reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445A - Water Controls › DISCIPLINARY ACTION › Section 445A.999 - Effective date of suspension or revocation of certificate; duties of holder of certificate; continuation of activities until suspension or revocation effective

Current through June 11, 2024
If a final order issued by the Administrator or the Commission
				temporarily suspends or permanently revokes a certificate:
1. The final order must not become effective
			 and the certificate must not be suspended or revoked until 30 days after the
			 date of issuance of the final order.
2. Within 5 business days after the date on
			 which the final order is issued, the holder of the certificate shall notify his
			 or her place of employment as a holder of the certificate of the revocation or
			 suspension of the certificate and the date on which the revocation or
			 suspension becomes effective.
3.
			 Until the date on which the revocation or suspension of the certificate is
			 effective, the holder of the certificate may continue to engage in any lawful
			 activity otherwise authorized or permitted pursuant to this chapter or chapter
			 445A of NRS.
Added
				to NAC by Environmental Comm'n by
				R126-19A,
				eff. 12/29/2020
NRS
				445A.425,
				445A.860,
				445A.880
Nevada Administrative Code › Chapter 445B - Air Controls › Section 445B.Sec. 1 - NEW

Current
		  through June 11, 2024
The Director shall:
1.
		  Each time any state standard of quality for ambient air established pursuant to
		  NAC 445B.22097 is exceeded, notify
		  the public of the times and places in which the state standard of quality for
		  ambient air was exceeded during any portion of the immediately preceding
		  calendar year;
2. Advise the public
		  of the potential health hazards associated with the exceedance of the state
		  standard of quality for ambient air established pursuant to NAC
		  445B.22097; and
3. Advise the public of:
(a) Actions that members of the public may
		  take to prevent the exceedance of state standards of quality for ambient air
		  established pursuant to NAC
		  445B.22097 or to improve air
		  quality; and
(b) The manner in which
		  members of the public may participate in the regulatory process of the
		  Commission.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.001 - Definitions

Current through June 11, 2024
As used in NAC 445B.001 to 445B.3689, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445B.002 to
				  445B.211, inclusive, have the meanings ascribed to them in those
				  sections.
Supplied in
				  codification; A by Environmental Comm'n, 12-5-84; 10-15-85; 8-22-86; 9-25-87;
				  10-22-87; 12-15-88; 12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93;
				  3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01,
				  10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005;
				  R189-05, 5-4-2006; R162-06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007;
				  R142-07, 4-17-2008; R190-08, 4-23-2009; R004-09, 1-28-2010; R040-10, 7-22-2010;
				  R038-12, 9-14-2012
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.002 - "Act" defined

Current through June 11,
				2024
"Act" means the Clean Air Act,
				  42 U.S.C.
				  §§
										7401 et seq., as amended.
Environmental Comm'n,
				  Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79-Substituted in revision
				  for NAC 445.432
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0025 - "Actual emissions" defined

Current through June 11,
				2024
"Actual emissions" means the actual rate of emissions of a
				  criteria pollutant from an emission unit.
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 › Definitions › Section 445B.003 - "Adjacent properties" defined

Current through June 11,
				2024
"Adjacent properties" means parcels of land that lie near
				  each other or in close proximity.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93-Substituted in revision for NAC
				  445.4325
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0035 - "Administrative revision to a Class I operating permit" defined

Current through June 11, 2024
"Administrative revision to a Class I operating permit" means
				  a revision of an existing Class I operating permit that incorporates the
				  relevant conditions of an operating permit to construct.
Added to NAC by
				  Environmental Comm'n by R125-04, eff. 9-24-2004
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.004 - "Administrator" defined

Current through June 11,
				2024
"Administrator" means the Administrator of the United States
				  Environmental Protection Agency or the Administrator's representative or
				  delegate.
Environmental Comm'n,
				  Air Quality Reg. § 1.2.5, eff. 10-16-80-NAC A 10-14-82-Substituted in
				  revision for NAC 445.433
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.005 - "Affected facility" defined

Current through June 11,
				2024
"Affected facility" means, with reference to a stationary or
				  temporary source, any apparatus to which a standard is applicable.
Environmental Comm'n,
				  Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79-NAC A 10-22-87;
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.006 - "Affected source" defined

