reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2203 - Emissions of particulate matter: Fuel-burning equipment

Current
				through June 11, 2024
1.
				No person may cause or permit PM10 emissions resulting
				from the combustion of fuel in fuel-burning equipment in excess of the quantity
				set forth in the following formulas:
(a) For
				maximum input of heat equal to or greater than 4 million Btu's per hour, but
				less than or equal to 10 million Btu's per hour, the allowable emission is 0.6
				of a pound per million Btu's of input of heat.
(b) For maximum input of heat greater than 10
				million Btu's per hour, but less than 4,000 million Btu's per hour, the
				allowable emissions must be calculated using the following equation:
Y = 1.02X-0.231
(c) For maximum input of heat equal to or
				greater than 4,000 million Btu's per hour, the emission must be calculated
				using the following equation:
Y = 17.0X-0.568
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22033 - Emissions of particulate matter: Sources not otherwise limited

Current through June 11, 2024
1. Owners or operators of stationary sources
				not otherwise included in NAC 445B.22027 to 445B.22037, inclusive, shall not
				cause or permit PM10 to be discharged from any emission
				unit into the atmosphere in excess of the allowable emission determined by the
				use of the formula contained in subsection 2 or 3.
2. When the maximum allowable throughput is
				less than 30 tons per hour, the maximum allowable weight discharged per hour
				must be determined by using the following equation:
E = 4.10P0.67
3. When the maximum allowable throughput
				equals or exceeds 30 tons per hour, the maximum allowable weight discharged per
				hour must be determined by using the following equation:
E = 55P0.11 - 40
4. For the purposes of subsections 2 and 3:
(a) "E" means the maximum rate of emission in
				pounds per hour.
(b) "P" means the
				maximum allowable throughput in tons per hour.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22037 - Emissions of particulate matter: Fugitive dust

Current through
				June 11, 2024
1. No
				person may cause or permit the handling, transporting or storing of any
				material in a manner which allows or may allow controllable particulate matter
				to become airborne.
2. Except as
				otherwise provided in subsection 4, no person may cause or permit the
				construction, repair, demolition, or use of unpaved or untreated areas without
				first putting into effect an ongoing program using the best practical methods
				to prevent particulate matter from becoming airborne. As used in this
				subsection, "best practical methods" includes, but is not limited to, paving,
				chemical stabilization, watering, phased construction and
				revegetation.
3. Except as
				otherwise provided in subsection 4, no person may disturb or cover 5 acres or
				more of land or its topsoil until the person has obtained an operating permit
				for surface area disturbance to clear, excavate, or level the land or to
				deposit any foreign material to fill or cover the land.
4. The provisions of subsections 2 and 3 do
				not apply to:
(a) Agricultural activities
				occurring on agricultural land; or
(b) Surface disturbances authorized by a
				permit issued pursuant to
				NRS 519A.180
				which occur on land which is not less than 5 acres or more than 20
				acres.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2204 - "Sulfur emission" defined

Current through June 11,
				2024
For purposes of NAC 445B.2204 to 445B.22063, inclusive,
				  "sulfur emission" means the sulfur portion of the sulfur compounds
				  emitted.
Environmental Comm'n,
				  Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4,
				  12-4-76; A and renumbered as § 8.2.2, 12-15-77-Substituted in revision for
				  NAC 445B.370
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22043 - Sulfur emissions: Calculation of total feed sulfur

Current
				through June 11, 2024
For the purposes of NAC 445B.2204 to 445B.2205, inclusive,
				  total feed sulfur must be calculated as the aggregate sulfur content of all
				  fuels and other feed materials whose products of combustion and gaseous
				  by-products are emitted to the atmosphere. When furnaces, sinter machines,
				  sinter boxes, roasters, converters, or other similar devices are used for
				  converting ores, concentrates, residues, or slag to the metal or the oxide of
				  the metal either wholly or in part, the combined sulfur input of all units must
				  be used to determine the allowable emission.
Environmental Comm'n,
				  Air Quality Reg. § 8.1.5, eff. 11-7-75-NAC A by R125-04,
				  9-24-2004
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22047 - Sulfur emissions: Fuel-burning equipment

