reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.260 - Monitoring systems: Components contracted for before September 11, 1974

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, an owner or operator who, before September 11, 1974, entered into a binding
				contractual obligation to purchase specific continuous monitoring system
				components shall comply with the following requirements:
(a) Continuous monitoring systems for
				measuring opacity of emissions must be capable of measuring, with a confidence
				level of 95 percent, emission levels within ±20 percent of the mean
				value of the data obtained using the applicable reference method set forth in
				terms of the units of the emission standard. The calibration drift test and
				associated calculation procedures set forth in Performance Specification 1 in
				Appendix B of 40 C.F.R. Part 60 must be used for demonstrating compliance with
				this specification.
(b) Continuous
				monitoring systems for measurement of nitrogen oxides or sulfur dioxide must be
				capable of measuring, with a confidence level of 95 percent, emission levels
				within ±20 percent of the mean value of the data obtained using the
				applicable reference method set forth in terms of the units of the emission
				standard. The calibration drift test, the relative accuracy test and associated
				operating and calculation procedures set forth in Performance Specification 2
				in Appendix B of 40 C.F.R. Part 60 must be used for demonstrating compliance
				with this specification.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.261 - Monitoring systems: Adjustments

Current through June 11,
				2024
Owners or operators of all continuous monitoring systems
				  installed in accordance with the provisions of NAC 445B.256 to 445B.267,
				  inclusive, shall check the zero and span drift at least once daily in
				  accordance with the method prescribed by the manufacturer of the systems unless
				  the manufacturer recommends adjustments at shorter intervals, in which case the
				  recommendations must be followed. The zero and span must, as a minimum, be
				  adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of
				  the applicable performance specifications in Appendix B of 40 C.F.R. § 60
				  are exceeded.
Environmental Comm'n,
				  Air Quality Reg. part § 2.17.4, eff. 12-4-76; A 12-15-77-Substituted in
				  revision for NAC 445.688
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.262 - Monitoring systems: Measurement of opacity

Current through June
				11, 2024
1. For
				continuous monitoring systems measuring opacity of emissions, the optical
				surfaces exposed to the effluent gases must be cleaned before performing the
				zero or span drift adjustments, except that for systems using automatic zero
				adjustments, the optical surfaces must be cleaned when the cumulative automatic
				zero compensation exceeds 4 percent opacity. Unless otherwise approved by the
				Director, the following procedures, as applicable, must be followed:
(a) For extractive continuous monitoring
				systems measuring gases, minimum procedures must include introducing applicable
				zero and span gas mixtures into the measurement system as near the probe as is
				practical. Span and zero gases certified by their manufacturer to be traceable
				to National Institute of Standards and Technology reference gases must be used
				whenever these reference gases are available. The span and zero gas mixtures
				must be the same composition as specified in Appendix B of 40 C.F.R. Part 60.
				Every 6 months after the date of manufacture, span and zero gases must be
				reanalyzed by conducting triplicate analyses with Reference Methods 6 for
				SO2, 7 for NO, and 3 for O2 and
				CO2, respectively. The gases may be analyzed at less
				frequent intervals if longer shelf lives are guaranteed by the
				manufacturer.
(b) For nonextractive
				continuous monitoring systems measuring gases, minimum procedures include
				upscale checks using a certified calibration gas cell or test cell which is
				functionally equivalent to a known gas concentration. The zero check may be
				performed by computing the zero value from upscale measurements or by
				mechanically producing a zero condition.
(c) For continuous monitoring systems
				measuring opacity of emissions, minimum procedures include a method for
				producing a simulated zero opacity condition and an upscale (span) opacity
				condition using a certified neutral density filter or other related technique
				to produce a known obscuration of the light beam. These procedures must provide
				a system check of the analyzer internal optical surfaces and all electronic
				circuitry, including the lamp and photodetector assembly.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.263 - Monitoring systems: Frequency of operation