Current through June 11,
				2024
"Affected source" means a stationary source subject to the
				  requirements relating to acid rain set forth in
				  42 U.S.C. §§
										7651 to
				  7651 o,
				  inclusive.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01,
				  10-25-2001
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.007 - "Affected state" defined

Current through June 11,
				2024
"Affected state" means a state that is within 50 miles of a
				  Class I source located in this State, or a state that is contiguous to this
				  State whose air quality may be affected by emissions from a Class I source
				  located in this State.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94-Substituted in revision for NAC
				  445.4346
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.009 - "Air-conditioning equipment" defined

Current through June 11,
				2024
"Air-conditioning equipment" means equipment utilized to heat
				  or cool the interior of a building or structure.
Environmental Comm'n,
				  Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A
				  8-28-79-Substituted in revision for NAC 445.435
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.011 - "Air pollution" defined

Current through June 11,
				2024
"Air pollution" has the meaning ascribed to it in
				  NRS
				  445B.115.
Environmental Comm'n,
				  Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as §
				  1.6, 12-4-76; A 8-28-79-NAC A by R105-97, 3-5-98
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.013 - "Allowable emissions" defined

Current through June 11,
				2024
"Allowable emissions" means the emissions from a stationary
				  source at its designed maximum capacity or at its actual maximum capacity,
				  whichever is greater, except as reduced by any federally enforceable
				  limitations on its emissions which are established:
1. By Nevada laws or regulations;
2. By any applicable requirement;
				or
3. By conditions of the
				stationary source's operating permit, imposed on the emission rate, the type or
				amount of materials combusted or processed, the operating rates, the hours of
				operation, or any other factor limiting production or emission, whichever is
				most stringent.
Environmental Comm'n,
				  Air Quality Reg. § 1.6.5, eff. 10-16-80-NAC A 10-22-87; 12-13-93;
				  10-30-95; R096-05, 10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.014 - "Alteration" defined

Current through June 11,
				2024
"Alteration" means any addition to, or enlargement,
				  replacement, modification or change of the design, capacity, process,
				  arrangement, operating hours or control apparatus that will affect the kind or
				  amount of regulated air pollutants emitted.
Added to NAC by
				  Environmental Comm'n, eff. 12-8-89; A 10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.015 - "Alternative method" defined

Current through June 11,
				2024
"Alternative method" means any method of sampling and
				  analyzing for a regulated air pollutant which is not a reference or equivalent
				  method, but which has been demonstrated to the satisfaction of the Director
				  that, in specific cases, it produces results adequate to determine
				  compliance.
Environmental Comm'n,
				  Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79-NAC A
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.016 - "Alternative operating scenarios" defined

Current through June 11,
				2024
"Alternative operating scenarios" means two or more modes or
				  types of operation specifically identified by a stationary source in its
				  application and approved by the Director as a condition or as conditions of the
				  source's operating permit.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94; A
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.018 - "Ambient air" defined

Current through June 11,
				2024
"Ambient air" means that portion of the atmosphere which is
				  external to buildings, structures, facilities or installations to which the
				  public has access.
Environmental Comm'n,
				  Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A
				  8-28-79-NAC A 10-22-87-Substituted in revision for NAC
				  445.441
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.019 - "Applicable requirement" defined

Current through June 11,
				2024
"Applicable requirement" means, as applied to a stationary
				  source:
1. Any standard or other
				relevant requirement:
(a) Provided in
				NRS
				445B.100 to
				445B.640,
				inclusive, and NAC
				445B.001 to
				445B.390, inclusive, except for
				the state standards for ambient air established in NAC
				445B.22097;
(b) Provided in the applicable implementation
				plan approved or adopted by the EPA pursuant to
				42 U.S.C.
				§§
											7401 to
				7515,
				inclusive;
(c) For a hazardous air
				pollutant adopted pursuant to
				42 U.S.C. §
											7412, including any requirement regarding the
				prevention of accidental releases;
(d) For a program to control acid rain
				adopted pursuant to
				42 U.S.C. §§
											7651 to
				7651o,
				inclusive;
(e) For enhanced
				monitoring or for compliance certification adopted pursuant to
				42 U.S.C. §
											7413(a)(3) or
				7661c(b);
(f) For solid waste incineration units
				adopted pursuant to
				42 U.S.C. §
											7429;
(g) For consumer and commercial products or
				tank vessels adopted pursuant to
				42 U.S.C. §
											7511b; and
(h) For the protection of stratospheric ozone
				adopted pursuant to
				42
				U.S.C. §§
											7671 to
				7671q,
				inclusive, unless the Administrator determines that such provisions are not
				required in an operating permit;
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.021 - "Area source" defined (Repealed)

