reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.300 - Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of Commission or Department to act.

1. The Commission shall by regulation:
(a) Require the person operating or responsible for the existence of each source of air contaminant, generally or within a specified class or classes, to apply for and obtain an operating permit for the source.
(b) Require that written notice be given to the Director before the construction, installation, alteration or establishment of any source of air contaminant or of any specified class or classes of such sources, or the alteration of any device intended primarily to prevent or reduce air pollution. If within the time prescribed by regulation the Director determines that:
(1) The proposed construction, installation, alteration or establishment will not be in accordance with the provisions of the plans, specifications and other design material required to be submitted under NRS 445B.100 to 445B.640, inclusive, or applicable regulations; or
(2) The design material or the construction itself is of such a nature that it patently cannot bring such source into compliance with NRS 445B.100 to 445B.640, inclusive, or applicable regulations,
the Director shall issue an order prohibiting the construction, installation, alteration or establishment of the source or sources of air contaminant.
2. The Commission shall by regulation provide for:
(a) The issuance, renewal, modification, revocation and suspension of operating permits, and charge appropriate fees for their issuance in an amount sufficient to pay the expenses of administering NRS 445B.100 to 445B.640, inclusive, and any regulations adopted pursuant to those sections.
(b) The issuance of authorizations for the issuance of building permits pursuant to paragraph (a) of subsection 2 of NRS 445B.320.
3. Any failure of the Commission or the Department to issue a regulation or order to prohibit any act does not relieve the person so operating from any legal responsibility for the construction, operation or existence of the source of air contaminant.
4. All administrative fees collected by the Commission pursuant to subsection 2 must be accounted for separately and deposited in the State General Fund for credit to the Account for the Management of Air Quality. This subsection does not apply to any fees collected by political subdivisions or their agencies.
(Added to NRS by 1971, 1196; A 1973, 1816; 1993, 2853)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.305 - Commission to adopt regulations prescribing additional fee imposed on operators of mines with potential to emit mercury; amount of additional fee; operators of mines with potential to emit mercury to pay additional fee.

1. In addition to the fees for an operating permit, the Commission shall adopt regulations prescribing the appropriate fee to be imposed on the operator of a mine with the potential to emit mercury, and the schedule for payment of the fee. The Commission shall ensure that the fees imposed pursuant to this subsection are in an amount sufficient to pay the cost of employing two full-time employees of the Department whose employment responsibilities include ensuring compliance with a program to control mercury emissions adopted pursuant to NRS 445B.100 to 445B.640, inclusive, and any regulations adopted pursuant thereto. The Department shall advise the Commission in prescribing an appropriate fee pursuant to this subsection.
2. Each operator of a mine with the potential to emit mercury shall pay the fee prescribed by the Commission in accordance with the schedule prescribed by the Commission.
3. As used in this section, "mine with the potential to emit mercury" means a mine that, as determined by the Director, has the potential to emit mercury.
(Added to NRS by 2007, 3311)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.310 - Limitations on enforcement of federal and state regulations concerning indirect sources.

1. If any federal regulations relating to indirect sources become effective after January 17, 1977, the authority of a state agency to review new indirect sources may be exercised only:
(a) In the enforcement of those federal regulations; and
(b) To the extent enforcement by the state agency is required by the Federal Act.
2. The local air pollution control agency may enforce within its jurisdiction against existing indirect sources any federal or state regulations relating to indirect sources or any regulations it adopts relating to indirect sources, to the extent that:
(a) Local enforcement is not inconsistent with the requirements of any federal law or regulation; and
(b) Enforcement is necessary to comply with the federal standards for ambient air quality.
(Added to NRS by 1975, 1781; A 1977, 1559; 1981, 1539; 1985, 290; 1991, 1380)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.320 - Approval of plans and specifications required before construction or alteration of structure.

1. The Commission shall require, with respect to all sources of air contaminant, including indirect sources, that plans, specifications and such other information as the Commission may direct be submitted to the Director not later than a specified interval before the construction or alteration of a building or other structure if such construction or alteration includes the establishment or alteration of a source or indirect source of air contaminant.
2. The local government authority, if any, responsible for issuing any required building permit shall not issue such building permit:
(a) Until the Department has given its authorization therefor, pursuant to regulation of the Commission.
(b) If a stop order prohibiting such construction or alteration has been issued.
(Added to NRS by 1971, 1197; A 1973, 1817; 1977, 1559; 1993, 2854)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.330 - Notice of regulatory action: Requirement; method; contents of notice.