Current through June
				11, 2024
1. No person
				may cause or permit the emission of compounds of sulfur caused by the
				combustion of fuel in fuel-burning equipment in excess of the quantity
				calculated by the use of the formula in subsection 2 or 3.
2. Where an emission unit has a maximum input
				of heat of less than 250 million Btu's per hour, the allowable emission must be
				calculated by the use of the following equation:
Y = 0.7X
For the purposes of this subsection:
(a) "X" means the maximum operating input of
				heat in millions of Btu's per hour.
(b) "Y" means the allowable rate of emission
				of sulfur in pounds per hour.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2205 - Sulfur emissions: Other processes which emit sulfur

Current
				through June 11, 2024
1.
				No person may cause or permit the emission of sulfur compounds where the sulfur
				originates in the material being processed, excluding hydrogen sulfide and
				sulfur from all solid, liquid or gaseous fuel, in excess of the quantity
				determined by the following equation:
E = 0.292P0.904
when "E" is equal to or greater than 10 pounds per hour. When
				  "E" is less than 10 pounds per hour, the gas stream concentration must not
				  exceed 1,000 ppm by volume.
2. For the purposes of subsection 1:
(a) "E" means the allowable sulfur emission
				in pounds per hour.
(b) "P" means
				the total feed sulfur, excluding hydrogen sulfide, in pounds per
				hour.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22057 - Allowable emissions of sulfur from specific sources: Units Numbers 1, 2 and 3 of Reid Gardner Power Station

Current through June 11,
				2024
The allowable emission of sulfur from fossil fuel-fired power
				  generating units Numbers 1, 2 and 3 of NV Energy's Reid Gardner Station,
				  located in Air Quality Control Region 13, Basin 218, California Wash, must not
				  be greater than 0.275 pounds per million Btu's (0.495 kilograms per million
				  kg-cal).
Environmental Comm'n,
				  Air Quality Reg. § 8.2.1.3 + § 16.1.3.5, eff. 1-1-83-NAC A 9-19-90;
				  R065-03, 10-30-2003; R096-05, 10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2206 - Allowable emissions of sulfur from specific sources: Unit Number 4 of Reid Gardner Power Station

Current through June 11,
				2024
The allowable emission of sulfur from fossil fuel-fired power
				  generating unit Number 4 of NV Energy's Reid Gardner Station, located in Air
				  Quality Control Region 13, Basin 218, California Wash, must not be greater than
				  0.145 pounds per million Btu's (0.261 kilograms per million kg-cal). The
				  efficiency of the capture of sulfur must be maintained at a minimum of 85
				  percent, based on a 30-day rolling average.
Added to NAC by
				  Environmental Comm'n, eff. 8-22-86; A by R096-05,
				  10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22063 - Allowable emissions of sulfur from specific sources: North Valmy Power Station

Current through June 11,
				2024
The allowable emission of sulfur from fossil fuel-fired power
				  generating unit Number 2 NV Energy's North Valmy Station, located in Air
				  Quality Control Region 147, Basin 64, Clovers Area, must not be greater than
				  0.3 pounds per million Btu's (0.540 kilograms per million kg-cal). The
				  efficiency of the capture of sulfur must be maintained at a minimum of 70
				  percent, based on a 30-day rolling average.
Added to NAC by
				  Environmental Comm'n, eff. 8-22-86; A 9-25-87; R096-05,
				  10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22067 - Open burning

Current through June 11,
				2024
1. The open burning
				of any combustible refuse, waste, garbage or oil, or for any salvage
				operations, except as specifically exempted, is prohibited.
2. Open burning:
(a) For the purpose of weed abatement,
				conservation, disease control, game or forest management, personnel training or
				elimination of hazards is allowed if:
(1)
				Approved in advance by the Director; or
(2) Authorized by an officer of the State of
				Nevada or its political subdivisions and concurred in by the
				Director.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2207 - Incinerator burning