Current through June 11,
				2024
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94-Substituted in revision for NAC
				  445.4425; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.022 - "Atmosphere" defined

Current through June 11,
				2024
"Atmosphere" means all the air surrounding the earth and
				  external to buildings and structures.
Environmental Comm'n,
				  Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76;
				  A and renumbered as § 1.13, 8-28-79-Substituted in revision for NAC
				  445.444
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.027 - "Bank" and "banking" defined

Current through June 11,
				2024
"Bank" or "banking" means the procedure which allows the
				  Director to collect, identify, track, store and reserve emission reduction
				  credits for future air quality management use, including, without limitation,
				  the sale, transfer or demonstration of maintenance or progress towards
				  attainment, according to the requirements of sections 13 to 23, inclusive, of
				  this regulation.
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 › Definitions › Section 445B.028 - "Best available control technology" defined

Current through
				June 11, 2024
For a stationary source that is subject to the provisions of
				  40 C.F.R.
				  §
										52.21, "best available control
				  technology" has the meaning ascribed to it in
				  40 C.F.R.
				  §
										52.21, as incorporated by reference in
				  NAC 445B.221.
Environmental Comm'n,
				  Air Quality Reg. Art. 1 part § 1, eff. 8-28-79-NAC A 10-22-87; 9-19-90;
				  3-29-94, eff. 11-15-94; 10-30-95; 5-3-96
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.029 - "Best available retrofit technology" defined

Current through
				June 11, 2024
"Best available retrofit technology" means an emission
				  limitation based on the degree of reduction achievable through the application
				  of the best system of continuous emission reduction for each pollutant that is
				  emitted by an existing stationary facility as defined in
				  40
				  C.F.R. §
										51.301.
Added to NAC by
				  Environmental Comm'n by R190-08, eff. 4-23-2009
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.030 - "British thermal units" defined

Current through June 11,
				2024
"British thermal units (Btu)" means that quantity of heat
				  required to raise the temperature of one pound of water from 60 degrees
				  Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7
				  pounds per square inch (29.92 inches of mercury).
Environmental Comm'n,
				  Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21,
				  12-4-76-NAC A 10-22-87-Substituted in revision for NAC
				  445.457
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.034 - "Class I-A application" defined (Repealed)

Current through June
				11, 2024
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 1-11-96; A 10-30-95, eff.
				  1-11-96-Substituted in revision for NAC 445.4615; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.035 - "Class I-B application" defined

Current through June 11,
				2024
"Class I application" means an application for a Class I
				  operating permit that is required for any new stationary source, existing
				  stationary source or significant modification to an existing stationary source
				  which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f,
				  inclusive.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.036 - "Class I source" defined

Current through June 11,
				2024
"Class I source" means any stationary source:
1. Which is subject to the requirements of
				42
				U.S.C. §§
										7661 to
				7661 f,
				inclusive;
2. For which the owner
				or operator has proposed the construction of a major modification; or
3. Which is a major stationary
				source.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96;
				  R125-04, 9-24-2004
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.037 - "Class II source" defined

Current through June 11,
				2024
"Class II source" means any stationary source which :
1. Is not subject to the requirements of
				42
				U.S.C. §§
										7661 to
				7661 f, inclusive,
				but which is otherwise subject to the requirements of NAC
				445B.001 to 445B.390, inclusive;
2. Is not a Class I source;
				and
3. Has a potential to emit
				equal to or greater than the following levels for any listed pollutant:
Pollutant Potential to Em
it in tons per year
PM2.5
								................................................................................................................
... 5
PM10
								................................................................................................................
... 5
Carbon monoxide
								...........................................................................................
. 50
VOC
								.................................................................................................................
. 20
NOx
								..................................................................................................................
... 5
SO2
								..................................................................................................................
... 5
Lead
								.................................................................................................................
0.3
H2S
								..................................................................................................................
... 1
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96;
				  R040-01, 10-25-2001; R040-10, 7-22-2010; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.038 - "Class III source" defined