When the Department takes any regulatory action, under the provisions of NRS 445B.100 to 445B.640, inclusive, or under any rule, regulation, order or standard based thereon, it shall give reasonable notice to all parties by certified mail, which notice shall state the legal authority, jurisdiction and reasons for the action taken.
(Added to NRS by 1973, 1809)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.350 - Appeals to Commission: Hearings.

1. Within 20 days after receipt of the notice of appeal provided for in NRS 445B.340, the Commission shall hold a hearing.
2. Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in panels of three or more to conduct hearings.
4. The attendance of witnesses and the production of documents may be subpoenaed by the Commission at the request of any party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under oath, and recorded verbatim by human or electronic means.
6. For the purpose of judicial review under NRS 445B.560, the parties may agree upon a statement of facts in lieu of a transcript of testimony.
7. Costs of transcribing proceedings of the Commission shall be taxed against the requesting party.
(Added to NRS by 1973, 1809)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.360 - Appeals to Commission: Appealable matters; action by Commission; regulations.

1. Any person aggrieved by:
(a) The issuance, denial, renewal, modification, suspension or revocation of an operating permit; or
(b) The issuance, modification or rescission of any other order,
by the Director may appeal to the Commission.
2. The Commission shall affirm, modify or reverse any action taken by the Director which is the subject of the appeal.
3. The Commission shall provide by regulation for the time and manner in which appeals are to be taken to the Commission.
(Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.400 - Conditions and criteria for granting variance; power to revoke.

1. The owner or operator of a source of air contaminant or a person who desires to establish such a source may apply to the Commission for a variance from its applicable regulations. The Commission may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The emissions occurring or proposed do not endanger or tend to endanger human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the public.
2. A variance shall not be granted unless the Commission has considered the relative interests of first, the public; second, other owners of property likely to be affected by the emissions; and last, the applicant.
3. The Commission may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.
(Added to NRS by 1971, 1197)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.410 - Renewal; protest and hearing on application for renewal.

1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.
2. Application for any renewal must be made at least 60 days prior to expiration of the variance to be renewed, and the Commission shall give public notice of the application.
3. If a protest is filed with the Commission against the renewal, the Commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.
(Added to NRS by 1971, 1198)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.420 - Limitations on duration; annual review.

1. The following limitations of duration apply to all variances:
(a) If the variance is granted because no practical means is known or available for prevention, abatement or control of the air pollution involved, the variance shall continue only until such means become known and available.
(b) If the variance is granted because compliance with applicable regulations will require measures which, because of extent or cost, must be spread over a period of time, the variance shall be granted only for the requisite period as determined by the Commission, and shall specify the time when the successive steps are to be taken.
(c) If the variance is granted for any other reason, it shall be granted for 1 year or less.
2. A variance whose duration is limited by paragraph (a) or (b) of subsection 1 shall be reviewed at least once each year to determine whether practical measures have become available or required steps have been taken.
(Added to NRS by 1971, 1198)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.450 - Notice and order by Director; hearing; alternative procedures.

1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, the Director shall cause written notice to be served upon the person or persons responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated; and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take corrective action within a reasonable time, which shall be specified. Such an order becomes final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the Commission.
4. With or without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time specified:
(a) The Director may notify the person or persons responsible for the alleged violation to appear before the Commission at a specified time and place; or
(b) The Commission may initiate proceedings for recovery of the appropriate penalty.
5. Nothing in this section prevents the Commission or the Director from making efforts to obtain voluntary compliance through warning, conference or other appropriate means.
(Added to NRS by 1971, 1198; A 1973, 1818; 1975, 1405)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.460 - Injunctive relief.

1. If, in the judgment of the Director, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640, inclusive, the Director may request that the Attorney General apply to the district court for an order enjoining the act or practice, or for an order directing compliance with any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640, inclusive.
2. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in or is about to engage in such an act or practice, the control officer may request that the district attorney of the county in which the act or practice is being engaged in or is about to be engaged in apply to the district court for such an order.
3. Upon a showing by the Director or the control officer that a person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.
(Added to NRS by 1973, 1809; A 1993, 2854; 2001, 1295)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.470 - Prohibited acts; penalty; establishment of violation; request for prosecution.

