reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3657 - Determination by Director of de minimis mercury emissions

Current
				through June 11, 2024
1.
				The Director shall make an initial determination of the de minimis mercury
				emissions for thermal units that emit mercury not later than July 3,
				2006.
2. The Director may, upon
				written request and satisfactory demonstration by the owner or operator of a
				thermal unit that emits mercury, determine that the mercury emissions from the
				thermal unit that emits mercury are de minimis mercury emissions. Within 60
				days after receiving a written request pursuant to this subsection, the
				Director shall make an initial determination of the mercury emissions from the
				thermal unit that emits mercury to determine whether the mercury emissions are
				de minimis mercury emissions.
3. In
				making a determination pursuant to subsection 1 or 2, if a stationary source
				has more than one thermal unit that emits mercury, the Director may, after
				considering the impact of the combined mercury emissions from the thermal units
				that emit mercury at the stationary source, make an initial determination
				concerning whether the mercury emissions from one or more of the thermal units
				that emit mercury are de minimis mercury emissions.
4. An initial evaluation of de minimis
				mercury emissions determined pursuant to subsection 1, 2 or 3 must be made
				public and maintained on file with the Director during normal business hours at
				901 South Stewart Street, Suite 4001, Carson City, Nevada 89701, and at a
				location to be determined by the Director in the air quality region where the
				source is located, for 30 days to enable public participation and comment. The
				Director shall provide public notice of the location in the air quality region
				in which the initial evaluation will be made public and maintained on
				file.
5. The Director shall:
(a) Publish notice of the Director's initial
				evaluation on an Internet website designed to give general public
				notice;
(b) Provide written notice
				to persons on a mailing list developed by the Director, including those persons
				who request in writing to be included on the list;
(c) Provide notice by other means if
				necessary to ensure that adequate notice is given to the public; and
(d) Establish a 30-day period for comment
				from the public.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3659 - Application of NvMACT required for control of mercury emissions

Current through June 11, 2024
No owner or operator of a tier-1 thermal unit that emits
				  mercury, tier-2 thermal unit that emits mercury, new thermal unit that emits
				  mercury or modified thermal unit that emits mercury may cause or permit the
				  discharge of mercury into the atmosphere without applying NvMACT for the
				  control of mercury emissions pursuant to the provisions of NAC 445B.3611 to
				  445B.3689, inclusive.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3661 - Mercury operating permits to construct: General requirements; restrictions on transfers

Current through June 11,
				2024
1. A mercury
				operating permit to construct is required for each:
(a) Existing thermal unit that emits mercury,
				other than a tier-3 thermal unit, pursuant to the schedules and requirements
				set forth in NAC 445B.3667 to 445B.3679, inclusive; and
(b) New thermal unit that emits mercury or
				modified thermal unit that emits mercury pursuant to the schedules and
				requirements set forth in NAC 445B.3681 to 445B.3687, inclusive.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3663 - Mercury operating permits to construct: Duties of owner or operator of stationary source which conducts precious metals mining; form of application

Current through June 11,
				2024
1. An owner or
				operator of a stationary source which conducts precious metals mining shall
				obtain a mercury operating permit to construct for:
(a) A tier-1 thermal unit that emits
				mercury;
(b) A tier-2 thermal unit
				that emits mercury;
(c) A new
				thermal unit that emits mercury; and
(d) A modified thermal unit that emits
				mercury.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3665 - Duties of owner or operator of tier-3 thermal unit

Current
				through June 11, 2024
1.
				An owner or operator of a tier-3 thermal unit:
(a) Must have an operating permit issued
				pursuant to NAC
				445B.001 to 445B.390, inclusive,
				to operate the thermal unit;
(b)
				Shall submit documentation to the Director on an annual basis which certifies
				that the thermal unit satisfies the criteria to be a tier-3 thermal unit;
				and
(c) Is not required to submit
				an application for or obtain a mercury operating permit to construct.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3667 - Existing thermal unit that emits mercury: Deadlines for submission of phase-1 and phase-2 applications