Current through June 11,
				2024
"Class III source" means a stationary source which is subject
				  to the requirements set forth in NAC 445B.001 to 445B.3689, inclusive,
				  and:
1. Which emits or has the
				potential to emit, individually or in combination, a total of not more than 5
				tons per year of PM10, NOx,
				SO2, VOC and H2S;
2. Which emits less than 1,000 pounds of lead
				per year;
3. Which is not subject
				to the requirements of
				42
				U.S.C. §§
										7661 to
				7661 f,
				inclusive;
4. Which does not exceed
				750 horsepower and is not subject to the requirements of 40 C.F.R. Part 60
				except for:
(a) A stationary compression
				ignition internal combustion engine subject to Subpart IIII; or
(b) A stationary spark ignition internal
				combustion engine subject to Subpart JJJJ;
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0385 - "Class IV source" defined

Current through June 11,
				2024
1. "Class IV
				source" means a stationary source which:
(a)
				Except as otherwise provided in subsection 2, is subject to the requirements
				set forth in NAC 445B.001 to 445B.3689, inclusive.
(b) Is not located at or a part of another
				stationary source.
(c) Is not
				subject to the requirements of 40 C.F.R. Part 60.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.042 - "Combustible refuse" defined

Current through June 11,
				2024
"Combustible refuse" means any waste material which can be
				  consumed by combustion.
Environmental Comm'n,
				  Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35,
				  12-4-76-Substituted in revision for NAC 445.472
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0423 - "Commence" defined

Current through June 11,
				2024
"Commence," as used in reference to construction or
				  modification of a stationary source, means that the owner or operator
				  has:
1. Obtained all necessary
				preconstruction approvals or permits, including those required by federal air
				quality control laws and regulations, NAC 445B.001 to 445B.3689, inclusive, and
				air quality laws and regulations which are part of the applicable state
				implementation plan; and
2. Taken
				affirmative steps toward construction or modification, in one of the following
				ways:
(a) Has begun, or caused to begin, a
				continuous program of on-site construction of the source to be completed within
				a reasonable time, as demonstrated by the initiation of physical on-site
				construction activities on an emission unit which are of a permanent nature,
				which may include, without limitation, the installation of building supports
				and foundations, laying of underground pipework and the construction of
				permanent storage structures;
(b)
				Has entered into binding agreements or contractual obligations, which cannot be
				cancelled or modified without substantial loss to the owner or operator, to
				undertake a program of construction of the source, to be completed within a
				reasonable time; or
(c) For
				modification of a stationary source, has begun those on-site activities, other
				than preparatory activities, which mark the initiation of the
				modification.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0425 - "Commission" defined

Current through June 11,
				2024
"Commission" has the meaning ascribed to it in
				  NRS
				  445B.120.
Added to NAC by
				  Environmental Comm'n, eff. 10-30-95; A by R105-97,
				  3-5-98
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.043 - "Confidential information" defined

Current through June 11,
				2024
"Confidential information" has the meaning ascribed to it in
				  subsection 6 of
				  NRS
				  445B.570.
Environmental Comm'n,
				  Air Quality Reg. §§ 1.15-1.15.3, eff. 11-7-75; A and renumbered as
				  § 1.41, 12-4-76-NAC A 12-13-93, eff. 11-15-94-Substituted in revision for
				  NAC 445.477
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.044 - "Construction" defined

Current through June 11,
				2024
"Construction" means any physical change or change in the
				  method of operation of an emission unit, including, without limitation, the
				  fabrication, erection, installation or modification of an emission unit.
Environmental Comm'n,
				  Air Quality Reg. § 1.42, eff. 12-4-76-NAC A by R105-97, 3-5-98; R096-05,
				  10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.046 - "Contiguous property" defined

Current through June 11,
				2024
"Contiguous property" means any property under single or
				  joint ownership or operatorship which is in physical contact, touching, near or
				  adjoining. Public property or a public right-of-way shall not be deemed as a
				  break in any otherwise contiguous property.
Environmental Comm'n,
				  Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43,
				  12-4-76-Substituted in revision for NAC 445.479
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.047 - "Continuous monitoring system" defined