1. A person shall not knowingly:
(a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;
(b) Fail to pay any fee;
(c) Falsify any material statement, representation or certification in any notice or report; or
(d) Render inaccurate any monitoring device or method,
required pursuant to the provisions of NRS 445B.100 to 445B.450, inclusive, or 445B.470 to 445B.640, inclusive, or any regulation adopted pursuant to those provisions.
2. Any person who violates any provision of subsection 1 shall be punished by a fine of not more than $10,000 for each day of the violation.
3. The burden of proof and degree of knowledge required to establish a violation of subsection 1 are the same as those required by 42 U.S.C. § 7413(c), as that section existed on October 1, 1993.
4. If, in the judgment of the Director of the Department or the Director’s designee, any person is engaged in any act or practice which constitutes a criminal offense pursuant to NRS 445B.100 to 445B.640, inclusive, the Director of the Department or the designee may request that the Attorney General or the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.
5. If, in the judgment of the control officer of a local air pollution control board, any person is engaged in such an act or practice, the control officer may request that the district attorney of the county in which the criminal offense is alleged to have occurred institute by indictment or information a criminal prosecution of the person.
(Added to NRS by 1993, 2850; A 2001, 1296)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.503 - Local air pollution control board in county whose population is 700,000 or more: Cooperation and consultation with regional transportation commission.

1. In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose population is 700,000 or more shall cooperate with the regional transportation commission in the county in which it is located to:
(a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.
2. Before adopting or amending a plan, policy or program, a local air pollution control board shall consult with the regional transportation commission.
3. As used in this section:
(a) "Local air pollution control board" means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) "Regional transportation commission" means a regional transportation commission created and organized in accordance with chapter 277A of NRS.
(Added to NRS by 1999, 1975; A 2011, 1264; 2023, 638)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.505 - Requirements for enacting ordinance or adopting regulation establishing fuel standards for mobile sources of air contaminants: Determination of cost effectiveness and feasibility; public meeting.

Before a district board of health, county board of health or board of county commissioners, pursuant to the authority granted to it by NRS 445B.500, enacts an ordinance or adopts a regulation establishing fuel standards for mobile sources of air contaminants, the district board of health, county board of health or board of county commissioners shall:
1. Determine the cost effectiveness of the proposed ordinance or regulation by comparing it with other methods of controlling pollution.
2. Determine whether the proposed ordinance or regulation is technologically feasible based on evidence presented to the district board of health, county board of health or board of county commissioners relating to the availability, effectiveness, reliability and safety of any proposed technology when it is used for its proposed use.
3. Conduct public meetings to consult with public and private entities that would be significantly affected by the proposed ordinance or regulation.
(Added to NRS by 1997, 3229)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.508 - Reduction or mitigation of increases in emissions; air pollution credits.

1. In a county whose population is 700,000 or more, a district board of health or board of county commissioners may, as a part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.
2. If a district board of health or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:
(a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;
(b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and
(c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.
3. If a county operates a program for the control of air pollution that allows a person operating or responsible for the existence of a source to earn credits for maintaining or reducing the level of air contaminant emitted from the source, the program:
(a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and
(b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.
4. A credit earned pursuant to this section does not constitute an interest in property.
5. As used in this section:
(a) "Credit" means an administratively created asset that may:
(1) Entitle a person operating or responsible for the existence of a source to allow the source to emit a certain level of air contaminant above a baseline that is determined by the board;
(2) Be used to comply with the requirements of a permit; and
(3) Be traded or sold to another person.
(b) "Surplus" means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.
(Added to NRS by 1999, 1976; A 2001, 1517; 2005, 2470; 2011, 1264)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.510 - Commission may require program for designated area.

1. If the Commission finds that:
(a) The location, character or extent of particular concentrations of population or sources of air contaminant;
(b) Geographic, topographic or meteorological considerations; or
(c) Any combination of these factors,
makes impracticable the maintenance of appropriate levels of air quality without an areawide air pollution control program, it shall after a public hearing define the area so affected.
2. If an areawide air pollution control program is not established by cooperative or interlocal agreement within a time specified by the Commission, the Commission shall establish such a program, which shall be a charge on the counties, and may supersede any local program within the area.
(Added to NRS by 1971, 1200)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.520 - Commission may establish or supersede county program.