Current through June
				11, 2024
Except for system breakdowns, repairs, calibration checks,
				  and zero and span adjustments required by NAC 445B.261, all continuous
				  monitoring systems must be in continuous operation and meet minimum frequency
				  of operation requirements as follows:
1. All continuous monitoring systems referred
				to in NAC 445B.259 and 445B.260 for measuring opacity of emissions must
				complete a minimum of one cycle of operation (sampling, analyzing and data
				recording) for each successive 10-second period.
2. All continuous monitoring systems referred
				to in NAC 445B.259 for measuring oxides of nitrogen, sulfur dioxide, carbon
				dioxide or oxygen must complete a minimum of one cycle of operation (sampling,
				analyzing and data recording) for each successive 15-minute period.
3. All continuous monitoring systems referred
				to in NAC 445B.260, except opacity, must complete a minimum of one cycle of
				operation (sampling, analyzing and data recording) for each successive 1-hour
				period.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.17.5-2.17.5.3, eff. 12-4-76-Substituted in
				  revision for NAC 445.690
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.264 - Monitoring systems: Recordation of data

Current through June 11,
				2024
1. Owners or
				operators of all continuous monitoring systems for the measurement of opacity
				shall reduce all data to 6-minute averages and for systems other than opacity
				to 1-hour averages.
2. For systems
				other than opacity, 1-hour averages must be computed from four or more data
				points equally spaced over each 1-hour period.
3. Data recorded during periods of system
				breakdowns, repairs, calibration checks, and zero and span adjustments must not
				be included in the data averages computed under this section. An arithmetic or
				integrated average of all calibrated data must be used. The data output of all
				continuous monitoring systems may be recorded in reduced or nonreduced form,
				e.g., ppm pollutant and percent O2 or lb/million Btu of
				pollutant.
4. All excess emissions
				must be converted into units of the standard using the applicable conversion
				procedures specified in NAC 445B.001 to 445B.3689, inclusive. After conversion
				into units of the standard, the data may be rounded to the same number of
				significant digits used in those sections to specify the applicable standard,
				e.g., rounded to the nearest 1 percent opacity.
5. As used in this section, "calibrated data"
				means data which is precise and accurate within a stated acceptance criteria
				for the instrument.
Environmental Comm'n,
				  Air Quality Reg. § 2.17.8, eff. 12-4-76-NAC A 10-22-87; R118-00,
				  9-25-2000; R040-10, 7-22-2010
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.265 - Monitoring systems: Records; reports

Current through June 11,
				2024
1. Any owner or
				operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive,
				shall maintain records of the occurrence and duration of any start-up, shutdown
				or malfunction in the operation of an affected facility and any malfunction of
				the air pollution control equipment or any periods during which a continuous
				monitoring system or monitoring device is inoperative.
2. Each owner or operator required to install
				a continuous monitoring system shall submit a written report of excess
				emissions to the Director for every calendar quarter. All quarterly reports
				must be postmarked by the 30th day following the end of each calendar quarter
				and must include the following information:
(a) The magnitude of excess emissions
				computed in accordance with NAC 445B.256 to 445B.267, inclusive, any conversion
				factors used, and the date and time of commencement and completion of each time
				period of excess emissions.
(b)
				Specific identification of each period of excess emissions that occurs during
				start-ups, shutdowns and malfunctions of the affected facility.
(c) The nature and cause of any malfunction,
				if known, the corrective action taken or preventative measures
				adopted.
(d) Specific
				identification of each period during which the continuous monitoring system was
				inoperative, except for zero and span checks, and the nature of any repairs or
				adjustments that were made.
When no excess emissions have occurred and the continuous
				  monitoring system has not been inoperative, repaired or adjusted, such
				  information must be included in the report.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.267 - Alternative monitoring procedures or requirements

Current through
				June 11, 2024
1. Upon
				written application by an owner or operator, the Director may approve
				alternatives to any monitoring procedures or requirements of NAC 445B.256 to
				445B.267, inclusive, including, but not limited to, the following:
(a) Alternative monitoring requirements when
				installation of a continuous monitoring system or monitoring device specified
				by those sections would not provide accurate measurements due to liquid water
				or other interferences caused by substances with the effluent gases.
(b) Alternative monitoring requirements when
				the affected facility is infrequently operated.
(c) Alternative monitoring requirements to
				accommodate continuous monitoring systems that require additional measurements
				to correct for stack moisture conditions.
(d) Alternative locations for installing
				continuous monitoring systems or monitoring devices when the owner or operator
				can demonstrate that installation at alternate locations will enable accurate
				and representative measurements.
(e) Alternative methods of converting
				regulated air pollutant concentration measurements to units of the
				standards.
(f) Alternative
				procedures for performing daily checks of zero and span drift that do not
				involve use of span gases or test cells.
(g) Alternatives to the test methods of the
				American Society for Testing and Materials or sampling procedures specified by
				any provision of NAC 445B.256 to 445B.267, inclusive.
(h) Alternative continuous monitoring systems
				that do not meet the design or performance requirements in Performance
				Specification 1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a
				definite and consistent relationship between their measurements and the
				measurements of opacity by a system complying with the requirements in
				Performance Specification 1. The Director may require that such demonstration
				be performed for each affected facility.
(i) Alternative monitoring requirements when
				the effluent from a single affected facility or the combined effluent from two
				or more affected facilities are released to the atmosphere through more than
				one point.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.271 - Use of alternative method or equivalent method to determine compliance with permit

