediately reduce or discontinue all

em ission of contam inants. [Environm ental Comm ’n, Air Qualit y Reg. § 2.4.1, eff. 11-7- 75]—(NAC A 10-30-95)

NAC 445 B. 233 Excess emiss i ons: Determ ination of violation. ( NRS 445B.210 )

1. The Director shall determ ine from th e subm ission of data and infor m ation required in

subsection 5 of NAC 445B.232 or other inform a tion available to him that no violation occurred

if : (a) The excess em ission was th e result of a routine start-up or shutdown for purposes of controlling production; (b) The amount and duration of the excess em issions were m i ni m i zed to the extent practicable during the period of start-up or shutdown; and (c) Any one of the following conditions existed: (1) T h e effluent gas could not be passed through the equipm ent for controlling pollution without causing severe property damage. (2) T h e effluent gas could not be passed through the equipm ent for controlling pollution without causing severe upset of the process. (3) T h e excess em ission was the result of igniter smoke which c ould not be controlled by the equipm ent for control used for norm al operation.

2. If the owner or operator m i srepresents f acts or fails to disclose f acts of which he had prior knowledge, the Director shall deem that the period of excess em issions violates NAC 445B.001

to 445B.3497 , inclusive.

3. Nothing in this section lim its the oblig ation of the owner or oper ator of the stationary

source to a tta in and m a intain th e standa rd s for a m bient air quality prom ulgated in NA C

7445B.22097 or the autho r ity of the Director to ins titu te action s under sections 113 and 303 of th e Act or to exercise his authority under NRS 445B.100 to 445B.640 , inclu s ive. [Environm ental Comm ’n, Air Qualit y Reg. §§ 2.5.5-2.5.7, eff. 8- 28-79]—(NAC A 7-2-84; 8-22-86; R 12-13-93, eff. 11-15-94; A 10-30-95)

NAC 445 B. 239 Modification: Rate of emission. ( NRS 445B.210 )

1. The rate of em ission m u st be expre ssed in pounds per hour of a ny regulated air pollutant discharg ed into the atm o sphere for which a standard is ap plicab le. Th e Directo r shall use the following to determ ine the rate of em ission: (a) Factors of em ission as spe c if ied in th e la tes t issu e of Compilation of Air Pollu tant

Emission F a ctors , EPA Publication No. AP-42, or other factors of em ission determ ined by the Director to be superior to thos e in that publicat ion, in cases where the use of factors of e m ission

dem onstrates that the level of e m ission resul ting from the physical or operational change will either clearly increase or clearly not increas e; and (b) Material balances, data from conti nuous monitors, or m a nual tests for e m ission in cases

where the use of factors of e m ission does not dem onstrate to the Directo r’s satisfaction whether

the level of em ission resulting from the physical or operational change will either clearly

increase o r clearly no t increas e, or where an o w ner or operator dem onstr a t es to th e Direc t or ’s

satisfaction that there are reasona ble grounds to dispute the result obtained by the Director using

factors of em ission.

2. When the rate of em ission is based on results from manual test s for em ission or systems for continuous observation, the procedures specif ied in Appendix C of 40 C.F.R. § 60 must be

used to determ ine whether an increase in the rate of em ission has occurred. Tests m u st be

conducted u nder such conditions as the Directo r specifies to the owner or operator based on th e representative perform a n ce of the fa cility. At least three vali d tests m u st be conducted before and

at least three after th e ph ysical or op erational change. All operating para m e ters which m a y affect

em issions must be held constant to th e m a xi m u m feasible deg r ee for each running of a test. [Environm ental Comm ’n, Air Qu ality Reg. §§ 2.14.2-2.14.2.2, eff. 12-4-76]—(NAC A 10-15-85; R 12-13-93, eff. 11-15-94; A 10-30-95)

Refer to Sec. 111 of Petition 95010 (this tab) and Sec. 87 of P 94002 (R138-93) in Nov

. 3, 1993

tab.

NAC 445 B. 247 Reconstruction: Notice of replacement of compo n ents. ( NRS 445B.210

, 445B.300 )

1. As used in NAC 445B.248 and 445B.250 and this section: (a) “Reconstruction” m ean s the replacem ent of com pone nts of an existing facility to such an

extent that: (1) T h e fixed capital cost of the new components exceeds 50 per cent of the fixed capital cost that would be required to construct an entirely ne w comparable facility; and (2) It is technologically and econom i cally feasible to m eet th e applicable standards set

forth in NAC 445B.248 and 445B.250 and this section. (b) “Fixed capital cost” m eans the capital needed to provid e all the depreciable components.