1. If a county required to establish or participate in an air pollution control program fails to do so, or if the Commission believes that a program previously approved is inadequate, it shall hold a public hearing. If it finds that an adequate program has not been adopted or that a program has become inadequate, it shall fix a time within which necessary corrective measures are to be taken.
2. If the prescribed measures are not so taken, the Commission shall direct the Department to administer an adequate air pollution control program within the county, which shall be a charge on the county, and may supersede any existing county air pollution control program.
(Added to NRS by 1971, 1200; A 1973, 1820)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.530 - Commission may assume jurisdiction over specific classes of air contaminants.

1. If the Commission finds that the control of a particular class of sources of air contaminant because of its complexity or magnitude is beyond the reasonable capability of one or more local air pollution control authorities, it may assume and retain jurisdiction over that class in the county or counties so affected.
2. Sources may be classified for the purpose of this section on the basis of their nature or their size relative to the county in which they are located.
(Added to NRS by 1971, 1200)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.540 - Restoration of superseded local program; continuation of existing local program.

1. A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a local air pollution control program if such program is approved as adequate by the Commission.
2. A district, county or city which has an air pollution control program in operation on July 1, 1971, may continue its program if within 1 year after July 1, 1971, the program is approved as adequate by the Commission. Such approval shall be deemed granted unless the Commission specifically disapproves the program after a public hearing. Nothing in NRS 445B.100 to 445B.640, inclusive, is to be construed as invalidating any rule, regulation, enforcement action, variance, permit, cease and desist order, compliance schedule, or any other legal action taken by any existing air pollution control authority pursuant to former NRS 445.400 to 445.595, inclusive, on or before July 1, 1971, unless it is specifically repealed, superseded or disapproved, pursuant to NRS 445B.215.
(Added to NRS by 1971, 1200)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.560 - Plan or procedure for emergency.

1. The Commission may provide by rules and regulations for alert, warning, and emergency standards and abatement procedures relative to air pollution episodes or emergencies constituting, or likely to constitute, an imminent and substantial danger to the health of persons.
2. Any person responsible for the operation of a source of air contaminants which is designated by the Director shall prepare and submit emergency plans for reducing or eliminating the emissions of air contaminants during such periods of air stagnation or air pollution episodes or emergencies as may be declared by the Director. The emergency plans shall be subject to review and approval by the Director. If, in the opinion of the Director, an emergency plan does not effectively carry out the objective of reducing or eliminating the emissions of air contaminants during periods of air stagnation or air pollution episodes or emergencies, the Director shall disapprove it, state the reason for disapproval, and order the preparation and submission of an amended emergency plan within the time period specified in the order. If an approvable emergency plan is not prepared and submitted within the time period specified in the order, the Director shall issue an emergency plan applicable to that person. Persons subject to the emergency plan shall obey the plan during periods of air stagnation or air pollution episodes or emergencies declared by the Director. The provisions of NRS 445B.360 with respect to appeals do not apply to this subsection.
3. Any other provisions of law to the contrary notwithstanding, if the Director finds that a generalized condition of air pollution exists or that emissions from one or more air contaminant sources occur and that the condition or sources create, or are likely to create, an imminent and substantial danger to health requiring immediate action to protect human health and safety, the Director shall order persons causing or contributing to the air pollution or responsible for the operation of the source to reduce or discontinue immediately the emission of air contaminants. Any person subject to the order may appeal directly to the district court or request a hearing before the Commission.
4. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration.
(Added to NRS by 1971, 1201; A 1973, 1820)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.570 - Confidentiality and use of information obtained by Department; penalty.

1. Any information which the Department obtains in the course of the performance of its duties pursuant to the provisions of this chapter is public information unless otherwise designated as confidential information pursuant to the provisions of this section.
2. The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a hazardous air pollutant by regulation of the Commission cannot be certified as being confidential.
3. Any confidential information received by the Commission, the Director or any local control authority which is certified in writing to the recipient as confidential by the owner or operator disclosing the information and verified and approved in writing as confidential by the recipient must, unless the owner expressly agrees to its publication or availability to the public, be used only:
(a) In the administration or formulation of air pollution controls;
(b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmosphere which do not identify any owner or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules and regulations.
4. This section does not prohibit the use of confidential information in a prosecution for the violation of any statute, ordinance or regulation for the control of air pollution.
5. A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and is liable in tort for any damages which may result from such disclosure or use.
6. As used in this section, "confidential information" means information or records which:
(a) Relate to dollar amounts of production or sales;
(b) Relate to processes or production unique to the owner or operator; or
(c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.
(Added to NRS by 1971, 1201; A 1973, 1821; 1975, 1405; 1993, 2855)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.580 - Officer of Department may inspect or search premises; search warrant.