Current through June 11,
				2024
1. An owner or
				operator of a tier-1 thermal unit that emits mercury shall submit a phase-1
				application to the Director not later than August 2, 2006.
2. Except as otherwise provided in NAC
				445B.3669, an owner or operator of a tier-2 thermal unit that emits mercury
				shall submit a phase-1 application to the Director not later than October 31,
				2006.
3. An owner or operator of a
				tier-1 thermal unit that emits mercury or a tier-2 thermal unit that emits
				mercury shall submit a phase-2 application to the Director not later than
				February 4, 2008.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3669 - Existing thermal unit that emits mercury: Submission of phase-1 application following determination of de minimis mercury emissions

Current
				through June 11, 2024
Within 90 days after the date of final notification of the
				  determination of de minimis mercury emissions pursuant to NAC 445B.3657:
1. If the owner or operator of an existing
				thermal unit that emits mercury determines that the thermal unit that emits
				mercury does or has the potential to emit mercury at a level which is greater
				than de minimis mercury emissions and has not yet submitted an application
				pursuant to subsection 1 or 2 of NAC 445B.3667, the owner or operator must
				submit a phase-1 application to the Director to obtain a mercury operating
				permit to construct for the thermal unit that emits mercury; or
2. If the owner or operator of a stationary
				source has a mercury operating permit to construct which was issued pursuant to
				a phase-1 application for one or more thermal units that emit mercury and
				determines that any of the thermal units that emit mercury emits or has the
				potential to emit mercury at a level which is greater than the de minimis
				mercury emissions, the owner or operator must submit an application to revise
				the mercury operating permit to construct to authorize the operation of the
				thermal unit that emits mercury at a level which is greater than de minimis
				mercury emissions.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3671 - Existing thermal unit that emits mercury: Contents of required applications

Current through June 11,
				2024
A phase-1 application, a phase-2 application and an
				  application for a revision of a mercury operating permit to construct for an
				  existing thermal unit that emits mercury must include:
1. Information to identify the applicant,
				including the name and address of the company or the name and address of the
				plant if different from that of the company, the name of the owner of the
				company and the owner's agent, and the name and telephone number of the manager
				of the plant or another appropriate person to contact;
2. An identification of each thermal unit
				that emits mercury;
3. A
				description of the fuels, fuel use and raw materials to be used and the rates
				of production and operating schedules for each thermal unit that emits mercury
				which is a part of the stationary source;
4. Limitations on the operation of the
				stationary source or any standards for work practices which affect mercury
				emissions at the stationary source;
5. The location of any records that the
				applicant must keep pursuant to the requirements of the mercury operating
				permit to construct if the records are kept at a location other than the
				emitting stationary source;
6.
				Additional controls which will be implemented by a tier-1 thermal unit that
				emits mercury or tier-2 thermal unit that emits mercury to reduce the level of
				mercury emissions for which the owner or operator is requesting mercury early
				reduction credit; and
7. Other
				specific information that the Director determines is necessary to carry out,
				enforce and determine the applicability of all legal requirements.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3673 - Existing thermal unit that emits mercury: Contents of phase-1 application; sampling and testing for tier-1 thermal unit

Current through June
				11, 2024
A phase-1 application or an application for a revision of a
				  mercury operating permit to construct which was issued pursuant to a phase-1
				  application for an existing thermal unit that emits mercury must
				  include:
1. An identification and a
				description of any equipment for the control of mercury emissions, including,
				without limitation, any controls that are presumptive NvMACT; and
2. A proposed monitoring plan which must be
				complied with by the applicant until a mercury operating permit to construct is
				issued pursuant to the phase-1 application and which includes, without
				limitation:
(a) For a tier-1 thermal unit that
				emits mercury:
(1) Procedures for the
				operation and maintenance of the thermal unit.
(2) Methods of the monitoring of and
				recordkeeping for any controls for mercury processes and emissions.
(3) A proposed schedule for sampling and
				testing of mercury emissions and tests of performance to be conducted on an
				annual basis in accordance with the procedures set forth in NAC 445B.252. The
				owner or operator of the thermal unit that emits mercury must conduct the
				initial sampling and testing of mercury emissions and tests of performance and
				submit the results of the initial sampling and testing and tests of performance
				to the Director not later than December 31, 2006. After the owner or operator
				of the thermal unit has submitted the results of the initial sampling and
				testing of mercury emissions and tests of performance, the owner or operator
				may submit a request to the Director to waive the requirement for annual
				sampling and testing of mercury emissions or consider other schedules for the
				frequency with which such sampling and testing and tests of performance must be
				conducted.
(4) A requirement to
				report the level of mercury emissions on an annual basis which must be based on
				mercury emissions test data.
(5) A
				requirement to report any mercury co-product on an annual basis.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3675 - Existing thermal unit that emits mercury: Contents of phase-2 application

