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. (NRS 

445B.210)

 1. No person may cause or permit the emission of PM10 resulting from the combustion of fuel 

in fuel-burning equipment in excess of the quantity set forth in the following formulas: 

 (a) For maximum input of heat equal to or greater than 4 million Btu’s per hour, but less than 

or equal to 10 million Btu’s per hour, the allowable emission is 0.6 of a pound per million Btu’s 

of input of heat. 

 (b) For maximum input of heat greater than 10 million Btu’s per hour, but less than 4,000

million Btu’s per hour, the allowable emissions must be calculated using the following equation:

 

Y = 1.02X-0.231

 

 (c) For maximum input of heat equal to or greater than 4,000 million Btu’s per hour, the

emission must be calculated using the following equation: 

 

Y = 17.0X-0.568

 

 2. For the purposes of paragraphs (b) and (c) of subsection 1: 

 (a) “X” means the maximum operating rate in million Btu’s per hour. 

 (b) “Y” means the allowable rate of emission in pounds per million Btu’s. 

 [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff.

11-7-75; renumbered 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)—(Substituted in revision for NAC 445B.362) 

Appears as NAC 445B.373 in the Petition

NAC 445B.22047 [Article 8.2, 8.2.1, 8.2.1.1, 8.2.1.2] Sulfur emissions: Fuel-burning 

equipment. 

1. No person may cause or permit the emission of compounds of sulfur caused by the 

combustion of fuel in fuel-burning equipment in excess of the quantity calculated by the use of 

the formula in subsection 2 or 3. 

2. Where an emission unit has a maximum input of heat of less than 250 million Btu’s per 

hour, the allowable emission must be calculated by the use of the following equation: 

Y = 0.7X 

For the purposes of this subsection: 

(a) “X” means the maximum operating input of heat in millions of Btu’s per hour. 

(b) “Y” means the allowable rate of emission of sulfur in pounds per hour. 

3. Where an emission unit has a maximum input of heat equal to or greater than 250 million

Btu’s per hour, the allowable emission of sulfur must be calculated by the use of the following 

equations: 

2
Liquid fuel Y = 0.4X 

Solid fuel Y = 0.6X 

 L (0.4X) + S (0.6X)

Combination Fuel Y= 

 L + S

For the purposes of this subsection: 

(a) “X” means the maximum input of the operation in millions of Btu’s per hour. 

(b) “Y” means the allowable rate of emissions of sulfur in pounds per hour. 

(c) “L” means the percentage of total input of heat derived from liquid fuel. 

(d) “S” means the percentage of total input of heat derived from solid fuel. 

[Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and 

renumbered as § 8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A 

and renumbered as § 8.2.3, 12-4-76; renumbered 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)—(Substituted in revision for NAC 445B.373) 

Appears as NAC 445B.383 in the Petition

NAC 445B.22073 Municipal solid waste landfills. (NRS 445B.210)

 1. Except as otherwise provided in subsections 2 and 3, a municipal solid waste landfill must: 

 (a) Install a system designed to collect and control the emission of nonmethane organic 

compounds not later than 30 months after the date on which the rate of emission of nonmethane 

organic compounds by the municipal solid waste landfill is equal to or greater than 55.125 tons

per year. The system designed to collect and control the emission of nonmethane organic 

compounds must meet the requirements set forth in 40 C.F.R. § 60.752(b)(2)(ii) and must have: 

 (1) A flare designed and operated pursuant to 40 C.F.R. § 60.18; 

 (2) An enclosed combustor designed and operated to reduce the concentration of

nonmethane organic compounds at the outlet to no more than 20 parts per million as hexane by

volume, dry basis at 3 percent oxygen; or 

 (3) A system of emission control designed and operated to reduce the emission of 

nonmethane organic compounds by 98 weight percent. 

 (b) Comply with the requirements set 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 submit 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 municipal solid waste landfill is exempt from the provisions of subsection 1 if the 

municipal solid waste landfill is not and was not the site of construction, reconstruction or

modification that commenced before May 30, 1991. 

 3. A municipal solid waste landfill is exempt from the provisions of paragraphs (a) and (b) of

subsection 1 if the municipal solid waste landfill: 

 (a) Did not accept waste on or after November 8, 1987, and has a design capacity that does 

not allow for a deposit of waste in the future; 

 (b) Has a design capacity less than 2.756 million tons if the design capacity is calculated in

tons, less than 3.27 million cubic yards if the design capacity is calculated in cubic yards, or less

than 2.756 million tons and 3.27 million cubic yards if the design capacity is calculated in both 

tons and cubic yards; or 

3
 (c) Has a rate of emission of nonmethane organic compounds that is less than 55.125 tons per 

year. 

 4. For the purposes of this section: 

 (a) The design capacity of a municipal solid waste landfill may be calculated solely in either

tons or cubic yards. A conversion of density, if any, must be documented and included with the 

calculation of design capacity. 

 (b) The rate of emission of nonmethane organic compounds must be calculated pursuant to 40 

C.F.R. § 60.754, as applicable. 

 5. As used in this section: 

 (a) “Design capacity” has the meaning ascribed to it in 40 C.F.R. § 60.751. 

 (b) “Enclosed combuster” has the meaning ascribed to it in 40 C.F.R. § 60.751. 

 (c) “Flare” has the meaning ascribed to it in 40 C.F.R. § 60.751. 