Current through June 11,
				2024
"Continuous monitoring system" means the equipment required
				  for monitoring emissions which is used to sample and, if applicable, condition,
				  to analyze, and to provide a permanent record of emissions or process
				  parameters.
Environmental Comm'n,
				  Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77-Substituted in revision
				  for NAC 445.480
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.049 - "Criteria pollutant" defined

Current through June 11,
				2024
"Criteria pollutant" means a regulated air pollutant for
				  which the Administrator has established a national ambient air quality
				  standard.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93; A 10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.051 - "Day" defined

Current through June 11,
				2024
"Day" means a 24-hour period which begins at midnight.
Environmental Comm'n,
				  Air Quality Reg. § 1.51, eff. 12-4-76-NAC A 10-22-87-Substituted in
				  revision for NAC 445.486
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.053 - "Director" defined

Current through June 11,
				2024
"Director" means the Director of the State Department of
				  Conservation and Natural Resources or the Director's designee or a person
				  designated by or pursuant to a county or city ordinance or regional agreement
				  or regulation to enforce local air pollution control ordinances and
				  regulations.
Environmental Comm'n,
				  Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76;
				  A 12-15-77-Substituted in revision for NAC
				  445.488
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.054 - "Dispersion technique" defined

Current through June 11,
				2024
1. "Dispersion
				technique" means any technique that attempts to affect the concentration of a
				pollutant in the ambient air by:
(a) Using
				that portion of a stack which exceeds good engineering practice stack
				height;
(b) Varying the rate of
				emission of a pollutant according to atmospheric conditions or ambient
				concentrations of that pollutant; or
(c) Increasing final exhaust gas plume rise
				by manipulating source process parameters, exhaust gas parameters or stack
				parameters, combining exhaust gases from several existing stacks into one stack
				or other selective handling of exhaust gas streams so as to increase the
				exhaust gas plume rise.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.055 - "Effective date of the program" defined

Current through June 11,
				2024
"Effective date of the program" means the date on which the
				  Administrator approves the program.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93-Substituted in revision for NAC
				  445.4915
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.056 - "Emergency" defined

Current through June 11,
				2024
"Emergency" means any situation arising from a sudden and
				  reasonably unforeseeable event beyond the control of the owner or operator,
				  including an act of God, that requires immediate corrective action to restore
				  normal operation, and that causes the source to exceed an emission limitation
				  contained in the operating permit which is based on a specific type of
				  technology. The term does not include the failure to comply with emission
				  limitations because of the improper design of the source, the lack of
				  preventative maintenance, the careless or improper operation of the source, or
				  any error by the operator.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94-Substituted in revision for NAC
				  445.4955
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.058 - "Emission" defined

Current through June 11,
				2024
1. "Emission" means
				the act of passing into the atmosphere a regulated air pollutant or a gas
				stream which contains, or may contain, a regulated air pollutant.
2. The term includes the material passed to
				the atmosphere.
Environmental Comm'n,
				  Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65,
				  12-4-76-NAC A by R105-97, 3-5-98
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0583 - "Emission reduction credit" defined

Current through June 11,
				2024
"Emission reduction credit" means a unit of emission
				  reduction measured in tons per year that has been applied for and approved by
				  the Director in accordance with the provisions of sections 13 to 23, inclusive,
				  of this regulation and which can be used to satisfy federal offset
				  requirements.
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 › Definitions › Section 445B.0586 - "Emission reduction credit summary report" defined

Current
				through June 11, 2024
"Emission reduction credit summary report" means a report
				  showing the emission reduction credit balance in the registry following the
				  Director's action pursuant to section 17, 19, 20 or 21 of this
				  regulation.
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 › Definitions › Section 445B.059 - "Emission unit" defined

Current through June 11,
				2024
"Emission unit" means a part of a stationary source which
				  emits or has the potential to emit any regulated air pollutant.
Environmental Comm'n,
				  Air Quality Reg. § 1.57.5, eff. 10-16-80-NAC A 10-22-87; 3-29-94, eff.
				  11-15-94; 10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.060 - "Enforceable" defined

Current through June 11,
				2024
"Enforceable" means enforceable under federal, state or local
				  law.
Added to NAC by
				  Environmental Comm'n, eff. 10-14-82-Substituted in revision for NAC
				  445.5005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.061 - "EPA" defined