2. An existing facility, upon reconstruction, b ecom e s an affected facil ity, irrespective of any change in em ission rate. If an owner or operator of an existin g facility proposes to replace

com ponents and the fixed capital cost of the ne w com ponents exceeds 50 percent of the fixed capital cost that would be required to construc t an entirely new com p arable facility, he shall notify the Director of the proposed replacem ents. Th e notice m u st be postm a rked 60 days or as

8soon as practicab le b e fore construction of the replacem ents is comm ence d and m u st include th e f

o llowing in f o rm ation: (a) Nam e and address of the owner or operator. (b) The location of the existing facility. (c) A brief descrip tio n of the exis ting f acility and the com ponents which are to be replaced. (d) A description of the existing air pollution control equipm ent and the proposed air pollution control equipm ent. (e) An estim ate of the fixed cap ital cos t of the rep l acem ents and of constructing an en tirely

new com p arable facility. (f) The estim ated life of the ex isting f acility af ter the rep l a cem ents. (g) A discussion of any econom i c or technica l lim itations the facility m a y have in com p lying with the applicable standards of perf orm a nce after the proposed replacem e n ts. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.15.1-2.15.4.7, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10- 30-95)—(Substituted in revision for NAC 445.679)

Refer to Sec. 111 of Petition 95010 (this tab) and Sec. 87 of P 94002 (R138-93) in Nov

. 3, 1993

tab.

NAC 445 B.248 Reconstruction : Determination of w h ether replacemen t constitutes

reconstruction. ( NRS 445B.210

, 445B.300 )

1. The Directo r will determ ine, within 30 days of the receip t of the notice required by

subsection 2 of NAC 445B.247 and any add ition a l inf o r m ation he m a y reasonably require

, whether th e proposed replacem en t constitu tes reconstruction

. 2. The Director’s determ inati on under subsection 1 m u st be based on: (a) The fixed capital cost of th e replacem en ts in com p arison to th e fixed capital cos t th at would be required to co nstruc t an en tir ely new c o m p arable f acility ; (b) The estim ated life of th e facility after the replacem ents co m p ared to the life of an entirely

new com p arable facility; (c) The extent to which the com p onents be ing replaced cause or contribute to the em issions

f r om the f acility; and (d) Any econom ic or technical lim itations on com p liance with applicable standards of perform a nce which are inherent in th e proposed replacem ents. [Environm ental Comm’n, Air Qua lity Reg. §§ 2.15.5-2.15.6.4, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10- 30-95)—(Substituted in revision for NAC 445.680)

NAC 445B.256 Monitoring s y stems : Calibration, operation and maintenance of equipment. ( NRS 445B.210

, 445B.225 ) The owners or operators of all sta tio nary sourc e s identified in Appendix P of 40 C.F.R. § 51(1.1) as am ended from ti m e to tim e, are required to install, calibrate, operate and m a intain all m onitoring equipm ent necessary for continuously monitoring the pollutan t s spe c if ied in Appendi x P for the applicable source category. Those stationary sources m u st m eet the basic requi rem e nts of Appendix P of 40 C.F.R. § 51(2.0 et seq.).

[Environm ental Comm ’n, Air Qual ity Reg. §§ 2.17.10 & 2.17.10.1, e ff. 4-4-77]—(NAC A 10-30-95)

NAC 445 B. 273 Schedules for compliance. ( NRS 445B.210 )

1. All new and existing stat ionary sources m u st com p ly with NAC 445B.001 to 445B.3497

, inclus ive. E x isting sta t ionary sour c e s are in co mp liance with those sections and m a y continue to

9operate under the provisions of their approved com p liance sc hedules, which m a y be am ende d

f r om tim e to tim e. 2. Compliance schedules m u st contain sp ecific p r ogress s t eps th at will b e taken toward

achiev i ng co mpliance.