 (d) “Municipal solid waste landfill” has the meaning ascribed to it in 40 C.F.R. § 60.31c. 

 (Added to NAC by Environmental Comm’n by R204-97, eff. 3-5-98; A by R022-99, 

9-27-99)—(Substituted in revision 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 Division may 

establish guidelines for monitoring a stationary source. 

 (Added to NAC by Environmental Comm’n by R019-99, eff. 9-27-99) 

6



















































JANUARY 22, 1998

1
NEVADA ADMINISTRATIVE CODE SECTIONS 

Adopted January 22, 1998, Effective March 5, 1998

LCB File No. R105-97; Petition 97004 

NAC 445B.011 “Air pollution” defined. (NRS 445B.210) “Air pollution” has the meaning 

ascribed to it in NRS 445B.115. 

 [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 

12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98) 

NAC 445B.019 “Applicable requirement” defined. (NRS 445B.210) “Applicable 

requirement” means, as applied to a stationary source: 

 1. Any standard or other relevant requirement: 

 (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.3497, 

inclusive, except for the standards for ambient air established in NAC 445B.22097; 

 (b) Provided in the applicable implementation plan approved or adopted by the EPA pursuant 

to 42 U.S.C. §§ 7401 to 7515, inclusive; 

 (c) For a hazardous air pollutant adopted pursuant to 42 U.S.C. § 7412, including any 

requirement regarding the prevention of accidental releases; 

 (d) For a program to control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o, 

inclusive; 

 (e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. § 

7413(a)(3) or 7661c(b); 

 (f) For solid waste incineration units adopted pursuant to 42 U.S.C. § 7429; 

 (g) For consumer and commercial 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, 

inclusive, unless the Administrator determines that such provisions are not required in an 

operating permit; 

 2. A new source performance standard adopted pursuant to 42 U.S.C. § 7411; 

 3. Any term or condition of any permit issued pursuant to the requirements of 42 U.S.C. §§ 

7401 to 7515, inclusive, including provisions regarding the prevention of significant 

deterioration of air quality and new source review; and 

 4. Any national ambient air quality standard or requirement regarding increments or visibility

adopted pursuant to 42 U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a temporary 

source for which the owner or operator has applied for and obtained an operating permit pursuant 

to NAC 445B.287 to 445B.3497, inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96; R105-97, 3-5-98) 

NAC 445B.0425 “Commission” defined. (NRS 445B.210) “Commission” has the meaning 

ascribed to it in NRS 445B.120. 

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

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

installation of an emission unit. 

2
 [Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 

3-5-98) 

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

 1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas 

stream which contains, or may contain, a regulated air pollutant. 

 2. The term includes the material passed to the atmosphere. 

 [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered 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 application thereof to any person, thing or circumstance is held 

invalid, it is intended that such invalidity not affect the remaining provisions, or their application, 

that can be given effect without the invalid provision or application. 

 [Environmental Comm’n, Air Quality 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 particulate matter: Maximum allowable throughput for 

calculating emissions rates. (NRS 445B.210) For purposes of NAC 445B.22027 to 

445B.22037, inclusive, the maximum allowable throughput to be used to calculate allowable

emission rates must be the maximum process weight for an emission unit. 

 [Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A

10-22-87; 12-26-91; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.360) 

Appears as NAC 445B.363 in the Petition.

NAC 445B.22033 Emissions of particulate matter: Sources not otherwise limited. (NRS 

445B.210)

 1. Owners or operators of stationary sources not otherwise included in NAC 445B.22027 to 

445B.22037, inclusive, shall not cause or permit PM10 to be discharged from any emission unit 

into the atmosphere in excess of the allowable emission determined by the use of the formula 

contained in subsection 2 or 3. 

 2. When the maximum allowable throughput is less than 30 tons per hour, the maximum 

allowable weight discharged per hour must be determined by using the following equation: 

 

E = 4.10P0.67

 

 3. When the maximum allowable throughput equals or exceeds 30 tons per hour, the 

maximum allowable weight discharged per hour must be determined by using the following 

equation: 

 

E = 55P0.11 - 40 

 

 4. For the purposes of subsections 2 and 3: 

 (a) “E” means the maximum rate of emission in pounds per hour. 

 (b) “P” means the maximum allowable throughput in tons per hour. 

3
 [Environmental 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 445B.224 Public and confidential information. (NRS 445B.210, 445B.570)

 1. The Director shall maintain all public information obtained in the course of the

performance of the duties set forth in NRS 445B.100 to 445B.845, inclusive, at 333 West Nye

Lane, Carson City, Nevada 89706-0851. 

 2. The content of an operating permit is public information and cannot be certified as

confidential information. 

 3. Information concerning the emission of a regulated air pollutant which has an ambient air 

quality standard or emission standard or has been designated as a hazardous air pollutant by the 

EPA cannot be certified as being confidential. 

 4. An owner or operator who submits information under a claim of confidentiality shall 

submit: 

 (a) One copy of the information to the Director; and 

 (b) One copy of the information to the Administrator. 

 [Environmental Comm’n, Air Quality 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 are not considered modifications. (NRS

445B.210) The following are not by themselves considered modifications under NAC 445B.235

to 445B.250, inclusive: 

 1. Maintenance, repair and replacement which the Director determines to be routine 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 

accomplished without a capital expenditure on the stationary source containing that facility,

unless the change would be prohibited by an enforceable restriction on the permit. 

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

enforceable restriction on the permit.