Current through June 11,
				2024
"EPA" means the United States Environmental Protection
				  Agency.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93-Substituted in revision for NAC
				  445.5008
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.062 - "Equivalent method" defined

Current through June 11,
				2024
"Equivalent method" means any method of sampling and
				  analyzing for a regulated air pollutant which has been demonstrated to the
				  Director's satisfaction to have a consistent and quantitatively known
				  relationship to the reference method under specified conditions.
Environmental Comm'n,
				  Air Quality Reg. § 1.67, eff. 12-4-76-NAC A
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.063 - "Excess emissions" defined

Current through June 11,
				2024
"Excess emissions" means any emission which exceeds any
				  applicable emission limitation prescribed by NAC 445B.001 to 445B.3689,
				  inclusive, or that is contained in an operating permit. The averaging time and
				  test procedures for determining excess emissions must be as specified in the
				  relevant condition or conditions of the operating permit, except that this does
				  not preclude the use, including the exclusive use, of any credible evidence or
				  information relevant to the determination of whether a source would have been
				  in compliance with the applicable requirements if the appropriate performance
				  or compliance test or procedure had been performed to determine excess
				  emissions.
Environmental Comm'n,
				  Air Quality Reg. Art. 1 § 1, eff. 8-29-79-NAC A 10-22-87; 12-13-93;
				  R096-05, 10-31-2005; R040-10, 7-22-2010
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.064 - "Excessive concentration" defined

Current through June 11,
				2024
"Excessive concentration" means, for the purpose of
				  determining good engineering practice stack height:
1. For sources seeking credit for stack
				height exceeding that established under paragraph (b) of subsection 1 of NAC
				445B.083, a maximum ground-level concentration due to emissions from a stack
				due in whole or part to downwash, wakes and eddy effects produced by nearby
				structures or nearby terrain features which individually is at least 40 percent
				in excess of the maximum concentration experienced in the absence of such
				downwash, wakes or eddy effects and which contributes to a total concentration
				due to emissions from all sources that is greater than an ambient air quality
				standard. For sources subject to
				40 C.F.R.
				§
										52.21, an excessive concentration
				alternatively means a maximum ground-level concentration due to emissions from
				a stack due in whole or part to downwash, wakes or eddy effects produced by
				nearby structures or nearby terrain features which individually is at least 40
				percent in excess of the maximum concentration experienced in the absence of
				such downwash, wakes or eddy effects and greater than a prevention of
				significant deterioration increment. The allowable emission rate to be used in
				making demonstrations pursuant to NAC 445B.001 to 445B.3689, inclusive, must be
				prescribed by the new source performance standard that is applicable to the
				source category unless the owner or operator demonstrates that this emission
				rate is infeasible. Where such demonstrations are approved by the Director, an
				alternative emission rate must be established in consultation with the source
				owner or operator.
2. For sources
				seeking credit after October 11, 1983, for increases in existing stack heights
				up to the heights established under paragraph (b) of subsection 1 of NAC
				445B.083, either:
(a) A maximum ground-level
				concentration due in whole or part to downwash, wakes or eddy effects as
				provided in subsection 1, except that the emission rate specified by any
				applicable state limit or, in the absence of such a limit, the actual emission
				rate, must be used; or
(b) The
				actual presence of a local nuisance caused by the existing stack, as determined
				by the Director.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.065 - "Existing facility" defined

Current through June 11,
				2024
"Existing facility" with reference to a stationary source
				  means any apparatus of the type for which a standard is adopted in NAC 445B.001
				  to 445B.3689, inclusive, the construction or modification of which was
				  commenced before the date on which the standard was proposed or any apparatus
				  which could be altered in such a way as to be of that type.
Environmental Comm'n,
				  Air Quality Reg. § 1.72, eff. 12-4-76-NAC A 10-22-87; 10-30-95; R151-06,
				  9-18-2006
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.066 - "Existing stationary source" defined

Current through June 11,
				2024
"Existing stationary source" means:
1. For stationary sources subject to
				42 U.S.C. §
										7412, any stationary source other than a new
				stationary source.
2. For all other
				stationary sources, a stationary source which was constructed, or for which the
				owner or operator submitted a complete application for an operating permit,
				before the effective date of the program.
Environmental Comm'n,
				  Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73,
				  12-4-76-NAC A 12-13-93; 10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.068 - "Facility" defined