Current through June 11,
				2024
An alternative method or an equivalent method may be used to
				  determine compliance with a standard, requirement or condition for a permit
				  that is required pursuant to
				  42 U.S.C.
				  §§
										7401 to
				  7671 q, inclusive, if
				  it is first approved by the Administrator.
Added to NAC by
				  Environmental Comm'n, 3-29-94, eff. 1-11-96; A 10-30-95, eff.
				  1-11-96-Substituted in revision for NAC 445.6945
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.273 - Schedules for compliance

Current through June 11,
				2024
1. All new and
				existing stationary sources must comply with NAC 445B.001 to 445B.3689,
				inclusive. Existing stationary sources are in compliance with those sections
				and may continue to operate under the provisions of their approved compliance
				schedules, which may be amended from time to time.
2. Compliance schedules must contain specific
				progress steps that will be taken toward achieving compliance.
3. The Commission may require periodic
				reports on each phase of progress under approved compliance schedules. Failure
				at any phase to make diligent and reasonable progress toward compliance with
				the approved compliance schedule is an unreasonable delay and subjects the
				operator of the stationary source to administrative fines as provided in NAC
				445B.281.
4. In approving
				compliance schedules, the Commission will take into consideration the social
				and economic effect of the schedule, including, but not limited to, its effect
				on the availability of fuels, energy, transportation and employment.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.9.1-2.9.4, eff. 11-7-75-NAC R 12-13-93, eff.
				  11-15-94; A 10-30-95; R040-10, 7-22-2010
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.275 - Violations: Acts constituting; notice

Current through June 11,
				2024
1. Failure to
				comply with any requirement of NAC
				445B.001 to 445B.390, inclusive,
				any applicable requirement or any condition of an operating permit constitutes
				a violation. As required by
				NRS
				445B.450, the Director shall issue a written
				notice of an alleged violation to any owner or operator for any violation,
				including, but not limited to:
(a) Failure to
				apply for and obtain an operating permit;
(b) Failure to construct a stationary source
				in accordance with the application for an operating permit as approved by the
				Director;
(c) Failure to construct
				or operate a stationary source in accordance with any condition of an operating
				permit;
(d) Commencing construction
				or modification of a stationary source without applying for and receiving an
				operating permit or a modification of an operating permit as required by NAC
				445B.001 to
				445B.3477, inclusive, or a
				mercury operating permit to construct as required by NAC
				445B.3611 to
				445B.3689, inclusive;
(e) Failure to comply with any requirement
				for recordkeeping, monitoring, reporting or compliance certification contained
				in an operating permit; or
(f)
				Failure to pay fees as required by NAC
				445B.327 or
				445B.3689.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.277 - Stop orders

Current through June 11,
				2024
1. The Director
				shall issue a stop order if:
(a) The proposed
				construction, installation, alterations or establishment will not be in
				accordance with the provisions of the plans, specifications and other design
				material required to be submitted as part of the application for an operating
				permit and approved by the Director as a condition of the operating permit;
				or
(b) The design material or the
				construction itself is of such a nature that it patently cannot bring the
				stationary source into compliance with NAC 445B.001 to 445B.3689,
				inclusive.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.279 - Appeal of Director's decision: Application forms

Current through
				June 11, 2024
Application forms for an appeal under
				  NRS
				  445B.360 must be obtained from the
				  Director.
Environmental Comm'n,
				  Air Quality Reg. § 2.10.4, eff. 11-7-75-Substituted in revision for NAC
				  445.698
NRS
					 445B.210,
					 445B.360
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.281 - Violations: Classification; administrative fines