Current through June 11,
				2024
1. Except as
				otherwise provided in subsection 6:
(a)
				Burning in any incinerator other than the multiple-chamber type is
				prohibited.
(b) Incinerator burning
				which produces, for periods totaling 1 minute in 1 hour, a visible emission
				which is of an opacity equal to or greater than 20 percent is
				prohibited.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22073 - Municipal solid waste landfills

Current through June 11,
				2024
1. Except as
				otherwise provided in subsections 2 and 3, a municipal solid waste landfill
				must:
(a) Install a system designed to
				collect and control the emission of nonmethane organic compounds not later than
				30 months after the date on which the rate of emission of nonmethane organic
				compounds by the municipal solid waste landfill is equal to or greater than
				55.125 tons per year. The system designed to collect and control the emission
				of nonmethane organic compounds must meet the requirements set forth in
				40
				C.F.R. §
											60.752(b)(2)(ii) and must
				have:
(1) A flare designed and operated
				pursuant to
				40 C.F.R.
				§
												60.18;
(2) An enclosed combustor designed and
				operated to reduce the concentration of nonmethane organic compounds at the
				outlet to no more than 20 parts per million as hexane by volume, dry basis at 3
				percent oxygen; or
(3) A system of
				emission control designed and operated to reduce the emission of nonmethane
				organic compounds by 98 weight percent.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22077 - Compliance with regulations

Current through June 11,
				2024
Any portion of any affected facility not listed in NAC
				  445B.2208 must comply with the remaining portions of NAC 445B.001 to 445B.3689,
				  inclusive.
Environmental Comm'n,
				  Air Quality Reg. Art. 16, eff. 12-4-76-NAC A 3-17-86; 10-18-88; 12-26-91;
				  R189-05, 5-4-2006; R040-10, 7-22-2010
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2208 - Emission of hydrogen sulfide from certain facilities for generating electricity from geothermal brine

Current through June 11,
				2024
The emission of hydrogen sulfide from the facilities for
				  generating electricity from geothermal brine at the Oxbow Geothermal
				  Corporation's geothermal power plant in Air Quality Control Region 147, Basin
				  128, Dixie Valley, may not exceed 249 short tons (225.9 metric tons) per
				  year.
Added to NAC by
				  Environmental Comm'n, eff. 10-18-88-Substituted in revision for NAC
				  445B.387
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22083 - Construction, major modification or relocation of plants to generate electricity using steam produced by burning of fossil fuels

Current through
				June 11, 2024
1. Except
				as otherwise provided in subsections 2 and 3, a person shall not make a major
				modification to an existing plant or construct a new plant to generate
				electricity using steam produced by the burning of fossil fuels within:
(a) The Las Vegas Valley, Hydrographic Area
				212;
(b) The El Dorado Valley,
				Hydrographic Area 167;
(c) The
				Ivanpah Valley, Hydrographic Areas 164 a and 164 b; or
(d) The city limits of Boulder
				City.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22087 - Odors

Current through June 11, 2024
1. No person may discharge or cause to be
				discharged, from any stationary source, any material or regulated air pollutant
				which is or tends to be offensive to the senses, injurious or detrimental to
				health and safety, or which in any way interferes with or prevents the
				comfortable enjoyment of life or property.
2. The Director shall investigate an odor
				when 30 percent or more of a sample of the people exposed to it believe it to
				be objectionable in usual places of occupancy. The sample must be at least 20
				people or 75 percent of those exposed if fewer than 20 people are
				exposed.
3. The Director shall deem
				the odor to be a violation if he or she is able to make two odor measurements
				within a period of 1 hour. These measurements must be separated by at least 15
				minutes. An odor measurement consists of a detectable odor after the odorous
				air has been diluted with eight or more volumes of odor-free air.
Environmental Comm'n,
				  Air Quality Reg. §§ 10.1.1-10.1.3, eff. 11-7-75-NAC A
				  10-30-95-Substituted in revision for NAC 445B.393
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.2209 - Reduction of animal matter