1. It is a condition of the issuance of any operating permit required by the Commission or pursuant to any local ordinance for the control of air pollution that the holder of the operating permit agrees to permit inspection of the premises to which the permit relates by any authorized officer of the Department at any time during the holder’s hours of operation without prior notice. This condition must be stated on each application form and operating permit.
2. If a source of air contaminant exists or is constructed or operated without an operating permit, such an officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or before attempting to enter, such an officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if the magistrate believes from the supporting affidavit or affidavits that there is probable cause to believe that a source of air contaminant exists or is being constructed or operated on the premises to be searched.
(Added to NRS by 1971, 1202; A 1973, 1822; 1993, 2855)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.590 - Account for the Management of Air Quality: Creation and administration; use; interest; payment of claims.

1. The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department.
2. Money in the Account for the Management of Air Quality must be expended:
(a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640, inclusive, and of any regulations adopted pursuant to those sections, including, without limitation, the direct and indirect costs of:
(1) Preparing regulations and recommendations for legislation regarding those provisions;
(2) Furnishing guidance for compliance with those provisions;
(3) Reviewing and acting upon applications for operating permits;
(4) Administering and enforcing the terms and conditions of operating permits;
(5) Monitoring emissions and the quality of the ambient air;
(6) Preparing inventories and tracking emissions;
(7) Performing modeling, analyses and demonstrations;
(8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; and
(9) Preparing a report required pursuant to NRS 445B.380;
(b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445B.100 to 445B.640, inclusive; and
(c) For any other purpose authorized by the Legislature.
3. All interest earned on the money in the Account for the Management of Air Quality must be credited to the Account. Claims against the Account for the Management of Air Quality must be paid as other claims against the State are paid.
(Added to NRS by 1993, 2849; A 2003, 345; 2007, 1908; 2010, 26th Special Session, 18; 2021, 584)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.595 - Governmental sources of air contaminants to comply with state and local provisions regarding air pollution; permit to set fire for training purposes; planning and zoning agencies to consider effects on quality of air.

1. Except as otherwise provided by subsection 2, all governmental sources of air contaminants shall comply with all local and state air pollution laws, regulations and ordinances.
2. A fire department, county fire protection district, fire protection training academy or training center may, after obtaining a permit for a specific site, set a fire at that site for training purposes so long as the site is not within an area in which an air pollution episode or emergency constituting, or likely to constitute, an imminent and substantial danger to the health of persons exists. The permit must be obtained from:
(a) The county air pollution control agency, if one has been designated pursuant to NRS 445B.500; or
(b) The Director, if an agency has not been so designated.
3. All planning commissions, zoning boards of adjustment, and governing bodies of unincorporated towns, incorporated cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to planning and zoning consider the effects of possible air pollution and shall submit to the Department for evaluation a concise statement of the effects on air quality by complex sources.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1989, 584)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.600 - Private rights and remedies not affected.

NRS 445B.100 to 445B.595, inclusive, does not abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courts of this State or the courts of the United States on a tort claim against the United States or a federal agency as authorized by federal statutes.
(Added to NRS by 1971, 1202; A 1985, 292; 2007, 1909)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.610 - Provisions for transition in administration.