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

445B.235 to 445B.250, inclusive, becomes applicable to that source type, the existing facility

was designed to accommodate that alternative use. A facility is considered to be designed to 

accommodate an alternative fuel or raw material if that use could be accomplished under the 

facility’s construction specifications, as amended, before the change. Conversion to coal required 

for energy considerations, as specified in section 119(d)(5) of the Act, is not considered a 

modification. 

 5. The addition or use of any system or device whose primary function is the reduction of 

regulated air pollutants, except when an emission control system is removed or is replaced by a 

system which the Director determines to be less environmentally beneficial. 

 6. The relocation or change in ownership of an existing facility. 

 [Environmental Comm’n, Air Quality 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 445B.250 Notification of planned construction or reconstruction. (NRS 445B.210, 

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

inclusive, shall furnish the Director written notification of: 

4
 1. The date that construction, or reconstruction as defined under NAC 445B.247, of an 

affected facility is commenced, postmarked no later than 30 days after such date. This 

requirement does not apply in the case of mass-produced facilities which are purchased in 

completed form. 

 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60

days nor less than 30 days before such date. 

 3. The actual date of initial start-up of an affected facility, postmarked within 15 days after 

such date. 

 4. Any physical or operational change to an existing facility which may increase the emission

rate of any regulated air pollutant to which a standard applies, unless that change is specifically

exempted under an applicable section or in NAC 445B.239 or 445B.242 and the exemption is 

not denied under those sections. The notice must be postmarked 60 days or as soon as practicable 

before the change is commenced and must include information describing the precise nature of 

the change, present and proposed emission control systems, productive capacity of the facility 

before and after the change, and the expected completion date of the change. The Director may 

request additional relevant information subsequent to this notice. 

 5. The date upon which demonstration of the continuous monitoring system performance

commences in accordance with NAC 445B.256 to 445B.267, inclusive. Notification must be

postmarked not less than 30 days before such date. 

 [Environmental Comm’n, Air Quality 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 445B.325 Operating permits: Termination, reopening and revision, revision, or 

revocation and reissuance. (NRS 445B.210, 445B.300)

 1. A Class I operating permit must be reopened and revised to incorporate any additional 

applicable requirement adopted pursuant to the Act if, on the effective date of the applicable 

requirement, the operating permit has a remaining term of 3 or more years. The reopening must

be completed no later than 18 months after the effective date of the applicable requirement. 

 2. An operating permit may be terminated, reopened and revised, revised, or revoked and 

reissued if: 

 (a) The Director or the Administrator determines that the operating permit contains a material 

mistake or is based on inaccurate statements; 

 (b) The Director or the Administrator determines that the operating permit, as written, does 

not ensure compliance with all applicable requirements; or 

 (c) The Director determines that there has been a violation of any of the provisions of NAC

445B.001 to 445B.3497, inclusive, any applicable requirement, or any condition contained in the 

operating permit. 

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

terminates, reopens and revises, revises, or revokes and reissues the operating permit. The notice 

must be made by certified mail and must contain the legal authority, the jurisdiction and the 

reasons for the action taken. 

 4. If the Administrator notifies the Director and the holder of the operating permit that cause 

exists to reopen the operating permit, the Director shall forward to the Administrator a proposed 

determination of the reopening and revision, the revision of, or the revocation and reissuance of

the operating permit within 90 days after receipt of the notice from the Administrator.

 5. If the Director reopens an operating permit, he shall revise only those portions of the 

operating permit for which cause exists. 

5
 6. The reopening of an operating permit pursuant to this section must comply with all of the 

relevant requirements for the issuance or revision of a permit, including the requirements related

to the content of the permit and the requirements for notice, public participation and comment,

and a review by any affected states. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 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 Prerequisites to issuance, revision or renewal of permit. (NRS 445B.210, 

445B.300) The Director may issue a Class I operating permit, or a revision of or a renewal of a 

Class I operating permit, if: 

 1. The Director has: 

 (a) Received a complete application for a Class I operating permit or for a revision of or a 

renewal of a Class I operating permit; 

 (b) Completed all requirements regarding public participation and comment pursuant to NAC

445B.3395; and 

 (c) Notified and responded to all comments from affected states; 

 2. The conditions of the operating permit provide for compliance with the requirements of

NAC 445B.001 to 445B.3497, inclusive, and any other applicable requirements; and 

 3. The Administrator has received a copy of the proposed operating permit, any necessary

supporting information, and any notices to the public and affected states required pursuant to 

NAC 445B.3395, and has not objected to the issuance of the operating permit within 45 days 

after receipt of the proposed operating permit. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.306) 

6









































































MARCH 26, 1996

1
NEVADA ADMINISTRATIVE CODE SECTIONS 

Adopted March 26, 1996, Effective May 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 provisions of 40 C.F.R. § 52.21, “best available control 

technology” has the meaning ascribed to it in 40 C.F.R. § 52.21, as incorporated by reference in 

NAC 445B.221. 

 [Environmental Comm’n, Air 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 445B.138 “Potential to emit” defined. (NRS 445B.210) “Potential to emit” means the 

maximum capacity of a stationary source to emit a regulated air pollutant under its physical and 

operational design. Any physical or operational limitation on the capacity of a stationary source 

to emit a regulated air pollutant, including equipment for the control of air pollution and any 

restrictions on the hours of operation of the stationary source or on the type or amount of 

material combusted, stored or processed, may be treated as part of its design for the purposes of 

determining its potential to emit if the limitation is enforceable by the Director. 