Current through June 11,
				2024
A phase-2 application for a tier-1 thermal unit that emits
				  mercury or a tier-2 thermal unit that emits mercury, or an application for a
				  revision of a mercury operating permit to construct which was issued pursuant
				  to a phase-2 application for a tier-1 thermal unit that emits mercury or a
				  tier-2 thermal unit that emits mercury must include:
1. An analysis conducted by the applicant
				which:
(a) Determines the standards, methods
				of control or other limitations to be applied to the thermal unit for the
				reduction of mercury emissions that the applicant deems sufficient for the
				Director to determine to be NvMACT for the thermal unit that emits mercury;
				and
(b) Sets forth a list of
				similar thermal units that emit mercury which are used for precious metal
				mining that includes, without limitation:
(1)
				Any methods or technologies to control mercury emissions which are associated
				with the thermal units that emit mercury;
(2) The level of mercury emissions associated
				with each method or technology to control mercury emissions from the thermal
				units that emit mercury;
(3) The
				design for each method or technology to control mercury emissions from the
				thermal units that emit mercury;
(4) Costs associated with reductions of
				mercury emissions as a result of each method or technology to control mercury
				emissions from the thermal units that emit mercury;
(5) Costs associated with energy for each
				method or technology to control mercury emissions from the thermal units that
				emit mercury; and
(6) Consistent
				with section 112(d)(2) of the Act, any nonair quality health and environmental
				impacts and energy requirements for each method or technology to control
				mercury emissions from the thermal units that emit mercury.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3681 - New or modified thermal unit that emits mercury: Contents of required application

Current through June 11,
				2024
An application for a mercury operating permit to construct or
				  an application for a revision of a mercury operating permit to construct for a
				  new thermal unit that emits mercury or a modified thermal unit that emits
				  mercury must include, without limitation:
1. Information to identify the applicant,
				including the name and address of the company or the name and address of the
				plant if different from that of the company, the name of the owner of the
				company and the owner's agent, and the name and telephone number of the manager
				of the plant or another appropriate person to contact;
2. An identification of each thermal unit
				that emits mercury;
3. A
				description of the fuels, fuel use and raw materials to be used and the rates
				of production and operating schedules for each thermal unit that emits mercury
				which is a part of the stationary source;
4. Limitations on the operation of the
				stationary source or any standards for work practices which affect emissions of
				mercury at the stationary source;
5. The location of any records that the
				applicant must keep pursuant to the requirements of the mercury operating
				permit to construct, if the records are kept at a location other than the
				emitting stationary source;
6. An
				analysis conducted by the applicant which:
(a)
				Determines the standards, methods of control or other limitations to be applied
				to the thermal unit for the reduction of mercury emissions that the applicant
				deems sufficient for the Director to determine to be NvMACT for the thermal
				unit that emits mercury; and
(b)
				Sets forth a list of similar thermal units that emit mercury which are used for
				precious metal mining that includes, without limitation:
(1) Any methods or technologies to control
				mercury emissions which are associated with the thermal units that emit
				mercury;
(2) The level of mercury
				emissions associated with each method or technology to control mercury
				emissions from the thermal units that emit mercury;
(3) The design for each method or technology
				to control mercury emissions from the thermal units that emit
				mercury;
(4) Costs associated with
				reductions of mercury emissions as a result of each method or technology to
				control mercury emissions from the thermal units that emit mercury;
(5) Costs associated with energy for each
				method or technology to control mercury emissions from the thermal units that
				emit mercury; and
(6) Consistent
				with section 112(d)(2) of the Act, any nonair quality health and environmental
				impacts and energy requirements for each method or technology to control
				mercury emissions from the thermal units that emit mercury; and
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3687 - Mercury operating permit to construct for new or modified thermal unit that emits mercury: Expiration and extension