Current through June 11,
				2024
1. The operation of
				any machine, equipment or other contrivance for the reduction of animal matter
				is prohibited unless all gases, vapors and gas-entrained effluents are:
(a) Incinerated at temperatures of not less
				than 1400 degrees Fahrenheit (760 degrees Centigrade) for not less than 0.3
				second; or
(b) Processed in a
				manner determined by the Director to be equally efficient.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22093 - Organic solvents and other volatile compounds

Current through
				June 11, 2024
1.
				Solvents or other volatile compounds such as paints, acids, alkalies,
				pesticides, fertilizers and manure must be processed, stored, used and
				transported in such a manner and by such means as to minimize the tendency to
				evaporate, leak, escape or be otherwise discharged into the ambient air causing
				or contributing to air pollution. If methods of control are available and
				feasible effectively to reduce the contribution to air pollution from
				evaporation, leakage or discharge, as determined by the Director, the
				installation and use of such methods, devices or equipment for control is
				mandatory.
2. No person may place,
				store or hold in any new reservoir, stationary tank or other container with a
				capacity equal to or greater than 40,000 gallons (150 kiloliters) any gasoline,
				petroleum distillate, or volatile organic compound having a vapor pressure of
				1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual
				storage conditions unless the tank, reservoir or other container is a pressure
				tank maintaining working pressure sufficient at all times to prevent loss of
				vapor or gas to the atmosphere or is equipped with one of the following devices
				properly installed, in good working order, and in operation:
(a) A floating roof which consists of a
				pontoon type or double-deck roof which rests on the surface of the liquid
				contents and is equipped with a seal to close the space between the roof eave
				and tank wall or a vapor balloon or a vapor dome designed in accordance with
				accepted standards of the petroleum industry. This control equipment is not
				permitted if the gasoline or petroleum distillate has a vapor pressure of 11
				lb/square inch absolute (7,734 kg/square meter) or greater under actual
				conditions. All gauging and sampling devices for tanks must be gastight except
				when gauging or sampling is taking place.
(b) Other equipment proven to be of equal
				efficiency for preventing discharge of gases and vapors to the
				atmosphere.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.22095 - Emission limitation for BART

Current through June 11,
				2024
The emission limitation for BART must be established on a
				  case-by-case basis, taking into consideration:
1. The technology available;
2. The costs of compliance;
3. The energy and nonair quality
				environmental impacts of compliance;
4. Any pollution control equipment in use or
				in existence at the source or unit;
5. The remaining useful life of the source or
				unit; and
6. The degree of
				improvement in visibility which may reasonably be anticipated to result from
				the use of such technology.
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 › General Provisions › Section 445B.22096 - Control measures constituting BART; limitations on emissions