Current through June 11,
				2024
"Facility" includes any groups of activities which emit
				  regulated air pollutants, are located on one or more contiguous properties, and
				  are owned, operated or controlled by the same person.
Environmental Comm'n,
				  Air Quality Reg. § 1.64, eff. 5-7-80-NAC A
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.069 - "Federally enforceable" defined

Current through June 11,
				2024
"Federally enforceable" means all limitations and conditions
				  which are enforceable by the Administrator pursuant to any provision of the
				  Act,
				  40 C.F.R.
				  §§
										52.21, any requirements
				  developed pursuant to the applicable state implementation plan and
				  40 C.F.R. §§
										51.160 to
				  51.166,
				  inclusive, 40 C.F.R. Parts 60, 61 and 63, or 40 C.F.R. Part 70, or by other
				  persons pursuant to
				  42
				  U.S.C. §
										7604.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94;
				  R142-07, 4-17-2008-Substituted in revision for NAC
				  445.5095
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.070 - "Federally enforceable emissions cap" defined

Current through
				June 11, 2024
"Federally enforceable emissions cap" means a condition of an
				  operating permit containing an emission limitation that the holder of the
				  operating permit requested and the Director approved and which is independent
				  of any applicable requirement or requirements.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94-Substituted in revision for NAC
				  445.5105
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.072 - "Fuel" defined

Current through June 11,
				2024
"Fuel" means any form of combustible matter, solid, liquid,
				  vapor or gas which is used to generate energy.
Environmental Comm'n,
				  Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82,
				  12-4-76-NAC A 10-22-87-Substituted in revision for NAC
				  445.516
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.073 - "Fuel-burning equipment" defined

Current through June 11,
				2024
"Fuel-burning equipment" means:
1. Indirect heat transfer fuel-burning
				equipment which is any device used for the combustion of fuel in which heat is
				transferred from the products of combustion indirectly for the production of
				useful heat or power.
2. Direct
				heat transfer fuel-burning equipment which is any device used for the
				combustion of fuel in which heat is transferred from the products of combustion
				directly for the production of useful heat or power.
Environmental Comm'n,
				  Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as §
				  1.85, 12-4-76-NAC A 9-19-90-Substituted in revision for NAC
				  445.517
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.075 - "Fugitive dust" defined

Current through June 11,
				2024
"Fugitive dust" means emissions of solid, airborne
				  particulate matter which could not reasonably pass through a stack, chimney,
				  vent or a functionally equivalent opening.
Environmental Comm'n,
				  Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76;
				  A and renumbered as § 1.75, 10-16-80-NAC A 3-29-94, eff.
				  11-15-94-Substituted in revision for NAC 445.520
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.077 - "Fugitive emissions" defined

Current through June 11,
				2024
"Fugitive emissions" means emissions of any regulated air
				  pollutants, including fugitive dust, which could not reasonably pass through a
				  stack, chimney, vent or a functionally equivalent opening.
Environmental Comm'n,
				  Air Quality Reg. § 1.75.5, eff. 10-16-80-NAC A 3-29-94, eff. 11-15-94;
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.080 - "Garbage" defined

Current through June 11,
				2024
"Garbage" means putrescible animal or vegetable
				  refuse.
Environmental Comm'n,
				  Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89,
				  12-4-76-Substituted in revision for NAC 445.525
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.082 - "General permit" defined

Current through June 11,
				2024
"General permit" means an operating permit issued by the
				  Director to cover certain operations or activities that are substantially
				  similar in nature and are performed by numerous similar stationary
				  sources.
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94; A 10-30-95; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.083 - "Good engineering practice stack height" defined