3. The Comm ission m a y require periodic reports on each phase of progress under approved

com p liance schedules. Failur e at a ny phase to m a ke diligent and r e a s onable p r o g ress towa r d

com p liance with the approved compliance schedule is an u n reasonab l e de lay and subjects the operator of the stationary source to adm i nistrative fines as provided in NAC 445B.281

. 4. In app r oving com p lianc e sched u les, th e Commission will take into consider atio n the soc i a l

and econom ic effect of the schedule, including, but not lim ited to, its effect on the availability of fuels, energy, transportation and em ploym ent. [Environm ental Comm ’n, Air Qualit y Reg. §§ 2.9.1-2.9.4, eff. 11- 7- 75]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95)

NAC 445 B. 277 Stop orders. ( NRS 445B.210

, 445B.300 )

1. The Director sh all issue a s t op order if : (a) The proposed construction

, installatio n, alteration s or estab l ishm ent will not be in

accordan ce with the pro v isions of the plans, spec ifications and other des i gn m a terial required to

be subm itte d as pa rt of the applica t ion f o r an op erating pe rmit and appro v ed by th e Directo r as a condition of the operatin g perm it; or (b) The design m a terial or the construction itself is of such a nature that it patently cannot bring th e sta tiona ry sour ce into complianc e with NAC 445B.001 to 445B.3497 , inclu s ive.

2. A stop order m a y be issued at any tim e by the Director upon his determ ination that there

has been a violation of any of the provisions of NAC 445B.001 to 445B.3497 , inclusiv e, any applicable requirem e nt or any c ondition of the operating perm it. 3. A person served with a stop order: (a) Shall imm e diately stop all ac tivities spec if ied in the sto p order. (b) May apply for its revocation at any tim e , setting forth the facts upon which he believes

that the reasons for the issuance of the stop order no longer exist. If the Director finds that the

reasons for the issu ance of the stop order no longer exist, he sh all withdraw the order prom ptly.

If the Director finds that the reasons for the issu ance of the stop order stil l exis t, or that other reasons exist for continuing a stop order in ef fect, he shall, w ithin 24 hours, serve a written

statem ent of his reasons for so finding. [Environm ental Comm ’n, Air Quality Reg. §§ 3.3.1-3.3.5, eff. 11- 7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; 10-30-95)

NAC 445 B.296 Application: Requests for inclus ion of additional provisions. ( NR S

445B.210

, 445B.300 ) If an applicant for an operating perm it requests the inclusion of: 1. Provisions for alternative op erating scenarios, the app l ication m u st: (a) Defin e each scenario; (b) Demonstra t e th at each scena r io will com p ly with eac h applic able requirem e nt or re levan t requirem e nt of NAC 445B.001 to 445B.3497 , inclusive; (c) Contain proposed condition s of the pe rm it which will ensure com p liance with any applicable requirem e nts

, including a requirem e nt for contemporaneous log entries each tim e the stationary so urce chang e s from one scenario to another; and

10(d) Contain any additional information that th e Directo r d e term ines is necessary to process th e application. 2. A federally enforceable em issions cap, the application must: (a) State each applicable requ irem ent that the applican t seeks to avo i d; (b) Demonstra t e that the app lic a n t will comply with an y applicab le requirem e nts tha t the applicant does not avoid with the fed e rally enforceable em issions cap; (c) Contain proposed conditions of the ope rating perm it which will ensure compliance with any applicable requirem ent; and (d) Contain any additional information that th e Directo r d e term ines is necessary to process th e application.

3. A provision regarding trading increases and decreases of em issions pursuant to a federally

enforceable em issions cap, as set forth in subsection 2, the ap plication m u st contain: (a) Proposed replicable proc edures and conditions of the oper ating pe r m it that ens u re that the

trades of em issions are q u an tifiab l e and enforceable; and (b) Any additiona l inf o rm ation that the Di rector determ ines is ne cessary to process the application. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96)

NAC 445 B. 305 Operating permits : Impositio n of mo re s t ringent sta n dards for emiss i ons. ( NRS 445B.210

, 445B.300 ) The Di rector m a y i m pose standards for em i ssions on a proposed stationary source that are m o re stringent than those found in NAC 445B.001 to 445B.3497

, inclusive, as a condition of approving an opera ting perm it for the proposed stationary source. (Added to NAC by Environm e n tal Co mm ’ n, eff. 9-19-90; A 12-13-93, eff. 11-15-94; 10-30-95)

NAC 445B. 318 Operating permits: Separate permit required for each source; fo rm of application; issuance or denial of p ermit; posting of permit. ( NRS 445B.210

, 445B.300 ) 1. A separate operating perm it is requi red for each new or existing stationary sourc e

. 2. Application for the issuance of an ope rating perm it or a replacem ent for a lost or dam a ged operating pe rm it m u st be subm itted in writing to th e Dire ctor on the exac t f o rm provided by him