 [Environmental Comm’n, Air Quality Reg. part § 1.115.5, eff. 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 Hazardous air pollutants and toxic regulated air pollutants: 

Determination of substances. (NRS 445B.210)

 1. A substance is a hazardous air pollutant if it is on the federal list of hazardous air 

pollutants set forth in 42 U.S.C. § 7412(b), which is adopted pursuant to NAC 445B.221. 

 2. A substance is a toxic regulated air pollutant if the Commission determines that it causes

or contributes to air pollution which may reasonably be anticipated to result in an increase in

mortality or an increase in serious irreversible or incapacitating reversible illness, unless a

federal standard for the quality of ambient air, standard for the quality of ambient air adopted by 

the Commission, new source performance standard or national emission standard for hazardous 

air pollutants applies. 

 (Added to NAC by Environmental Comm’n, eff. 12-5-84; A 10-18-88; 10-29-93; 12-13-93;

10-30-95; 5-3-96)—(Substituted in revision for NAC 445B.339) 

Appears as NAC 445B.349 in the Petition.

NAC 445B.22013 Hazardous air pollutants and toxic regulated air pollutants: Prohibited

discharge. (NRS 445B.210) An owner or operator shall not cause or permit the discharge into 

the atmosphere from any stationary source of any hazardous air pollutant or toxic regulated air 

pollutant that threatens the health and safety of the general public, as determined by the Director. 

 (Added to NAC by Environmental Comm’n, eff. 12-5-84; A 10-22-87; 12-8-89; 12-13-93; 

10-30-95; 5-3-96)—(Substituted 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” means, with 

reference to a stationary or temporary source, any apparatus to which a standard is applicable. 

 [Environmental 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 contaminant” has the

meaning ascribed to it in NRS 445B.110. 

 [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 11-7-75; renumbered as § 1.5, 12-4-76; 

A 8-28-79]—(NAC A 10-30-95) 

NAC 445B.013 “Allowable emissions” defined. (NRS 445B.210) “Allowable emissions” 

means the emissions from a stationary source at its designed maximum capacity or at its actual

maximum capacity, whichever is greater, except as reduced by any federally enforceable 

limitations on its emissions which are established:

 1. By Nevada laws or regulations; 

 2. By any applicable requirement; or 

 3. By conditions of the stationary source’s operating permit, imposed on the emission rate, 

the type or amount of materials combusted or processed, the operating rates, the hours of 

operation, or any other factor limiting production or emission, whichever is most stringent. 

¬ For Class II sources that are not subject to federal requirements, emission limitations need not 

be federally enforceable.

 [Environmental 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” means any addition to, or

enlargement, replacement, modification or change of the design, capacity, process, arrangement, 

operating hours or control apparatus that will affect the kind or amount of regulated air pollutants 

emitted. 

 (Added to NAC by Environmental Comm’n, eff. 12-8-89; A 10-30-95) 

NAC 445B.015 “Alternative method” defined. (NRS 445B.210) “Alternative method” means

any method of sampling and analyzing for a regulated air pollutant which is not a reference or 

equivalent method, but which has been demonstrated to the satisfaction of the Director that, in 

specific cases, it produces results adequate to determine compliance. 

 [Environmental 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” defined. (NRS 445B.210) “Alternative

operating scenarios” means two or more modes or types of operation specifically identified by a

stationary source in its application and approved by the Director as a condition or as conditions 

of the source’s operating permit. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

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

means an application for a Class I operating permit that is required for any new stationary source 

or significant modification to an existing stationary source which is subject to the requirements 

of 42 U.S.C. §§ 7661 to 7661f, inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96) 

NAC 445B.049 “Criteria pollutant” defined. (NRS 445B.210) “Criteria pollutant” means a 

regulated air pollutant for which the Administrator has established a national ambient air quality 

standard. 

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

NAC 445B.059 “Emission unit” defined. (NRS 445B.210) “Emission unit” means a part of a 

stationary source which emits or has the potential to emit any regulated air pollutant. 

 [Environmental 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 445B.062 “Equivalent method” defined. (NRS 445B.210) “Equivalent method” means

any method of sampling and analyzing for a regulated air pollutant which has been demonstrated 

to the Director’s satisfaction to have a consistent and quantitatively known relationship to the

reference method under specified conditions.

 [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 12-4-76]—(NAC A 10-30-95) 

NAC 445B.065 “Existing facility” defined. (NRS 445B.210) “Existing facility” with reference 

to a stationary source means any apparatus of the type for which a standard is adopted in NAC

445B.001 to 445B.601, inclusive, the construction or modification 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. 

 [Environmental Comm’n, Air Quality Reg. § 1.72, eff. 12-4-76]—(NAC A 10-22-87; 

10-30-95) 

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

source” means: 

 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 stationary source which was constructed, or for which 

the owner or operator submitted a complete application for an operating permit, before the 

effective date of the program.

 [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73,

12-4-76]—(NAC A 12-13-93; 10-30-95) 

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

activities which emit regulated air pollutants, are located on one or more contiguous properties, 

and are owned, operated or controlled by the same person. 

 [Environmental Comm’n, Air Quality Reg. § 1.64, eff. 5-7-80]—(NAC A 10-30-95) 

3
NAC 445B.077 “Fugitive emissions” defined. (NRS 445B.210) “Fugitive emissions” means 

emissions of any regulated air pollutants, including fugitive dust, which could not reasonably

pass through a stack, chimney, vent or a functionally equivalent opening. 