Current through June
				11, 2024
For a new thermal unit that emits mercury or a modified
				  thermal unit that emits mercury:
1. If
				construction will occur in one phase, a mercury operating permit to construct
				for a new or modified thermal unit that emits mercury expires if construction
				is not commenced within 18 months after the date of issuance thereof or
				construction of the thermal unit that emits mercury is delayed for 18 months
				after initiated. The Director may extend the date on which the construction may
				be commenced upon a showing that the extension is justified.
2. If construction will occur in more than
				one phase, the projected date of the commencement of construction of each phase
				of construction must be approved by the Director. A mercury operating permit to
				construct expires if the initial phase of construction is not commenced within
				18 months after the projected date of the commencement of construction approved
				by the Director. The Director may extend only the date on which the initial
				phase of construction may be commenced upon a showing that the extension is
				justified.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3689 - Fees: Determination, payment and collection; late penalty

Current through June 11, 2024
1. The fee for a mercury operating permit to
				construct as required pursuant to NAC 445B.3611 to 445B.3689, inclusive, must
				be determined as follows:
(a) For a mercury
				operating permit to construct pursuant to a phase-1 application, the fee must
				be determined in an amount, in dollars, that is equal to the amount calculated
				by dividing 50,000 by the total number of stationary sources that conduct
				precious metals mining and operate one or more thermal units that emit mercury
				which submit a phase-1 application. The Director shall determine the total
				number of stationary sources that conduct precious metals mining and operate
				one or more thermal units that emit mercury to be charged pursuant to this
				paragraph on or before August 16, 2006. Upon the determination of the total
				number of stationary sources that conduct precious metals mining and operate
				one or more thermal units that emit mercury, the Director shall notify the
				applicant of the amount of the application fee. An applicant must pay the
				entire fee when the applicant submits the application to the Director or within
				30 days after receipt of the notification by the Director of the amount of the
				application fee, whichever occurs later.
(b) For a mercury operating permit to
				construct for a new or modified thermal unit that emits mercury or for a
				revision of a mercury operating permit to construct, the fee is $5,000 for each
				application. An applicant must pay the entire fee upon submission of the
				application to the Director.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.380 - Applicability; authorized uses

Current through June 11,
				2024
1. NAC 445B.380 to
				445B.390, inclusive, apply to:
(a) A new or
				existing major stationary source or a major modification with a federally
				enforceable permit that contains requirements associated with an emission
				reduction credit; and
(b) Any party
				involved with the trading of an emission reduction credit.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3811 - Limitations on use

Current through June 11,
				2024
1. An emission
				reduction credit shall not provide or allow:
(a) Authority for or the recognition of a
				preexisting vested right to emit any regulated air pollutant;
(b) For an exemption from reasonably
				available control technology, best available control technology and lowest
				achievable emission rate requirements or any other air pollution control
				requirement pursuant to NAC 445B.001 to 445B.3689, inclusive, and sections 2 to
				23, inclusive, of this regulation, or under any federal, state or local law,
				rule or regulation;
(c) For dual
				accounting of emission reductions that have already been included in the
				emission reduction credit as part of the baseline emissions in the applicable
				state implementation plan;
(d) For
				emission reductions already required by law; or
(e) Authority for or the recognition of any
				right that would be contrary to applicable law.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3821 - Application

Current through June 11, 2024
1. An applicant for an emission reduction
				credit must submit an application to the Director on the form provided by the
				Director and pay the determination fee required by NAC 445B.327 when the
				applicant submits the application to the Director.
2. An application for an emission reduction
				credit is eligible for consideration if:
(a)
				All emission units that provide an emission reduction credit requested in the
				application are compliant with all permit conditions for all timeframes
				associated with the emission reductions;
(b) All permits for emission units that
				provide the emission reduction for an emission reduction credit requested in
				the application are surrendered, modified or revised to contain practicably
				enforceable conditions to ensure that the emission reductions that are the
				basis of the emission reduction credit are permanent emission reductions;
				and
(c) All the emission reductions
				are based on a full or partial shutdown, the application of innovative or
				improved control technologies or process improvements.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3841 - Duties of Director in making determination to issue or deny; recording of issuance; appeal of denial