Current
				through June 11, 2024
1.
				"Good engineering practice stack height" means the stack height that is the
				greater of:
(a) Two hundred thirteen feet,
				measured from the ground-level elevation at the base of the stack;
(b) A height determined as follows:
(1) For stacks that commenced construction on
				or before January 12, 1979, and for which the owner or operator had obtained
				all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and
				52 and NAC 445B.001 to 445B.3689, inclusive, the height determined by use of
				the equation Hg = 2.5H, so long as the owner or operator
				produces evidence that this equation was actually relied on in establishing an
				emission limitation; and
(2) For
				all other stacks, the height determined by use of the equation
				Hg = H + 1.5L,
except that the Director may require the use of a field
				  study or fluid model to verify good engineering practice stack height for the
				  source; or
(c)
				The height demonstrated by a fluid model or a field study approved by the
				Director, which ensures that the emissions from a stack do not result in
				excessive concentrations of any air pollutant as a result of atmospheric
				downwash, wakes or eddy effects created by the source itself, nearby structures
				or nearby terrain features.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.084 - "Hazardous air pollutant" defined

Current through June 11,
				2024
"Hazardous air pollutant" has the meaning ascribed to it in
				  NRS
				  445B.140.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93-Substituted in revision for NAC
				  445.5305
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.086 - "Incinerator" defined

Current through June 11,
				2024
"Incinerator" means an engineered apparatus capable of
				  withstanding heat and designed to efficiently reduce solid, semisolid, liquid
				  or gaseous waste at specified rates and from which the residues contain little
				  or no combustible material.
Environmental Comm'n,
				  Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98,
				  12-4-76-Substituted in revision for NAC 445.533
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.087 - "Increment" defined

Current through June 11,
				2024
"Increment" has the meaning ascribed to it in
				  40 C.F.R.
				  §
										52.21, as adopted in NAC
				  445B.221.
Added to NAC by
				  Environmental Comm'n, eff. 12-13-93-Substituted in revision for NAC
				  445.5335
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.091 - "Local air pollution control agency" defined

Current through June
				11, 2024
"Local air pollution control agency" means any city, county
				  or district air pollution control agency approved by the Commission.
Environmental Comm'n,
				  Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103,
				  12-4-76; A and renumbered as § 1.99, 8-28-79-Substituted in revision for
				  NAC 445.537
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.0915 - "Lowest achievable emission rate" defined

Current through
				June 11, 2024
"Lowest achievable emission rate" has the meaning ascribed to
				  it in
				  40 C.F.R. §
										51.165, as adopted by reference in NAC
				  445B.221.
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 › Definitions › Section 445B.093 - "Major modification" defined

Current through June 11,
				2024
"Major modification" has the meaning ascribed to it in
				  40 C.F.R.
				  §
										52.21.
Added to NAC by
				  Environmental Comm'n by R125-04, eff. 9-24-2004
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Definitions › Section 445B.094 - "Major source" defined

Current through June 11,
				2024
1. Except as
				otherwise provided in subsection 3, "major source" means any stationary source
				that:
(a) Is located on one or more contiguous
				or adjacent properties;
(b) Is
				under the common control of the same person or persons;
(c) Belongs to a single major industrial
				grouping as described in the
Standard Industrial Classification
				Manual
, as incorporated by reference in NAC 445B.221; and
(d) Meets one of the following conditions:
(1) Is located in a nonattainment area and is
				required to obtain an operating permit pursuant to
				42
				U.S.C. §§
												7501 to
				7515,
				inclusive;
(2) Directly emits or
				has the potential to emit:
(I) One hundred
				tons per year or more of any regulated air pollutant, excluding particulate
				matter more than 10 microns in diameter; or
(II) Ten tons per year or more of a hazardous
				air pollutant or 25 tons per year or more of any combination of hazardous air
				pollutants or a lesser quantity as established by the Commission; or
(3) Is located in a particulate
				matter (PM10) "serious" nonattainment area and directly
				emits or has the potential to emit 70 tons per year or more of
				PM10.
The Director shall consider fugitive emissions in
				  determining whether a stationary source is major for any source category listed
				  in
				  40 C.F.R.
				  §
													52.21(b)(1)(iii), as
				  adopted by reference pursuant to NAC 445B.221, or whether a stationary source
				  of a hazardous air pollutant is a major source. To determine whether a
				  stationary source is a major source of hazardous air pollutants under
				  42 U.S.C. §
													7412, emissions from any oil or gas
				  exploration or production well, with its associated equipment, and emissions
				  from any pipeline compressor or pump station must not be aggregated with
				  emissions from other similar units, whether or not such units are in a
				  contiguous area or under common control.