 [Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 

11-15-94; 10-30-95) 

NAC 445B.082 “General permit” defined. (NRS 445B.210) “General permit” means an 

operating permit issued by the Director to cover numerous similar stationary sources. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

NAC 445B.096 “Maximum achievable control technology” defined. (NRS 445B.210)

“Maximum achievable control technology” means any measure, process, method, system or 

technique applied to a stationary source which provides the maximum degree of reduction in the

emission of hazardous air pollutants as follows: 

 1. For new stationary sources, the maximum degree of reduction in emissions must be no less 

stringent than the control of emissions that is achieved in practice by the best controlled similar 

stationary source, as determined by the Administrator. 

 2. For existing stationary sources, the maximum degree of reduction in emissions must be no 

less stringent than the requirements set forth in 42 U.S.C. § 7412(d)(3). 

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

NAC 445B.099 “Modification” defined. (NRS 445B.210) “Modification” means any physical

change in, or change in the method of operation of a stationary source which: 

 1. Increases the amount of any regulated air pollutant, to which a standard applies, emitted 

into the atmosphere by that stationary source; or 

 2. Results in the emission of any regulated air pollutants, to which a standard applies, into the 

atmosphere if the regulated air pollutants were not previously emitted. 

 [Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as § 

1.95, 5-7-80]—(NAC A 10-30-95) 

NAC 445B.108 “New stationary source” defined. (NRS 445B.210) “New stationary source” 

means: 

 1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary source 

for which the owner or operator commenced construction or reconstruction after the

Administrator proposed regulations pursuant to 42 U.S.C. § 7412 which established an emission 

standard applicable to the stationary source. 

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

operator has not submitted a complete application for an operating permit before the effective 

date of the program. 

 [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 

12-4-76; A and renumbered as § 1.100, 5-7-80]—(NAC A 12-13-93; 10-30-95) 

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

means, for any regulated air pollutant, an area: 

 1. Which is shown by monitored data or is calculated by air quality modeling or any other

method determined by the Administrator to be reliable, to exceed any national standard of

ambient air quality for the regulated air pollutant; 

 2. Which is designated as a nonattainment area by the Governor; and 

4
 3. Which is promulgated as a nonattainment area by the Administrator. 

 [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 

11-15-94; 10-30-95) 

NAC 445B.116 “Odor” defined. (NRS 445B.210) “Odor” means a characteristic of a regulated 

air pollutant which makes it perceptible to the sense of smell.

 [Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 

12-4-76]—(NAC A 10-30-95) 

NAC 445B.117 “Offset” defined. (NRS 445B.210) “Offset” means a reduction in emissions at 

an existing stationary source which is greater than a corresponding increase in emissions of the

same regulated air pollutant at a new stationary source or a modification of a stationary source in 

the same nonattainment area. 

 (Added to NAC by Environmental Comm’n, eff. 3-29-94; A 10-30-95) 

NAC 445B.130 “Pathological wastes” defined. (NRS 445B.210) “Pathological wastes” means 

human and animal remains consisting of carcasses, organs and solid organic wastes from 

hospitals, laboratories, abattoirs, animal pounds and similar stationary sources. 

 [Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 

12-4-76]—(NAC A 10-30-95) 

NAC 445B.145 “Process weight” defined. (NRS 445B.210) “Process weight” means the total

weight of all materials introduced into an emission unit including solid fuels, but excluding 

liquids and gases used solely as fuels and air introduced for purposes of combustion of the fuel. 

 [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 

12-4-76; A and renumbered as § 1.140, 8-28-79]—(NAC A 10-30-95) 

NAC 445B.152 “Reference method” defined. (NRS 445B.210) “Reference method” means 

any method of sampling and analyzing for a regulated air pollutant as described in Appendix A

of 40 C.F.R. § 60. 

 [Environmental Comm’n, Air Quality Reg. § 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 pollutant” 

means: 

 1. Nitrogen oxides or any volatile organic compounds; 

 2. Any pollutant subject to: 

 (a) A national ambient air quality standard; 

 (b) A standard or requirement adopted 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 subject to a standard adopted pursuant to 42 U.S.C. §§ 

7671 to 7671q, inclusive. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95) 

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

NRS 445B.155. 

 [Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 

12-4-76]—(NAC A 10-30-95) 

5
NAC 445B.180 “Stack” and “chimney” defined. (NRS 445B.210) “Stack” or “chimney” 

means any flue, conduit or duct which conducts a regulated air pollutant to the atmosphere. 

 [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered 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” means a substance designated as such by the Commission based upon the 

Commission’s determination of the extent to which the substance presents a risk to the public 

health. 

 (Added to NAC by Environmental 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 445B.22037 Emissions of particulate matter: Fugitive dust. (NRS 445B.210)

 1. No person may cause or permit the handling, transporting or storing of any material in a 

manner which allows or may allow controllable particulate matter to become airborne. 

 2. Except as otherwise provided in subsection 4, no person may cause or permit the 

construction, repair, demolition, or use of unpaved or untreated areas without first putting into

effect an ongoing program using the best practical methods to prevent particulate matter from 

becoming airborne. As used in this subsection, “best practical methods” includes, but is not 

limited to, paving, chemical stabilization, watering, phased construction and revegetation. 