Current through June 11, 2024
1. The sources listed below must install,
				operate and maintain the following control measures which constitute BART and
				must not emit or cause to be emitted NOx,
				SO2, or PM10 in excess of the
				following limits:
(a) For power-generating
				units numbers 1 and 2 of NV Energy's Fort Churchill Generating Station, located
				in hydrographic area 108:
UNIT (Boiler)
NOx
SO2
PM10
Emission Limit (lb/106 Btu,
							 12-month rolling average)
Control Type
Emission Limit (lb/106 Btu,
							 24-hr average)
Control Type
Emission Limit (lb/106 Btu,
							 3-hr average)
Control Type
1
0.20
Low NOx burners
							 with flue gas recirculation
0.05
Pipeline natural gas and/or No. 2 fuel
							 oil
0.03
Pipeline natural gas and/or No. 2 fuel
							 oil
2
0.16
0.05
0.03
(b)
				For power-generating units numbers 1, 2 and 3 of NV Energy's Tracy Generating
				Station, located in hydrographic area 83:
UNIT (Boiler)
NOx
SO2
PM10
Emission Limit (lb/106 Btu,
							 12-month rolling average)
Control Type
Emission Limit (lb/106 Btu,
							 24-hr average)
Control Type
Emission Limit (lb/106 Btu,
							 3-hr average)
Control Type
1
0.15
Low NOx burners
							 with flue gas recirculation
0.05
Pipeline natural gas and/or No. 2 fuel
							 oil
0.03
Pipeline natural gas and/or No. 2 fuel
							 oil
2
0.12
0.05
0.03
3
0.19
Low NOx burners with selective
							 noncatalytic reduction
0.05
0.03
(c)
				For power-generating units numbers 1, 2 and 3 of NV Energy's Reid Gardner
				Generating Station, located in hydrographic area 218:
UNIT (Boiler)
NOx
SO2
PM10
Emission Limit (lb/106 Btu,
							 30-day rolling average)
Control Type
Emission Limit (lb/106 Btu,
							 24-hr average)
Control Type
Emission Limit (lb/106 Btu,
							 3-hr average)
Control Type
1
0.20, averaged across all 3 units
Low NOx burners
							 with over-fire air and selective noncatalytic reduction
0.15
Wet soda ash flue gas
							 desulphurization
0.015
Fabric filter
2
0.15
0.015
3
0.15
0.015
(d)
				For power-generating units numbers 1 and 2 of Southern California Edison's
				Mohave Generating Station, located in hydrographic area 213:
UNIT (Boiler)
NOx
SO2
PM10
Emission Limit (lb/106 Btu,
							 12-month rolling average)
Mass Emission Rate (lb/hr, 1-hr average)
Control Type
Emission Limit (lb/106 Btu,
							 30-day rolling average)
Control Type
Emission Limit (lb/106 Btu,
							 3-hr average)
Control Type
1
0.15
788
Low NOx burners
							 with over-fire air and conversion to pipeline natural gas only
0.0019
Conversion to pipeline natural gas
							 only
0.0077
Conversion to pipeline natural gas
							 only
2
0.15
788
0.0019
0.0077
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.221 - Adoption by reference and applicability of certain provisions of federal law and regulations

Current through June 11,
				2024
1. Title 40 C.F.R.
				§§ 51.100(s),
				51.100(nn)
				and 51.301 and Appendix S of 40 C.F.R. Part 51 are hereby adopted by reference
				as they existed on July 1, 2021.
2.
				Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on
				July 1, 2021.
3. Appendices M and W
				of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1,
				2021.
4. Title
				40 C.F.R. §
										52.21 is hereby adopted by reference as it
				existed on July 1, 2021.
5.
				Appendix E of 40 C.F.R. Part 52 is hereby adopted by reference as it existed on
				July 1, 2021.
6. The following
				subparts of 40 C.F.R. Part 60 are hereby adopted by reference:
(a) Subpart A, except §§ 60.4,
				60.8(b)(2), 60.8(b)(3), 60.8(g) and 60.11(e), as it existed on July 1,
				2021;
(b) Section 60.21 of Subpart
				B, as it existed on July 1, 2021;
(c) Subparts C, Cb, Cc, Cd, Ce, Cf, D, Da,
				Db, Dc, E, Ea, Eb, Ec, F, G, Ga, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q,
				R, S, Y, Z, AA, AAa, CC, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU,
				VV, VVa, WW, XX, AAA, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN,
				OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF,
				IIII, JJJJ, KKKK and QQQQ as they existed on July 1, 2021;
(d) Subpart XXX as it existed on February 14,
				2022; and
(e) Subparts OOOO and
				OOOOa as they existed on July 1, 2019.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.222 - Area sources (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n by R014-11, eff. 10-26-2011; R 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.224 - Public and confidential information