1. All rules, regulations and standards promulgated by the State Commission of Environmental Protection pertaining to air pollution control in force on July 1, 1973, remain in effect until such time as revised by the State Environmental Commission pursuant to NRS 445B.100 to 445B.640, inclusive.
2. Any and all action taken by the State Commission of Environmental Protection, including but not limited to existing orders, notices of violation, variances, permits, cease and desist orders and compliance schedules, shall remain in full force and effect and binding upon the State Environmental Commission, the Director, the Department and all persons to whom such action may apply on or after July 1, 1973.
3. In the event that a local air pollution control program described in NRS 445B.500 is transferred in whole or in part from an existing air pollution control agency to another agency, all rules and regulations adopted by the existing agency may be readopted as amended to reflect the transfer of authorities by the new agency immediately upon such transfer, and the provisions of NRS 445B.215 do not apply to such readoption.
4. If a transfer of local authority as described in subsection 3 occurs, all orders, notices of violation, variances, cease and desist orders, compliance schedules and other legal action taken by the existing air pollution control board, control officer or hearing board remain in full force and effect, and must not be invalidated by reason of such transfer.
(Added to NRS by 1973, 1810; A 2007, 1909)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.640 - Levy and disposition of administrative fines; additional remedies available; criminal penalty for failure to pay administrative fine.

1. Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto, other than NRS 445B.570 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the Commission of not more than $10,000 per day per offense. Each day of violation constitutes a separate offense.
2. The Commission shall by regulation establish a schedule of administrative fines not exceeding $2,000 for lesser violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640, inclusive, by injunction or other appropriate remedy, and the Commission or the Director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
4. Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.
5. All administrative fines collected by the Commission pursuant to this section must be deposited in the State Education Fund.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975, 1406; 1977, 70; 1989, 736; 1993, 2856; 1997, 1080; 2007, 1024, 1910; 2021, 1138)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.700 - Definitions.

As used in NRS 445B.700 to 445B.845, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.7585, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1702; A 1977, 920; 1985, 1991; 1991, 756, 2019; 1993, 2856; 1995, 2353; 1997, 2055; 2001, 2681; 2003, 599; 2009, 1326; 2013, 1860; 2015, 126)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.710 - "Authorized inspection station" defined.

"Authorized inspection station" means a station licensed by the Department of Motor Vehicles for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the Commission.
(Added to NRS by 1993, 2850; A 2001, 2617)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.720 - "Authorized station" defined.

"Authorized station" means a station licensed by the Department of Motor Vehicles for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the Commission and for installing, repairing and adjusting such devices to meet the Commission’s requirements.
(Added to NRS by 1993, 2851; A 2001, 2617)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.728 - "Consignment auction" defined.

"Consignment auction" means any transaction whereby the registered owner or lienholder of a vehicle, or an insurance company that has acquired a vehicle as part of a total loss settlement, agrees, entrusts or in any other manner authorizes a consignee to act as his or her agent to sell or attempt to sell the interest of the registered owner, lienholder or insurance company in the vehicle at an auction that meets the requirements set forth in NRS 445B.807.
(Added to NRS by 2013, 1860)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.730 - "Evidence of compliance" defined.

"Evidence of compliance" includes a certificate issued when a motor vehicle has been inspected and:
1. Has the required equipment; or
2. Does not meet the requirements for the control of emissions after the repairs have been made and the Commission waives compliance.
(Added to NRS by 1993, 2851)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.737 - Heavy-duty motor vehicle" defined.

"Heavy-duty motor vehicle" means, except as otherwise provided in NRS 445B.780, a motor vehicle that has a manufacturer’s gross vehicle weight rating of 8,500 pounds or more. The term does not include a passenger car.
(Added to NRS by 2003, 599)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.745 - "Motor vehicle" defined.

"Motor vehicle" means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except:
1. Devices moved by human or animal power or used exclusively on stationary rails; and
2. Electric personal assistive mobility devices as defined in NRS 482.029.
(Added to NRS by 1993, 2851; A 2003, 1207)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.758 - "Used motor vehicle" defined.

"Used motor vehicle" means a motor vehicle that has been registered for not less than 2 years with:
1. The Department of Motor Vehicles;
2. The appropriate agency of any other state, the District of Columbia, any territory or possession of the United States, any foreign country or any state or province of a foreign country; or
3. Any combination of the agencies described in subsections 1 and 2.
(Added to NRS by 1995, 2353; A 2001, 2617)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.759 - Inapplicability to military tactical vehicles, replica vehicles and registered retired military vehicles.