 3. Except as otherwise provided in subsection 4, no person may disturb or cover 5 acres or 

more of land or its topsoil until he has obtained an operating permit for surface area disturbance

to clear, excavate, or level the land or to deposit any foreign material to fill or cover the land. 

 4. The provisions of subsections 2 and 3 do not apply to: 

 (a) Agricultural activities occurring on agricultural land; or

 (b) Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which

occur on land which is not less than 5 acres or more than 20 acres. 

 [Environmental 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; 12-13-93; 10-30-95)—(Substituted in 

revision for NAC 445B.365) 

Appears as NAC 445B.393 in the Petition.

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

 1. No person may discharge or cause to be discharged, from any stationary source, any 

material or regulated air pollutant which is or tends to be offensive to the senses, injurious or 

detrimental to health and safety, or which in any way interferes with or prevents the comfortable

enjoyment of life or property. 

 2. The Director shall investigate an odor when 30 percent or more of a sample of the people 

exposed to it believe it to be objectionable in usual places of occupancy. The sample must be at 

least 20 people or 75 percent of those exposed if fewer than 20 people are exposed. 

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

measurements within a period of 1 hour. These measurements must be separated by at least 15 

minutes. An odor measurement consists of a detectable odor after the odorous air has been 

diluted with eight or more volumes of odor-free air. 

 [Environmental Comm’n, Air Quality Reg. §§ 10.1.1-10.1.3, eff. 11-7-75]—(NAC A 

10-30-95)—(Substituted in revision for NAC 445B.393) 

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

may install, construct or use any device which conceals any emission without reducing the total 

release of regulated air pollutants to the atmosphere. 

 [Environmental Comm’n, Air Quality Reg. § 2.2.1, eff. 11-7-75]—(NAC A 10-22-87; 

10-30-95) 

NAC 445B.227 Prohibited conduct: Operation of source without required equipment; 

removal or modification of required equipment; modification of required procedure. (NRS

445B.210, 445B.300) Except as otherwise provided in NAC 445B.001 to 445B.3497, inclusive,

no person may: 

 1. Operate a stationary source of air pollution unless the control equipment for air pollution 

which is required by applicable requirements or conditions of the permit is installed and 

operating. 

 2. Disconnect, alter, modify or remove any of the control equipment for air pollution or 

modify any procedure required by an applicable requirement or condition of the permit. 

 [Environmental 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 Hazardous emissions: Order for reduction or discontinuance. (NRS

445B.210, 445B.450) Without limiting the authority of any state officer to declare or to act on 

an emergency, the Director or local air pollution control agency, upon determining that a 

generalized condition of air pollution exists or that the emission from one or more stationary 

sources of regulated air pollutants is causing a danger to human health or safety, may order 

persons causing or contributing to the air pollution to immediately reduce or discontinue all 

emission of contaminants. 

 [Environmental Comm’n, Air Quality Reg. § 2.4.1, eff. 11-7-75]—(NAC A 10-30-95) 

NAC 445B.233 Excess emissions: Determination of violation. (NRS 445B.210)

 1. The Director shall determine from the submission of data and information required in 

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

if: 

 (a) The excess emission was the result of a routine start-up or shutdown for purposes of 

controlling production; 

 (b) The amount and duration of the excess emissions were minimized to the extent practicable 

during the period of start-up or shutdown; and 

 (c) Any one of the following conditions existed: 

 (1) The effluent gas could not be passed through the equipment for controlling pollution 

without causing severe property damage. 

 (2) The effluent gas could not be passed through the equipment for controlling pollution 

without causing severe upset of the process. 

 (3) The excess emission was the result of igniter smoke which could not be controlled by 

the equipment for control used for normal operation. 

 2. If the owner or operator misrepresents facts or fails to disclose facts of which he had prior 

knowledge, the Director shall deem that the period of excess emissions violates NAC 445B.001

to 445B.3497, inclusive. 

 3. Nothing in this section limits the obligation of the owner or operator of the stationary 

source to attain and maintain the standards for ambient air quality promulgated in NAC

7
445B.22097 or the authority of the Director to institute actions under sections 113 and 303 of the 

Act or to exercise his authority under NRS 445B.100 to 445B.640, inclusive. 

 [Environmental Comm’n, Air Quality 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 445B.239 Modification: Rate of emission. (NRS 445B.210)

 1. The rate of emission must be expressed in pounds per hour of any regulated air pollutant 

discharged into the atmosphere for which a standard is applicable. The Director shall use the 

following to determine the rate of emission: 

 (a) Factors of emission as specified in the latest issue of Compilation of Air Pollutant 

Emission Factors, EPA Publication No. AP-42, or other factors of emission determined by the 

Director to be superior to those in that publication, in cases where the use of factors of emission 

demonstrates that the level of emission resulting from the physical or operational change will 

either clearly increase or clearly not increase; and

 (b) Material balances, data from continuous monitors, or manual tests for emission in cases 

where the use of factors of emission does not demonstrate to the Director’s satisfaction whether 

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

increase or clearly not increase, or where an owner or operator demonstrates to the Director’s 

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

factors of emission. 

 2. When the rate of emission is based on results from manual tests for emission or systems 

for continuous observation, the procedures specified in Appendix C of 40 C.F.R. § 60 must be 

used to determine whether an increase in the rate of emission has occurred. Tests must be 

conducted under such conditions as the Director specifies to the owner or operator based on the

representative performance of the facility. At least three valid tests must be conducted before and 

at least three after the physical or operational change. All operating parameters which may affect 

emissions must be held constant to the maximum feasible degree for each running of a test. 