Current through June 11,
				2024
1. The Director
				shall maintain all public information obtained in the course of the performance
				of the duties set forth in
				NRS
				445B.100 to
				445B.845,
				inclusive, at 901 South Stewart Street, Suite 4001, Carson City, Nevada
				89701-5249.
2. The content of an
				operating permit is public information and cannot be certified as confidential
				information.
3. Information
				concerning the emission of a regulated air pollutant which has an ambient air
				quality standard or emission standard or has been designated as a hazardous air
				pollutant by the EPA cannot be certified as being confidential.
4. An owner or operator who submits
				information under a claim of confidentiality shall :
(a) Pay the fee of $1,000 for the request
				that the information be treated confidentially pursuant to this section and
				NRS
				445B.570; and
(b) Submit:
(1) One copy of the information to the
				Director; and
(2) One copy of the
				information to the Administrator.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.225 - Prohibited conduct: Concealment of emissions

Current through June
				11, 2024
No person may install, construct or use any device which
				  conceals any emission without reducing the total release of regulated air
				  pollutants to the atmosphere.
Environmental Comm'n,
				  Air Quality Reg. § 2.2.1, eff. 11-7-75-NAC A 10-22-87;
				  10-30-95
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.227 - Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; modification of required procedure

Current through June 11,
				2024
Except as otherwise provided in NAC 445B.001 to 445B.3689,
				  inclusive, no person may:
1. Operate a
				stationary source of air pollution unless the control equipment for air
				pollution which is required by applicable requirements or conditions of the
				permit is installed and operating.
2. Disconnect, alter, modify or remove any of
				the control equipment for air pollution or modify any procedure required by an
				applicable requirement or condition of the permit.
Environmental Comm'n,
				  Air Quality Reg. § 2.2.2, eff. 12-15-77-NAC A 10-14-82; 10-15-85; 8-22-86;
				  10-22-87; 3-29-94, eff. 1-11-96; 10-30-95; R040-10,
				  7-22-2010
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.229 - Hazardous emissions: Order for reduction or discontinuance

Current through June 11, 2024
Without limiting the authority of any state officer to
				  declare or to act on an emergency, the Director or local air pollution control
				  agency, upon determining that a generalized condition of air pollution exists
				  or that the emission from one or more stationary sources of regulated air
				  pollutants is causing a danger to human health or safety, may order persons
				  causing or contributing to the air pollution to immediately reduce or
				  discontinue all emission of contaminants.
Environmental Comm'n,
				  Air Quality Reg. § 2.4.1, eff. 11-7-75-NAC A
				  10-30-95
NRS
					 445B.210,
					 445B.450
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.230 - Plan for reduction of emissions

Current through June 11,
				2024
1. Any person who
				is able to cause or permit the emission of 100 tons (90.7 metric tons) or more
				per year of a regulated air pollutant, except for greenhouse gas emissions,
				from a stationary source shall prepare and submit to the Director a plan for
				reducing or eliminating that emission in accordance with the episode stages of
				alert, warning, and emergency as defined in the applicable state implementation
				plan.
2. Any person required to
				have an operating permit who is able to cause or permit the emission of less
				than 100 tons (90.7 metric tons) per year of a regulated air pollutant, except
				for greenhouse gas emissions, shall, upon written notice from the Director,
				prepare and submit to the Director a plan for reducing or eliminating that
				emission in accordance with the episode stages of alert, warning, and emergency
				as defined in the applicable state implementation plan.
3. The written notice required under
				subsection 2 must be transmitted in accordance with subsection 4 to all persons
				who are within the same classification of sources as defined in the
Standard Industrial Classification Manual
, adopted by
				reference in NAC 445B.221, and who are able to cause or permit the emission of
				less than 100 tons (90.7 metric tons) per year of a regulated air pollutant,
				except for greenhouse gas emissions.
4. Written notice shall be deemed to have
				been served if delivered to the person to whom addressed or if sent by
				registered or certified mail to the last known address of the person.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75-NAC A 10-30-95;
				  R125-04, 9-24-2004; R151-06, 9-18-2006; R015-11,
				  10-26-2011
NRS
					 445B.210,
					 445B.560
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.232 - Excess emissions: Scheduled maintenance, testing or repairs; notification of Director; malfunction, upset, start-up, shutdown or human error