Current through June 11,
				2024
1. Within 60 days
				after the date of receipt of an application for an emission reduction credit,
				the Director shall determine if the application is complete. If substantial
				additional information is required, the Director shall determine that the
				application is incomplete and return the application to the applicant. Unless
				the Director, within 60 days after the date of receipt of the application,
				determines that the application is incomplete, the official date of submittal
				of the application shall be deemed to be the date on which the Director
				determines that the application is complete or the 61st day after the date of
				receipt, whichever is earlier.
2.
				Within 120 days after an application is deemed complete, the Director shall
				make a determination to issue or deny the emission reduction credit based on
				the criteria described in section 16 of this regulation. If, after the official
				date of submittal, the Director discovers that additional information is
				required to act on an application, the Director may request additional
				information necessary to determine whether the emission reduction credit
				proposed in the application will comply with all the requirements set forth in
				sections 13 to 23, inclusive, of this regulation. The applicant must provide in
				writing any additional information that the Director requests within the time
				specified in the request of the Director. Any delay in the submittal of the
				requested information will result in a corresponding delay in the action of the
				Director on the application.
3. If
				the Director issues an emission reduction credit, the Director shall record the
				issuance in the registry. The Director shall discount each emission reduction
				credit, including any emission reduction credit approved before October 27,
				2015, by 10 percent before recording the emission reduction credit in the
				registry. The Director shall produce an emission reduction credit summary
				report and include the report as an attachment to the final determination on
				the issuance of the emission reduction credit.
4. If the Director denies an application in
				whole or in part or issues an emission reduction credit which differs from the
				emission reduction credit that was applied for, the applicant may, within 10
				days after receipt of the decision of the Director, appeal in writing to the
				Commission for a hearing to review the decision of the Director. An appeal
				pursuant to this subsection is governed by the provisions of NAC
				445B.890.
Added to
				  NAC by Environmental Comm'n by
				  R054-15,
				  eff. 10/27/2015
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.385 - Registry; banking

Current through June 11,
				2024
1. The Director
				shall establish and maintain a registry to record and track all emission
				reduction credit transactions. The registry must be accessible to the public
				and must contain the following information for all emission reduction credit
				transactions:
(a) The name of the owner of
				the emission reduction credit;
(b)
				The stationary source change or project that generated the emission reduction
				credit;
(c) The pollutant;
(d) The amount of emission
				reduction credits in tons per year; and
(e) The date on which the emission reduction
				credit was issued.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.386 - Retirement of or moratorium on issuance or use; notice

Current through
				June 11, 2024
1. The
				Director shall have the authority to retire an emission reduction credit that
				is banked or impose a temporary or permanent moratorium on the issuance or use
				of emission reduction credits:
(a) To prevent
				an exceedance of the national ambient air quality standards;
(b) To establish baseline emissions or future
				emission projections for a state implementation plan or maintenance plan;
(c) To ensure reasonable further
				progress of the state implementation plan; or
(d) To control air quality within an airshed
				or nonattainment area.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3871 - Transfer

Current through June 11, 2024
1. An emission reduction credit may be
				transferred in whole or in part.
2.
				A request for the transfer of an emission reduction credit shall be limited to
				two parties.
3. The emission
				reduction credit summary report signed by the Director is the sole proof of
				ownership of an emission reduction credit. The emission reduction credit
				summary report must be dated and each new emission reduction credit summary
				report supersedes all previous versions of the report. An emission reduction
				credit summary report must reflect the balance of all emission reduction credit
				transactions contained in the registry for the owner of the emission reduction
				credit.
4. Only the owner of an
				emission reduction credit, as indicated on the emission reduction credit
				summary report, may deposit, withdraw, redeem or transfer the emission
				reduction credit.
5. To request a
				transfer of an emission reduction credit to another party, the owner of the
				emission reduction credit must submit to the Director a transfer request on a
				form provided by the Director accompanied by the transfer request fee required
				by NAC 445B.327. The transfer request must:
(a) Be signed and dated by the owner of the
				emission reduction credit and the transferee;
(b) Contain the name, address, city, state,
				zip code and telephone number of the owner of the emission reduction credit;
(c) Contain the name, address,
				city, state, zip code and telephone number of the transferee;
(d) Specify the amount in tons per year of
				emission reduction credits being transferred for each air pollutant specified
				in subsection 2 of section 13 of this regulation;
(e) Identify the project associated with the
				origin of the emission reduction credit being transferred as specified in the
				final determination to issue the emission reduction credit; and
(f) If applicable, include the new or
				modified permit application where the emission reduction credit will be
				applied.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.388 - Reciprocity