 [Environmental Comm’n, Air Quality 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 P94002 (R138-93) in Nov. 3, 1993 

tab.

NAC 445B.247 Reconstruction: Notice of replacement of components. (NRS 445B.210, 

445B.300)

 1. As used in NAC 445B.248 and 445B.250 and this section: 

 (a) “Reconstruction” means the replacement of components of an existing facility to such an

extent that: 

 (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital 

cost that would be required to construct an entirely new comparable facility; and 

 (2) It is technologically and economically feasible to meet the applicable standards set 

forth in NAC 445B.248 and 445B.250 and this section. 

 (b) “Fixed capital cost” means the capital needed to provide all the depreciable components. 

 2. An existing facility, upon reconstruction, becomes an affected facility, irrespective of any 

change in emission rate. If an owner or operator of an existing facility proposes to replace 

components and the fixed capital cost of the new components exceeds 50 percent of the fixed 

capital cost that would be required to construct an entirely new comparable facility, he shall 

notify the Director of the proposed replacements. The notice must be postmarked 60 days or as 

8
soon as practicable before construction of the replacements is commenced and must include the 

following information: 

 (a) Name and address of the owner or operator. 

 (b) The location of the existing facility. 

 (c) A brief description of the existing facility and the components which are to be replaced. 

 (d) A description of the existing air pollution control equipment and the proposed air 

pollution control equipment. 

 (e) An estimate of the fixed capital cost of the replacements and of constructing an entirely

new comparable facility.

 (f) The estimated life of the existing facility after the replacements. 

 (g) A discussion of any economic or technical limitations the facility may have in complying 

with the applicable standards of performance after the proposed replacements. 

 [Environmental Comm’n, Air Quality 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 P94002 (R138-93) in Nov. 3, 1993 

tab.

NAC 445B.248 Reconstruction: Determination of whether replacement constitutes 

reconstruction. (NRS 445B.210, 445B.300)

 1. The Director will determine, within 30 days of the receipt of the notice required by 

subsection 2 of NAC 445B.247 and any additional information he may reasonably require, 

whether the proposed replacement constitutes reconstruction.

 2. The Director’s determination under subsection 1 must be based on: 

 (a) The fixed capital cost of the replacements in comparison to the fixed capital cost that 

would be required to construct an entirely new comparable facility; 

 (b) The estimated life of the facility after the replacements compared to the life of an entirely

new comparable facility; 

 (c) The extent to which the components being replaced cause or contribute to the emissions 

from the facility; and 

 (d) Any economic or technical limitations on compliance with applicable standards of 

performance which are inherent in the proposed replacements. 

 [Environmental Comm’n, Air Quality 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 systems: Calibration, operation and maintenance of 

equipment. (NRS 445B.210, 445B.225) The owners or operators of all stationary sources 

identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to 

install, calibrate, operate and maintain all monitoring equipment necessary for continuously 

monitoring the pollutants specified in Appendix P for the applicable source category. Those 

stationary sources must meet the basic requirements of Appendix P of 40 C.F.R. § 51(2.0 et 

seq.). 

 [Environmental Comm’n, Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77]—(NAC A 

10-30-95) 

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

 1. All new and existing stationary sources must comply with NAC 445B.001 to 445B.3497, 

inclusive. Existing stationary sources are in compliance with those sections and may continue to 

9
operate under the provisions of their approved compliance schedules, which may be amended 

from time to time. 

 2. Compliance schedules must contain specific progress steps that will be taken toward 

achieving compliance. 

 3. The Commission may require periodic reports on each phase of progress under approved 

compliance schedules. Failure at any phase to make diligent and reasonable progress toward

compliance with the approved compliance schedule is an unreasonable delay and subjects the 

operator of the stationary source to administrative fines as provided in NAC 445B.281. 

 4. In approving compliance schedules, the Commission will take into consideration the social

and economic effect of the schedule, including, but not limited to, its effect on the availability of 

fuels, energy, transportation and employment. 

 [Environmental Comm’n, Air Quality 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 445B.277 Stop orders. (NRS 445B.210, 445B.300)

 1. The Director shall issue a stop order if: 

 (a) The proposed construction, installation, alterations or establishment will not be in 

accordance with the provisions of the plans, specifications and other design material required to 

be submitted as part of the application for an operating permit and approved by the Director as a 

condition of the operating permit; or 

 (b) The design material or the construction itself is of such a nature that it patently cannot 

bring the stationary source into compliance with NAC 445B.001 to 445B.3497, inclusive. 

 2. A stop order may be issued at any time by the Director upon his determination that there 

has been a violation of any of the provisions of NAC 445B.001 to 445B.3497, inclusive, any

applicable requirement or any condition of the operating permit. 

 3. A person served with a stop order: 

 (a) Shall immediately stop all activities specified in the stop order. 

 (b) May apply for its revocation at any time, 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 issuance of the stop order no longer exist, he shall withdraw the order promptly. 

If the Director finds that the reasons for the issuance of the stop order still exist, or that other 

reasons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written 

statement of his reasons for so finding. 