. 3. An operating perm it m u st be granted if the Director finds from a stack em ission test or other appropriate test and other relevant inform ation that use of the stationary source will not result in any violation of the air quality regula tions or the provisions of 40 C.F.R. § 52.21 or 40 C.F.R. Parts 60 and 61, Prevention of Signi ficant Deterioration, New Source P e rform a nc e Standards and National Em ission Standards for H azardous Air Pollutan t s adopted b y reference in

NAC 445B.221

. 4. A denial of an app lication for an operating perm it m u st be accom p anied by a s t atem ent of the reasons therefor, and if the Director has re lied in his decision upon inform ation not contained in the application, the statem ent of reasons mu st identif y and state the substance of such

inform ation. 5. Operating perm its must be posted c onspicuously at or near the stationary source. [Environm ental Comm ’n, Air Qual ity Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11-7-75; § 3.4.7, eff. 11-7-75; A 8-28-79]—(NAC A 10-22-87; 12- 15-88; 9-19- 90; R 12-13-93, eff. 11-15-94; A 10-30-95)

11Appears as NAC 445B.333 in the Petition.

NAC 445 B. 3265 Operating permits: Revocation and reiss uance. ( NRS 445B.210

, 445B.300 ) 1. An operating perm it m a y be revoke d if the control equi pm ent is not operating.

2. An operating perm it m a y be revoked by th e Director upon determ ining that there has been

a violation of NAC 445B.001 to 445B.3497 , inclusive, or the provisi ons of 40 C.F.R. § 52.21, or 40 C.F.R Part 60 or 61, Prevention of Signifi cant Deterioration, New Source Perform a nce Standards, and National Em ission Standards for Hazardous Air Pollu tan t s, adop ted by reference

in NAC 445B.221

. 3. The revocation is effec tive 10 days after th e serv ice of a written notice, unless a hearing is requested.

4. To reissue a revoked operating perm it, the holder of the revoked perm it m u s t file a new application with the Director, acco mpanied by the fee for an init ial operating perm it as specified

in NAC 445B.327 . An environm ental review of the st ationary source m u st be conducted as though construction had not yet com m e nced. [Environm ental Comm ’n, Air Qualit y Reg. § 3.4.10, eff. 11-7- 75; A 8-28-79; §§ 3.4.13 & 3.4.14, eff. 11-7-75]—(NAC A 12-15- 88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95)— (Substituted in revision f o r NAC 445B.333)

Appears as NAC 445B.317 in the Petition.

NAC 445 B. 346 Required contents of permit. ( NRS 445B.210

, 445B.300 ) In addition to the

conditions set forth in NAC 445B.315 , Class II operating perm its m u st contain, as applicable:

1. Em ission lim itations and standards, including those operati onal requirem e nts and

lim itations that ensur e c o m p liance with the conditions of the operating perm it. 2. All requirem e nts for m onitoring, testing and reporting that apply to the station a ry source. 3. A requirem e nt that the owner or opera tor of the stationary source prom ptly report any

deviations from any requirem e nts of the operating perm it.

4. The term s and conditions for any reas on ably anticip a ted altern ative operatin g scenario s identified by the owner or operator of the stati onary source in his application and approved by

the Director. Such term s and conditions m u st require the owner or operator to keep a

contem poraneous log of changes from one a lternative operating scenario to another.

5. A sc hedule of com p liance for stationa ry sources that are not in com p liance with any applicable requirem e nt or NAC 445B.001 to 445B.3497 , inclusiv e, at the tim e the operating

perm it is issued, including: (a) Sem i annual progress reports and a schedule of dates for achieving milestones; (b) Prior notice of and e xplanations for m i ssed deadlin es; and (c) Any preventive or correctiv e measures taken.

6. Requirem e nts for com p liance certificatio n which reflect the term s and conditions of the operating perm it. A compliance certification m u st include: (a) An identification of each term or conditio n of the ope rating perm it that is th e basis of the certification; (b) The status of the stationary sour ce’s com p liance with any applicable requirem e nt; (c) A statem ent of whether co m p liance was co ntinuous or interm ittent; (d) The m e thod used for determ ining com p liance; and (e) Any other facts that the Direct or deem s necessary to d e term ine co mpliance. (Added to NAC by Environm ental Comm ’ n, 12-13-93, eff. 1-11- 96; A 10-30-95, eff. 1-11-96)— ( Substitu ted in revis i on for NAC 445B.317)

12