Current through June 11, 2024
1. Scheduled maintenance or testing or
				scheduled repairs which may result in excess emissions of regulated air
				pollutants prohibited by NAC 445B.001 to 445B.3689, inclusive, must be approved
				in advance by the Director and performed during a time designated by the
				Director as being favorable for atmospheric ventilation.
2. Each owner or operator shall notify the
				Director of the proposed time and expected duration at least 30 days before any
				scheduled maintenance or testing which may result in excess emissions of
				regulated air pollutants prohibited by NAC 445B.001 to 445B.3689, inclusive.
				The scheduled maintenance or testing must not be conducted unless the scheduled
				maintenance or testing is approved pursuant to subsection 1.
3. Each owner or operator shall notify the
				Director of the proposed time and expected duration at least 24 hours before
				any scheduled repairs which may result in excess emissions of regulated air
				pollutants prohibited by NAC 445B.001 to 445B.3689, inclusive. The scheduled
				repairs must not be conducted unless the scheduled repairs are approved
				pursuant to subsection 1.
4. Each
				owner or operator shall notify the Director of any excess emissions within 24
				hours after any malfunction or upset of the process equipment or equipment for
				controlling pollution or during start-up or shutdown of that
				equipment.
5. Each owner or
				operator shall provide the Director, within 15 days after any malfunction,
				upset, start-up, shutdown or human error which results in excess emissions,
				sufficient information to enable the Director to determine the seriousness of
				the excess emissions. The information must include at least the following:
(a) The identity of the stack or other point
				of emission, or both, where the excess emissions occurred.
(b) The estimated magnitude of the excess
				emissions expressed in opacity or in the units of the applicable limitation on
				emission and the operating data and methods used in estimating the magnitude of
				the excess emissions.
(c) The time
				and duration of the excess emissions.
(d) The identity of the equipment causing the
				excess emissions.
(e) If the excess
				emissions were the result of a malfunction, the steps taken to remedy the
				malfunction and the steps taken or planned to prevent the recurrence of the
				malfunction.
(f) The steps taken to
				limit the excess emissions.
(g)
				Documentation that the equipment for controlling air pollution, process
				equipment or processes were at all times maintained and operated, to a maximum
				extent practicable, in a manner consistent with good practice for minimizing
				emissions.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.233 - Excess emissions: Determination of violation

Current through
				June 11, 2024
1. The
				Director shall determine from the submission of data and information required
				in subsection 5 of NAC
				445B.232
				or other information available to him or her that no violation occurred if:
(a) The excess emission was the result of a
				routine start-up or shutdown for purposes of controlling production;
(b) The amount and duration of the excess
				emissions were minimized to the extent practicable during the period of
				start-up or shutdown; and
(c) Any
				one of the following conditions existed:
(1)
				The effluent gas could not be passed through the equipment for controlling
				pollution without causing severe property damage.
(2) The effluent gas could not be passed
				through the equipment for controlling pollution without causing severe upset of
				the process.
(3) The excess
				emission was the result of igniter smoke which could not be controlled by the
				equipment for control used for normal operation.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.235 - Construction or modification: Determination by Director

Current
				through June 11, 2024
1.
				When requested to do so by an owner or operator, the Director will make a
				determination of whether action taken or intended to be taken by the owner or
				operator constitutes construction, including reconstruction, or modification or
				the commencement thereof within the meaning of NAC 445B.236.
2. The Director will respond to any request
				for a determination under subsection 1 within 60 days after receipt of the
				request.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.13.1 & 2.13.2, eff. 12-4-76-NAC A 12-13-93;
				  R096-05, 10-31-2005
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.236 - Construction or modification: Review of plans