Current through June 11, 2024
1. The Director may grant reciprocity for
				banking, transferring or redeeming an emission reduction credit that is issued
				by an entity other than the Director if the requirements used by the entity for
				issuing an emission reduction credit are equivalent to or more stringent than
				the applicable requirements of section 16 of this regulation.
2. For an emission reduction credit to be
				granted reciprocity pursuant to this section, the entity issuing the emission
				reduction credit must submit a reciprocity request on behalf of the owner of
				the emission reduction credit to the Director accompanied by the administrative
				and determination review fees for a reciprocity request required by NAC
				445B.327 and all documentation associated with the original emission reduction
				credit issued by the entity, including, but not limited to:
(a) The transfer request of the owner of the
				emission reduction credit, including the transferee's information;
(b) The complete application that originated
				the emission reduction credit;
(c)
				The technical support materials used by the entity for issuing the emission
				reduction credit;
(d) The final
				emission reduction credit determination;
(e) Any public notice relating to the
				issuance of the emission reduction credit;
(f) Any public comment relating to the
				issuance of the emission reduction credit;
(g) Any appeal documents relating to the
				issuance of the emission reduction credit;
(h) The operating permit as it was before the
				issuance of the emission reduction credit; and
(i) The operating permit, as revised, which
				resulted in the generation of the emission reduction credit or evidence of the
				termination of the operating permit.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.3891 - Redemption

Current through June 11, 2024
1. An owner of an emission reduction credit
				must submit a request to the Director on a form provided by the Director
				accompanied by the redemption request fee required by NAC 445B.327 to redeem
				the emission reduction credit for use at a specific stationary source. The
				redemption request must:
(a) Be signed and
				dated by the owner of the emission reduction credit;
(b) Contain the name, address, city, state,
				zip code and telephone number of the owner of the emission reduction
				credit;
(c) Contain the name,
				authority to construct or operating permit number, physical address, city,
				state, zip code and telephone number of the stationary source for which the
				emission reduction credit is being redeemed;
(d) Specify the amount in tons per year of
				emission reduction credits being redeemed for each air pollutant specified in
				subsection 2 of section 13; and
(e) Identify the project associated with the
				origin of the emission reduction credit being redeemed.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Emission Reduction Credits › Section 445B.390 - Actual emissions

Current through June 11,
				2024
For the purposes of section 2, unless the Director allows for
				  the use of a different time period upon determining that the period is more
				  representative of the normal operation of a source, the average rate, in tons
				  per year, at which an emission unit actually emits a criteria pollutant during
				  the consecutive 24-month period immediately preceding a date and which is
				  representative of the normal operation of a source shall be deemed the actual
				  emissions of the emission unit on that date. For the purpose of this section
				  and section 2 of this regulation, actual emissions must be measured using the
				  actual emissions of the emission unit or calculated using the emission unit's
				  actual operating hours, production rates and types of materials processed,
				  stored or combusted during the selected time period, as appropriate.
Added to
				  NAC by Environmental Comm'n by
				  R054-15,
				  eff. 10/27/2015
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.400 - Scope

Current through June 11, 2024
The provisions of NAC 445B.400 to 445B.735, inclusive,
				  provide the standards for controlling engine emissions.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-28-88; A 11-10-92; A by Environmental
				  Comm'n, 7-5-94; A by Dep't of Motor Veh. & Pub. Safety, 8-19-94; R079-98,
				  9-25-98; A by Dep't of Motor Veh. by R003-04, 2-3-2005; R068-05, 6-1-2006, eff.
				  9-1-2006
NRS
					 445B.210,
					 445B.760,
					 445B.785,
					 445B.790
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.401 - Definitions

Current through June 11, 2024
As used in NAC 445B.400 to 445B.735, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445B.408 to
				  445B.4556, inclusive, have the meanings ascribed to them in those
				  sections.
Supplied in
				  codification; A by Environmental Comm'n & Dep't of Motor Veh., 10-1-83;
				  11-19-85, eff. 1-1-86; 11-23-87, eff. 1-1-88; A by Dep't of Motor Veh. &
				  Pub. Safety, 9-28-88; 11-10-92; 11-23-92; 7-1-94; A by Environmental Comm'n,
				  7-5-94; A by Dep't of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; A by
				  Environmental Comm'n by R205-97, 3-5-98; A by Dep't of Motor Veh. & Pub.
				  Safety by R079-98, 9-25-98; A by Dep't of Motor Veh. by R178-01, 8-21-2002;
				  R065-12, 11-1-2012; A by Environmental Comm'n by R052-12,
				  4-5-2013
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.408 - "Carbon monoxide" defined