 [Environmental 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 445B.296 Application: Requests for inclusion of additional provisions. (NRS 

445B.210, 445B.300) If an applicant for an operating permit requests the inclusion of: 

 1. Provisions for alternative operating scenarios, the application must: 

 (a) Define each scenario; 

 (b) Demonstrate that each scenario will comply with each applicable requirement or relevant

requirement of NAC 445B.001 to 445B.3497, inclusive; 

 (c) Contain proposed conditions of the permit which will ensure compliance with any 

applicable requirements, including a requirement for contemporaneous log entries each time the 

stationary source changes from one scenario to another; and 

10
 (d) Contain any additional information that the Director determines is necessary to process the 

application. 

 2. A federally enforceable emissions cap, the application must: 

 (a) State each applicable requirement that the applicant seeks to avoid; 

 (b) Demonstrate that the applicant will comply with any applicable requirements that the

applicant does not avoid with the federally enforceable emissions cap; 

 (c) Contain proposed conditions of the operating permit which will ensure compliance with 

any applicable requirement; and 

 (d) Contain any additional information that the Director determines is necessary to process the 

application. 

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

enforceable emissions cap, as set forth in subsection 2, the application must contain: 

 (a) Proposed replicable procedures and conditions of the operating permit that ensure that the

trades of emissions are quantifiable and enforceable; and 

 (b) Any additional information that the Director determines is necessary to process the 

application. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96) 

NAC 445B.305 Operating permits: Imposition of more stringent standards for emissions.

(NRS 445B.210, 445B.300) The Director may impose standards for emissions on a proposed 

stationary source that are more stringent than those found in NAC 445B.001 to 445B.3497, 

inclusive, as a condition of approving an operating permit for the proposed stationary source. 

 (Added to NAC by Environmental Comm’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; form of

application; issuance or denial of permit; posting of permit. (NRS 445B.210, 445B.300)

 1. A separate operating permit is required for each new or existing stationary source. 

 2. Application for the issuance of an operating permit or a replacement for a lost or damaged 

operating permit must be submitted in writing to the Director on the exact form provided by him.

 3. An operating permit must be granted if the Director finds from a stack emission test or 

other appropriate test and other relevant information that use of the stationary source will not

result in any violation of the air quality regulations or the provisions of 40 C.F.R. § 52.21 or 40 

C.F.R. Parts 60 and 61, Prevention of Significant Deterioration, New Source Performance

Standards and National Emission Standards for Hazardous Air Pollutants adopted by reference in 

NAC 445B.221. 

 4. A denial of an application for an operating permit must be accompanied by a statement of 

the reasons therefor, and if the Director has relied in his decision upon information not contained 

in the application, the statement of reasons must identify and state the substance of such

information. 

 5. Operating permits must be posted conspicuously at or near the stationary source. 

 [Environmental Comm’n, Air Quality 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) 

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

NAC 445B.3265 Operating permits: Revocation and reissuance. (NRS 445B.210, 445B.300)

 1. An operating permit may be revoked if the control equipment is not operating. 

 2. An operating permit may be revoked by the Director upon determining that there has been 

a violation of NAC 445B.001 to 445B.3497, inclusive, or the provisions of 40 C.F.R. § 52.21, or 

40 C.F.R Part 60 or 61, Prevention of Significant Deterioration, New Source Performance

Standards, and National Emission Standards for Hazardous Air Pollutants, adopted by reference 

in NAC 445B.221. 

 3. The revocation is effective 10 days after the service of a written notice, unless a hearing is 

requested. 

 4. To reissue a revoked operating permit, the holder of the revoked permit must file a new

application with the Director, accompanied by the fee for an initial operating permit as specified 

in NAC 445B.327. An environmental review of the stationary source must be conducted as 

though construction had not yet commenced. 

 [Environmental Comm’n, Air Quality 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 for NAC 445B.333) 

Appears as NAC 445B.317 in the Petition. 

NAC 445B.346 Required contents of permit. (NRS 445B.210, 445B.300) In addition to the 

conditions set forth in NAC 445B.315, Class II operating permits must contain, as applicable: 

 1. Emission limitations and standards, including those operational requirements and 

limitations that ensure compliance with the conditions of the operating permit. 

 2. All requirements for monitoring, testing and reporting that apply to the stationary source. 

 3. A requirement that the owner or operator of the stationary source promptly report any 

deviations from any requirements of the operating permit. 

 4. The terms and conditions for any reasonably anticipated alternative operating scenarios

identified by the owner or operator of the stationary source in his application and approved by 

the Director. Such terms and conditions must require the owner or operator to keep a 

contemporaneous log of changes from one alternative operating scenario to another. 

 5. A schedule of compliance for stationary sources that are not in compliance with any

applicable requirement or NAC 445B.001 to 445B.3497, inclusive, at the time the operating 

permit is issued, including: 

 (a) Semiannual progress reports and a schedule of dates for achieving milestones; 

 (b) Prior notice of and explanations for missed deadlines; and 

 (c) Any preventive or corrective measures taken. 

 6. Requirements for compliance certification which reflect the terms and conditions of the 

operating permit. A compliance certification must include: 

 (a) An identification of each term or condition of the operating permit that is the basis of the 

certification; 

 (b) The status of the stationary source’s compliance with any applicable requirement; 

 (c) A statement of whether compliance was continuous or intermittent; 

 (d) The method used for determining compliance; and 

 (e) Any other facts that the Director deems necessary to determine compliance. 

 (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 

1-11-96)—(Substituted in revision for NAC 445B.317) 

12