1. The provisions of NRS 445B.700 to 445B.845, inclusive, do not apply to:
(a) Military tactical vehicles;
(b) Replica vehicles; or
(c) Retired military vehicles registered pursuant to NRS 482.3817.
2. As used in this section:
(a) "Military tactical vehicle" means a motor vehicle that is:
(1) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and
(2) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
(b) "Replica vehicle" means any passenger car or light-duty motor vehicle which:
(1) Has a body manufactured after 1967 which is made to resemble a vehicle of a model manufactured before 1968;
(2) Has been altered from the original design of the manufacturer or has a body constructed from materials which are not original to the vehicle;
(3) Is maintained solely for occasional transportation, including exhibitions, club activities, parades, tours or other similar uses; and
(4) Is not used for daily transportation.
The term does not include a vehicle which has been restored to its original design by replacing parts or a retired military vehicle registered pursuant to NRS 482.3817.
(c) "Retired military vehicle" has the meaning ascribed to it in NRS 482.3817.
(Added to NRS by 2003, 599; A 2007, 1243; 2013, 1861; 2015, 126; 2019, 1331)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.760 - Authority of Commission to prescribe standards for emissions from mobile internal combustion engines; trimobiles; standards pertaining to motor vehicles to be approved by Department of Motor Vehicles.

1. The Commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible emissions of smoke from mobile internal combustion engines on the ground or in the air, including, but not limited to, aircraft, motor vehicles, snowmobiles and railroad locomotives. The regulations must provide for the exemption from such standards of:
(a) A moped registered pursuant to NRS 482.2155; and
(b) A vehicle for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816 if the owner of such a vehicle certifies to the Department of Motor Vehicles, on a form provided by the Department of Motor Vehicles, that the vehicle was not driven more than 5,000 miles during the immediately preceding year.
2. Except as otherwise provided in subsection 3, standards for exhaust emissions which apply to a:
(a) Reconstructed vehicle, as defined in NRS 482.100; and
(b) Trimobile, as defined in NRS 482.129,
must be based on standards which were in effect in the year in which the engine of the vehicle was built.
3. A trimobile that meets the definition of a motorcycle in 40 C.F.R. § 86.402-78 or 86.402-98, as applicable, is not subject to emissions standards under this chapter.
4. Any such standards which pertain to motor vehicles must be approved by the Department of Motor Vehicles before they are adopted by the Commission.
(Added to NRS by 1973, 1702; A 1979, 857; 1985, 803; 1997, 2650; 2001, 2617; 2009, 1326; 2011, 1530; 2015, 1771)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.765 - Information concerning program for control of emissions from motor vehicles: Collection, interpretation and correlation; public inspection.

1. The Commission, in cooperation with the Department of Motor Vehicles, shall adopt regulations which establish procedures for collecting, interpreting and correlating information concerning programs to control emissions from motor vehicles and any benefits which result from an inspection program.
2. All information received by the Commission or the Department of Motor Vehicles is open to public inspection.
(Added to NRS by 1977, 919; A 1985, 1992; 2001, 2618)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.767 - Authority of Commission, in larger counties, to adopt regulations to establish voluntary program of electronic monitoring of emission information; imposition and collection of annual fee.

1. In any county whose population is 100,000 or more, the Commission may, in cooperation with the Department of Motor Vehicles and any local air pollution control agency, adopt regulations to establish a voluntary program of electronic monitoring of emission information, from vehicles equipped with onboard diagnostic equipment that permits such monitoring, for the purposes of compliance with this chapter.
2. The Department of Motor Vehicles shall charge an annual fee that is equal in amount to the fee imposed pursuant to paragraph (c) of subsection 1 of NRS 445B.830 for each vehicle electronically monitored pursuant to subsection 1. Fees collected by the Department pursuant to this section must be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 2009, 1326; A 2021, 2174)
2023 Nevada Revised Statutes › Chapter 445B - Air Pollution › NRS 445B.775 - Regulations of Commission: Requirements for licensing of stations by Department of Motor Vehicles.

The regulations adopted by the Commission pursuant to NRS 445B.770 must establish requirements by which the Department of Motor Vehicles may license:
1. Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles. The regulations adopted by the Commission pursuant to NRS 445B.770 must provide that a facility licensed as an authorized inspection station:
(a) Except as otherwise provided in paragraph (b), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.
(b) May perform the following activities in connection with a motor vehicle:
(1) The changing of oil;
(2) The replacing of an oil filter, air filter, fuel filter, belt or hose; and
(3) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
2. Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.
(Added to NRS by 1993, 2851; A 2001, 2619; 2005, 2323; 2007, 3232; 2015, 78)