Current through
				June 11, 2024
1. Except
				as otherwise provided in NAC
				445B.001 to 445B.390, inclusive,
				any violation of the provisions of those sections is classified as a major
				violation, and a fine up to $10,000 per day per violation may be
				levied.
2. For Class II sources,
				violations of NAC
				445B.22037,
				445B.22067,
				445B.2207,
				445B.22087, subsections 3 and 4
				of NAC 445B.232, subsection 8 of NAC
				445B.252, subsection 2 of NAC
				445B.265, paragraph (e) of
				subsection 1 of NAC
				445B.275 and NAC
				445B.331 are classified as minor
				or lesser violations, unless there are four or more violations of any one of
				those sections by a person, occurring within a period of 60 consecutive
				months.
3. The schedule of fines
				for minor violations is as follows:
First Offense
Second Offense
Third Offense
NAC
								445B.22037, fugitive dust
								.........................................
.... $500
$1,000
$2,000
NAC
								445B.22067, open burning
								........................................
...... 250
500
1,000
NAC
								445B.2207, incinerator burning
								................................
...... 250
500
1,000
NAC
								445B.22087, odors
								....................................................
...... 250
500
1,000
Subsection 3 or 4 of NAC
								445B.232, reporting of
excess emissions
								............................................................
...... 250
500
1,000
Subsection 8 of NAC
								445B.252, testing and sampling
								reporting
								........................................................................
...... 250
500
1,000
Subsection 2 of NAC
								445B.265, reporting of
monitoring systems
								........................................................
...... 250
500
1,000
Paragraph (e) of subsection 1 of NAC
								445B.275,
recordkeeping, monitoring, reporting or
								compliance
certification
								....................................................................
...... 250
500
1,000
NAC
								445B.331, change of location
								...................................
...... 250
500
1,000
4.
				All minor violations become major violations upon the occurrence of the fourth
				violation of the same section within a period of 60 consecutive
				months.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.8.1-2.8.4, eff. 11-7-75; A 12-4-76-NAC A
				  10-22-87; 12-8-89; 12-13-93; R040-01, 10-25-2001; R103-02, 12-17-2002; R064-03,
				  10-30-2003; R198-03, 4-26-2004; R189-05, 5-4-2006; R142-07, 4-17-2008; 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 › General Provisions › Section 445B.283 - Violations: Manner of paying fines

Current through June 11,
				2024
1. The amount of
				the specified fine, in accordance with the schedule of fines for minor
				violations, must be submitted within 10 days after service of the notice upon
				the violator.
2. Cashier's checks,
				certified checks, money orders or personal checks must be made payable to the
				State of Nevada and must be sent to the State Environmental Commission, 901
				South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.8.5.1 & 2.8.5.2, eff. 11-7-75; A
				  12-4-76-NAC A 10-22-87; 9-19-90; 11-23-92-Substituted in revision for NAC
				  445.700
NRS
					 445B.210,
					 445B.640
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.287 - Operating permits: General requirements; exception; restrictions on transfers

Current through June 11,
				2024
1. Except as
				otherwise provided in subsection 2 and in NAC
				445B.288, an operating permit,
				operating permit to construct or permit to construct is required for each
				stationary source that is a Class I or Class II source and:
(a) If a stationary source is a Class I
				source:
(1) A revision of the operating
				permit or the permit to construct is required pursuant to the requirements of
				NAC 445B.3425,
				445B.344 or
				445B.3441 before the stationary
				source may be modified; or
(2) A
				revision of the operating permit to construct is required pursuant to the
				requirements of paragraph (a) of subsection 1 of NAC
				445B.3361 before the stationary
				source may be modified,
as appropriate.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.288 - Operating permits: Exemptions from requirements; insignificant activities

Current through June 11, 2024
1. The following categories of sources are
				not required to obtain an operating permit:
(a) A source that would otherwise be required
				to obtain an operating permit solely because it is subject to 40 C.F.R. Part
				60, Subpart AAA, Standards of Performance for New Residential Wood
				Heaters.
(b) A source that would
				otherwise be required to obtain an operating permit solely because it is
				subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for
				Asbestos, section 61.145.
(c)
				Agricultural equipment used in the normal operation of a farm, other than
				agricultural equipment which is classified as, or located at, a source for
				which a permit is required under Title V of the Act or which is subject to any
				standard set forth in 40 C.F.R. Part 60 or 61.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.2915 - Informal review of proposed new major source or proposed modification of existing major source