Current through June 11,
				2024
"Carbon monoxide" (CO) means a colorless, odorless, highly
				  toxic gas that is a normal by-product of incomplete fossil fuel
				  combustion.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.4, eff. 1-10-78-Substituted in revision
				  for NAC 445.855
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.409 - "Certificate of compliance" defined

Current through June 11,
				2024
"Certificate of compliance" means a certificate printed by an
				  emissions analyzer and issued by an approved inspector in a test
				  station.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.5, eff. 1-10-78-NAC A by Dep't of Motor
				  Veh. & Pub. Safety, 9-28-88; 9-13-95
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4092 - "Certified on-board diagnostic system" defined

Current through
				June 11, 2024
"Certified on-board diagnostic system" means a computer
				  system which is contained within the vehicle and which is certified by the
				  United States Environmental Protection Agency to be fully capable of monitoring
				  all the sensors and actuators in the drivetrain of the vehicle to determine
				  whether the sensors and actuators are working as intended.
Added to NAC by Dep't
				  of Motor Veh. by R178-01, eff. 8-21-2002
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4096 - "Class 1 approved inspector" defined

Current through June 11,
				2024
"Class 1 approved inspector" means an approved inspector who
				  is licensed by the Department only to test exhaust emissions.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-13-95
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4097 - "Class 1 fleet station" defined

Current through June 11,
				2024
"Class 1 fleet station" means a fleet station which is
				  licensed by the Department only to test exhaust emissions.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-13-95
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4098 - "Class 2 approved inspector" defined

Current through June 11,
				2024
"Class 2 approved inspector" means an approved inspector who
				  is licensed by the Department to test exhaust emissions and to diagnose, repair
				  and service devices for the control of exhaust emissions.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-13-95
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4099 - "Class 2 fleet station" defined

Current through June 11,
				2024
"Class 2 fleet station" means a fleet station which is
				  licensed by the Department to test exhaust emissions and to diagnose, repair
				  and service devices for the control of exhaust emissions.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-13-95
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.410 - "CO[2]" defined

Current through June 11,
				2024
2
"CO2" means carbon dioxide.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-28-88-Substituted in revision for NAC
				  445.8565
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.411 - "Commission" defined

Current through June 11,
				2024
"Commission" means the State Environmental Commission.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.6, eff. 1-10-78-Substituted in revision
				  for NAC 445.857
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.413 - "Department" defined

Current through June 11,
				2024
"Department" means the Department of Motor Vehicles.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.8, eff. 1-10-78-NAC A 11-19-85, eff.
				  1-1-86-Substituted in revision for NAC 445.859
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.416 - "Emission" defined

Current through June 11,
				2024
"Emission" means the act of passing into the atmosphere an
				  air contaminant or a gas stream which contains or may contain an air
				  contaminant or the material passed to the atmosphere.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.10, eff. 1-10-78-Substituted in
				  revision for NAC 445.861
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.418 - "EPA" defined

Current through June 11,
				2024
"EPA" means Environmental Protection Agency.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-28-88-Substituted in revision for NAC
				  445.8615
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.419 - "Established place of business" defined

Current through June 11,
				2024
"Established place of business" means a permanent
				  structure:
1. Owned either in fee or
				leased with sufficient space to test, inspect or adjust, if needed, one or more
				motor vehicles for which evidence of compliance may be issued; and
2. Large enough to accommodate the office or
				offices of a test station to provide a safe place to keep the books, evidence
				of compliance and all other records of the station.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.11, eff. 1-10-78-NAC A by Dep't of
				  Motor Veh. & Pub. Safety, 9-13-95; R079-98,
				  9-25-98
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.420 - "Evidence of compliance" defined

Current through June 11,
				2024
"Evidence of compliance" has the meaning ascribed to it in
				  NRS
				  445B.730, and includes, without limitation, a
				  certificate of compliance and a vehicle inspection report.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.12, eff. 1-10-78-NAC A 10-1-83; A by
				  Dep't of Motor Veh. & Pub. Safety by R079-98,
				  9-25-98
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.421 - "Exhaust emissions" defined