Current through June 11,
				2024
1. An owner or
				operator of a proposed new major source or an existing major source for which
				the owner or operator proposes a modification may, before the owner or operator
				submits an application for an operating permit or an operating permit to
				construct for the proposed new major source or for the modification of the
				existing major source, submit a written request to the Director for an informal
				review of the proposed new major source or modification of the existing major
				source. In conducting the informal review, the Director may provide advice or
				other assistance to the owner or operator concerning the preparation of a draft
				application for the operating permit or operating permit to construct. 2. A
				written request for an informal review submitted pursuant to subsection 1 must
				include:
(a) A draft application for an
				operating permit or operating permit to construct for the proposed major source
				or modification of the existing major source; and
(b) Any other information concerning the
				proposed new major source or modification of the existing major source required
				by the Director.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.295 - Application: General requirements

Current through June 11,
				2024
Except as otherwise provided in NAC
				  445B.33637, an application for
				  an operating permit 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. A description
				of the stationary source's processes and products by Standard Industrial
				Classification Code, including any processes and products associated with an
				alternative operating scenario identified by the owner or operator;
3. A description of the fuels, fuel use and
				raw materials to be used and the rates of production and operating schedules
				for each emission unit which is a part of the stationary source;
4. An identification and a description of any
				equipment for the control of air pollution and any devices or activities for
				monitoring compliance with emission limitations;
5. Limitations on the operation of the
				stationary source or any standards for work practices which affect emissions
				for all regulated air pollutants at the stationary source;
6. An explanation of any proposed exemption
				from any applicable requirement;
7.
				The location of any records that the applicant must keep pursuant to the
				requirements of the operating permit, if the records are kept at a location
				other than the emitting facility; and
8. 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, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; 5-3-96;
				  A by R117-00, 6-1-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R139-06,
				  9-18-2006; R014-11, 10-26-2011; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.296 - Application: Requests for inclusion of additional provisions

Current through June 11, 2024
If an applicant for an operating permit requests the
				  inclusion of:
1. Provisions for
				alternative operating scenarios, the application must:
(a) Define each scenario;
(b) Demonstrate that each scenario will
				comply with each applicable requirement or relevant requirement of NAC 445B.001
				to 445B.3689, inclusive;
(c)
				Contain proposed conditions of the permit which will ensure compliance with any
				applicable requirements, including a requirement for contemporaneous log
				entries each time the stationary source changes from one scenario to another;
				and
(d) Contain any additional
				information that the Director determines is necessary to process the
				application.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.297 - Application: Submission; certification; additional information

Current through June 11, 2024
1. An applicant for an operating permit must:
(a) Submit an application to the Director on
				the appropriate form provided by the Director. A responsible official of the
				stationary source must certify that, based on information and belief formed
				after a reasonable inquiry, the statements in the application for the operating
				permit are true, accurate and complete.
(b) Submit supplementary facts or corrected
				information upon discovery.
(c)
				Provide any additional information, in writing, that the Director requests
				within the time specified in the Director's request.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.298 - Application: Official date of submittal

Current through June 11,
				2024
Except as otherwise provided in NAC
				  445B.3364,
				  445B.3395,
				  445B.3457 or
				  445B.3683, the official date of
				  submittal of an application for:
1. An
				operating permit;
2. An operating
				permit to construct;
3. A revision
				of an existing operating permit; or
4. A revision of an existing operating permit
				to construct,
is the date on which the Director determines that the
				  application is complete.
Environmental Comm'n,
				  Air Quality Reg. §§ 3.1.4 & 3.1.7, eff. 11-7-75-NAC A 10-22-87;
				  9-19-90; 12-13-93; R105-97, 3-5-98; R198-03, 4-26-2004; R125-04, 9-24-2004;
				  R162-06, 9-18-2006; R040-10, 7-22-2010; R014-11, 10-26-2011; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.302 - Operating permits: Renewal of permit issued on or after January 1, 2018

Current through June 11, 2024
The Director may renew an existing Class I or Class II
				  operating permit that was issued on or after January 1, 2018, if:
1. No revisions to the operating permit are
				necessary;
2. The holder of the
				operating permit submits a request and pays any renewal fee set forth in NAC
				445B.327; and
3. The Director determines that an
				environmental evaluation submitted within 5 years of the request is
				adequate.
Added to
				  NAC by Environmental Comm'n by
				  R046-19A,
				  eff. 12/30/2019
NRS
				  445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.305 - Operating permits: Imposition of more stringent standards for emissions

Current through June 11, 2024
The Director may impose standards for emissions on a proposed
				  stationary source that are more stringent than those found in NAC 445B.001 to
				  445B.3689, inclusive, as a condition of approving an operating permit for the
				  proposed stationary source.
Added to NAC by
				  Environmental Comm'n, eff. 9-19-90; A 12-13-93, eff. 11-15-94; 10-30-95;
				  R040-10, 7-22-2010
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.308 - Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan

Current through
				June 11, 2024
1. Except
				for a Class IV operating permit, in any area designated as attainment or
				unclassifiable for a regulated air pollutant, before an operating permit or a
				revision of an operating permit may be issued:
(a) For a new or modified stationary
				source;
(b) For a plantwide
				applicability limitation; or
(c) To
				allow a plantwide applicability limitation to expire and not be renewed, in
				accordance with NAC 445B.308 to
				445B.314,
				inclusive, the applicant must submit to the Director an environmental
				evaluation and any other information the Director determines is necessary to
				make an independent air quality impact assessment.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.310 - Environmental evaluation: Applicable sources and other subjects; exemption

Current through June 11, 2024
1. An applicant for an operating permit, a
				revision to an operating permit or a request for a change of location, which is
				not subject to the provisions of
				40 C.F.R.
				§
										52.21, as adopted by reference in NAC
				445B.221, must submit with the application an environmental evaluation for:
(a) A new stationary source which emits, or
				has the potential to emit, greater than 25 tons of a regulated air pollutant
				per year;
(b) A modification to an
				existing stationary source that meets the following criteria:
(1) The existing stationary source has the
				potential to emit greater than 25 tons of a regulated air pollutant per year;
				and
(2) The proposed modification
				has the potential to emit greater than 10 tons of a regulated air pollutant per
				year;
(c) The approval
				of a plantwide applicability limitation or the approval to allow a plantwide
				applicability limitation to expire and not be renewed; or
(d) Upon written notice from the Director,
				any other source or combination of sources.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.311 - Environmental evaluation: Contents; consideration of good engineering practice stack height

Current through June 11,
				2024
1. An environmental
				evaluation which is required for a new or modified stationary source pursuant
				to NAC 445B.308 to 445B.314, inclusive, or as required by the Director must
				contain a careful and detailed assessment of the environmental aspects of the
				proposed stationary source and must also contain:
(a) The name and address of the
				applicant;
(b) The name, address
				and location of the stationary source;
(c) A description of the proposed stationary
				source, including the normal hours of operation of the facility and the general
				types of activities to be performed;
(d) A map showing the location of the
				stationary source and the topography of the area, including existing principal
				streets, roads and highways within 3 miles of the stationary source;
(e) A site plan showing the location and
				height of buildings on the site;
(f) Any additional information or
				documentation which the Director deems necessary to determine the effect of the
				stationary source on the quality of the ambient air, including measured data on
				the quality of the ambient air and meteorological conditions at the proposed
				site before construction or modification; and
(g) Except as otherwise provided in
				subsection 5 a dispersion analysis of each regulated air pollutant.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.313 - Method for determining maximum heat input: Class I sources

Current through June 11, 2024
For the purposes of determining the effects of Class I
				  sources on the quality of ambient air and determining the applicability of a
				  federally enforceable standard or requirement to an emission unit, the maximum
				  heat input will be determined by:
1.
				Multiplying the maximum fuel rate as determined by the manufacturer by the
				total calorific value of the fuel as determined by using the appropriate method
				of ASTM International; or
2. An
				alternative method specified by the Director as a condition contained in the
				operating permit of the Class I source.
Environmental Comm'n,
				  Air Quality Reg. § 13.3.4, eff. 12-15-77; renumbered as § 13.2.4,
				  8-28-79-NAC A 9-19-90; 3-29-94, eff. 1-11-96; 10-30-95; R040-01, 10-25-2001;
				  R103-02, 12-17-2002; R142-07, 4-17-2008; R126-10,
				  12-16-2010
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.3135 - Method for determining heat input: Class II sources