Current through June 11,
				2024
"Exhaust emissions" means air contaminants emitted into the
				  atmosphere from any opening downstream from the exhaust ports of a motor
				  vehicle engine.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.13, eff. 1-10-78-Substituted in
				  revision for NAC 445.864
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.422 - "Exhaust gas analyzer" defined

Current through June 11,
				2024
"Exhaust gas analyzer" means a device for sensing the amount
				  of air contaminants in the exhaust emissions of a motor vehicle.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.14, eff. 1-10-78-Substituted in
				  revision for NAC 445.865
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.4247 - "Gross vehicle weight rating" defined

Current through June
				11, 2024
"Gross vehicle weight rating" means the maximum weight at
				  which a motor vehicle can be operated safely, as specified in pounds by the
				  manufacturer on the certification label of the motor vehicle, as described in
				  49 C.F.R. Part 567.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 8-19-94
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.426 - "Heavy-duty motor vehicle" defined

Current through June 11,
				2024
"Heavy-duty motor vehicle" means:
1. A truck which has a gross vehicle weight
				rating of 8,500 pounds or more;
2.
				A motor vehicle which is designed for the transportation of persons and has a
				capacity of more than 15 persons; or
3. A motor home, mini motor home or a camper
				mounted on a chassis.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.18, eff. 1-10-78; A 12-20-79-NAC A
				  10-1-83; 11-19-85, eff. 1-1-86; A by Dep't of Motor Veh. & Pub. Safety by
				  R079-98, 9-25-98
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.427 - "Hydrocarbon" defined

Current through June 11,
				2024
"Hydrocarbon" (HC) means any compound containing hydrogen and
				  carbon as hexane.
Added to NAC by
				  Environmental Comm'n & Dep't of Motor Veh. & Pub. Safety, 11-23-87,
				  eff. 1-1-88; A by Dep't of Motor Veh. & Pub. Safety, 9-28-88-Substituted in
				  revision for NAC 445.8695
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.428 - "Hz" defined

Current through June 11,
				2024
"Hz" means hertz, a unit of frequency equal to one cycle per
				  second.
Added to NAC by Dep't
				  of Motor Veh. & Pub. Safety, eff. 9-28-88-Substituted in revision for NAC
				  445.8697
NRS
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.432 - "Light-duty motor vehicle" defined

Current through June 11,
				2024
"Light-duty motor vehicle" means:
1. A truck which has a gross vehicle weight
				rating of less than 8,500 pounds;
2. A motor vehicle which is subject to the
				laws of this State requiring registration, is capable of transporting persons
				and has a capacity of 15 persons or less;
3. A van conversion; or
4. Any other motor vehicle which is powered
				by gasoline, except a heavy-duty motor vehicle.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.21, eff. 1-10-78; A 12-20-79-NAC A
				  10-1-83; 11-19-85, eff. 1-1-86; A by Dep't of Motor Veh. & Pub. Safety by
				  R079-98, 9-25-98
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.433 - "Mini motor home" defined

Current through June 11,
				2024
"Mini motor home" has the meaning ascribed to it in
				  NRS
				  482.066.
Added to NAC by
				  Environmental Comm'n & Dep't of Motor Veh., eff. 10-1-83-Substituted in
				  revision for NAC 445.8725
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.434 - "Motor home" defined

Current through June 11,
				2024
"Motor home" has the meaning ascribed to it in
				  NRS
				  482.071.
Added to NAC by
				  Environmental Comm'n & Dep't of Motor Veh., eff. 10-1-83-Substituted in
				  revision for NAC 445.8735
NRS
					 445B.210,
					 445B.785
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › General Provisions › Section 445B.440 - "New motor vehicle" defined

Current through June 11,
				2024
"New motor vehicle" means a motor vehicle that has never been
				  registered with the Department and has never been registered with the
				  appropriate agency or authority of any other state, the District of Columbia,
				  any territory or possession of the United States, or foreign state, province or
				  country.
Environmental Comm'n
				  & Dep't of Motor Veh. Reg. § 1.25, eff. 1-10-78-Substituted in
				  revision for NAC 445.875
NRS
					 445B.210,
					 445B.785