Current
				through June 11, 2024
For the purposes of determining the effects of a Class II
				  source on the quality of ambient air pursuant to NAC 445B.308, 445B.310 and
				  445B.311, the heat input is the aggregate heat content of all combusted fuels,
				  or the guaranteed maximum input of the manufacturer or designer of the
				  equipment, whichever is greater. The total heat input of all fuel-burning units
				  in a plant or on the premises must be used to determine the maximum amount of a
				  regulated air pollutant which may be emitted.
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.314 - Method for determining heat input: Class III and Class IV sources

Current through June 11, 2024
For the purposes of determining the effects of a Class III
				  source or a Class IV source on the quality of ambient air pursuant to NAC
				  445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content
				  of all combusted fuels, or the guaranteed maximum input of the manufacturer or
				  designer of the equipment, whichever is greater. The total heat input of all
				  fuel-burning units in a plant or on the premises must be used to determine the
				  maximum amount of a regulated air pollutant which may be emitted.
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R014-11,
				  10-26-2011
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.318 - Operating permits: Requirement for each source; form of application; issuance or denial; posting

Current through June 11,
				2024
1. An operating
				permit is required for each new or existing stationary source.
2. Application for the issuance of an
				operating permit or a replacement for a lost or damaged operating permit must
				be submitted in writing to the Director on the exact form provided by the
				Director.
3. An operating permit
				must be granted if the Director finds from a stack emission test or other
				appropriate test and other relevant information that use of the stationary
				source will not result in any violation of the air quality regulations or the
				provisions of
				40 C.F.R.
				§
										52.21 or 40 C.F.R. Parts 60, 61 and
				63, adopted by reference in NAC 445B.221.
4. A denial of an application for an
				operating permit must be accompanied by a statement of the reasons for the
				denial, and, if the Director has relied in his or her decision upon information
				not contained in the application, the statement of reasons must identify and
				state the substance of such information.
5. Operating permits must be posted
				conspicuously at or near the stationary source.
Environmental Comm'n,
				  Air Quality Reg. part § 3.4.1 & §§ 3.4.2, 3.4.3, 3.4.5 &
				  3.4.6, eff. 11-7-75; § 3.4.7, eff. 11-7-75; A 8-28-79-NAC A 10-22-87;
				  12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R189-05, 5-4-2006;
				  R151-06, 9-18-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.319 - Operating permits: Administrative amendment

Current through
				June 11, 2024
1. The
				holder of an operating permit may request or the Director may initiate an
				administrative amendment of an operating permit to:
(a) Correct typographical errors;
(b) Identify a change in the name, address or
				telephone number of any person identified in the operating permit, or provide a
				similar minor administrative change at the stationary source;
(c) Require more frequent monitoring or
				reporting by the holder of the operating permit;
(d) Add the serial numbers of specific pieces
				of equipment which were not available at the time of the issuance of or
				revision of the operating permit; or
(e) Allow for a change in ownership or
				operational control of a stationary source if the Director determines that no
				other change in the operating permit is necessary. A person who requests an
				administrative amendment pursuant to this paragraph must submit to the Director
				a written agreement specifying a date for the transfer of responsibility for
				the operating permit and an agreement between the current and the new holder of
				the operating permit regarding insurance coverage and liability.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.325 - Operating permits: Termination, reopening and revision, revision, or revocation and reissuance

Current through June 11,
				2024
1. A Class I
				operating permit must be reopened and revised to incorporate any additional
				applicable requirement adopted pursuant to the Act if, on the effective date of
				the applicable requirement, the operating permit has a remaining term of 3 or
				more years. The reopening must be completed not later than 18 months after the
				effective date of the applicable requirement.
2. An operating permit may be terminated,
				reopened and revised, revised, or revoked and reissued if:
(a) The Director or the Administrator
				determines that the operating permit contains a material mistake or is based on
				inaccurate statements;
(b) The
				Director or the Administrator determines that the operating permit, as written,
				does not ensure compliance with all applicable requirements; or
(c) The Director determines that there has
				been a violation of any of the provisions of NAC 445B.001 to 445B.3689,
				inclusive, any applicable requirement, or any condition contained in the
				operating permit.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.326 - Operating permits: Assertion of emergency as affirmative defense to action for noncompliance

Current through June 11,
				2024
1. A holder of an
				operating permit may assert an affirmative defense to an action brought for
				noncompliance with a technology-based emission limitation contained in the
				operating permit if the holder of the operating permit demonstrates through
				signed, contemporaneous operating logs or other relevant evidence, that:
(a) An emergency occurred and the holder of
				the operating permit can identify the cause of the emergency;
(b) The facility was being properly operated
				at the time of the emergency;
(c)
				During the emergency, the holder of the operating permit took all reasonable
				steps to minimize excess emissions; and
(d) The holder of the operating permit
				submitted notice of the emergency to the Director within 2 working days after
				the emergency. The notice must contain a description of the emergency, any
				steps taken to mitigate emissions, and any corrective actions taken to restore
				the normal operation of the facility.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.3265 - Operating permits: Revocation and reissuance

Current through
				June 11, 2024
1. An
				operating permit may be revoked if the control equipment is not
				operating.
2. An operating permit
				may be revoked by the Director upon determining that there has been a violation
				of NAC 445B.001 to 445B.3689, inclusive, or the provisions of
				40 C.F.R.
				§
										52.21, or 40 C.F.R. Part 60 or 61,
				Prevention of Significant Deterioration, New Source Performance Standards, and
				National Emission Standards for Hazardous Air Pollutants, adopted by reference
				in NAC 445B.221.
3. The revocation
				is effective 10 days after the service of a written notice, unless a hearing is
				requested.
4. To reissue a revoked
				operating permit, the holder of the revoked permit must file a new application
				with the Director, accompanied by the fee for an initial operating permit as
				specified in NAC 445B.327. An environmental review of the stationary source
				must be conducted as though construction had not yet commenced.
Environmental Comm'n,
				  Air Quality Reg. § 3.4.10, eff. 11-7-75; A 8-28-79; §§ 3.4.13
				  & 3.4.14, eff. 11-7-75-NAC A 12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94;
				  A 10-30-95; R040-10, 7-22-2010
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.331 - Request for change of location of emission unit

Current through
				June 11, 2024
A request for a change of the location of an emission unit
				  must be made in writing to the Director and submitted with the fee of $200 for
				  each emission unit at least 10 days before each change of location. An owner or
				  operator must not operate the emission unit at the new location until the
				  Director approves the location.
Added to NAC by
				  Environmental Comm'n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93; 12-13-93,
				  eff. 7-1-94; 10-30-95; 5-3-96; R019-99, 9-27-99; R117-00, 6-1-2001; R103-02,
				  12-17-2002; R151-06, 9-18-2006; A by
				  R046-19A,
				  eff. 7/1/2020
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3361 - General requirements

Current through June 11,
				2024
1. To establish a
				new Class I stationary source or modify an existing Class I stationary source,
				the owner or operator of a proposed new Class I stationary source or the
				existing Class I stationary source must:
(a)
				Apply for and obtain a new or revised:
(1)
				Operating permit to construct pursuant to NAC 445B.001 to 445B.3689, inclusive;
				or
(2) Class I operating permit
				pursuant to NAC 445B.001 to 445B.3689, inclusive; and
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3363 - Operating permit to construct: Application

Current through June
				11, 2024
1. Except as
				otherwise provided in NAC 445B.33637, in addition to the information required
				pursuant to NAC 445B.295, an application for a Class I operating permit to
				construct or for a revision of a Class I operating permit to construct must
				include:
(a) Descriptions of all emissions of
				any regulated pollutants for which the source is defined as a major
				source.
(b) A description of all
				emissions of regulated air pollutants from all emission units.
(c) An identification and a description of
				all points of emissions and all activities which may generate emissions of the
				regulated air pollutants described pursuant to paragraph (a) in sufficient
				detail to establish the basis for the applicability of standards and
				fees.
(d) The emission rates of all
				regulated air pollutants that are subject to an emissions limitation pursuant
				to an applicable requirement. The emission rates must be described in tons per
				year and in such terms as are necessary to establish compliance using the
				applicable standard reference test method.
(e) Any other information required by any
				applicable requirement.
(f) The
				calculations on which the information described in this subsection are
				based.
(g) Citations to and a
				description of all applicable requirements.
(h) A reference to any applicable test method
				used for determining compliance with each applicable requirement.