Current through June
				11, 2024
1. When
				requested to do so by an owner or operator, the Director will review plans for
				construction or modification to provide technical advice to the owner or
				operator. A separate request must be submitted for each construction or
				modification project. Each request must identify the location of such projects
				and be accompanied by technical information describing the proposed nature,
				size, design and method of operation of each affected facility involved in the
				project, including information on any equipment to be used for measurement or
				control of emissions.
2. The
				Director shall respond to any request for review of plans under subsection 1
				within 60 days after receipt of the request.
3. Neither a request for a review of plans
				nor advice furnished by the Director in response to such request:
(a) Relieves an owner or operator of legal
				responsibility for compliance with any provision of this section or NAC
				445B.235, or of any applicable state or local requirement; or
(b) Prevents the Director from carrying out
				or enforcing any provision of this section or NAC 445B.235, or taking any other
				action authorized by the Act.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.239 - Modification: Rate of emission

Current through June 11,
				2024
1. The rate of
				emission must be expressed in pounds per hour of any regulated air pollutant
				discharged into the atmosphere for which a standard is applicable. The Director
				shall use the following to determine the rate of emission:
(a) Factors of emission as specified in the
				latest issue of
Compilation of Air Pollutant Emission Factors
,
				EPA Publication No. AP-42, or other factors of emission determined by the
				Director to be superior to those in that publication, in cases where the use of
				factors of emission demonstrates that the level of emission resulting from the
				physical or operational change will either clearly increase or clearly not
				increase; and
(b) Material
				balances, data from continuous monitors, or manual tests for emission in cases
				where the use of factors of emission does not demonstrate to the Director's
				satisfaction whether the level of emission resulting from the physical or
				operational change will either clearly increase or clearly not increase, or
				where an owner or operator demonstrates to the Director's satisfaction that
				there are reasonable grounds to dispute the result obtained by the Director
				using factors of emission.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.242 - Modification: Alterations which are not considered modifications

Current through June 11, 2024
The following are not by themselves considered modifications
				  under NAC 445B.235 to 445B.250, inclusive:
1. Maintenance, repair and replacement which
				the Director determines to be routine for a source category, subject to NAC
				445B.247.
2. An increase in the
				production rate of an existing facility, if that increase can be accomplished
				without a capital expenditure on the stationary source containing that
				facility, unless the change would be prohibited by an enforceable restriction
				on the permit.
3. An increase in
				the hours of operation, unless the change would be prohibited by an enforceable
				restriction on the permit.
4. Use
				of an alternative fuel or raw material if, before the date any standard under
				NAC 445B.235 to 445B.250, inclusive, becomes applicable to that source type,
				the existing facility was designed to accommodate that alternative use. A
				facility is considered to be designed to accommodate an alternative fuel or raw
				material if that use could be accomplished under the facility's construction
				specifications, as amended, before the change. Conversion to coal required for
				energy considerations, as specified in section 119(d)(5) of the Act, is not
				considered a modification.
5. The
				addition or use of any system or device whose primary function is the reduction
				of regulated air pollutants, except when an emission control system is removed
				or is replaced by a system which the Director determines to be less
				environmentally beneficial.
6. The
				relocation or change in ownership of an existing facility.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.14.5-2.14.5.6, eff. 12-4-76-NAC A 9-19-90; R
				  12-13-93, eff. 11-15-94; A 10-30-95; R105-97,
				  3-5-98
NRS 445B.210
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.247 - Reconstruction: Notice of replacement of components

Current through
				June 11, 2024
1. As used
				in NAC 445B.248 and 445B.250 and this section:
(a) "Reconstruction" means the replacement of
				components of an existing facility to such an extent that:
(1) The fixed capital cost of the new
				components exceeds 50 percent of the fixed capital cost that would be required
				to construct an entirely new comparable facility; and
(2) It is technologically and economically
				feasible to meet the applicable standards set forth in NAC 445B.248 and
				445B.250 and this section.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.248 - Reconstruction: Determination of whether replacement constitutes reconstruction

Current through June 11, 2024
1. The Director will determine, within 30
				days of the receipt of the notice required by subsection 2 of NAC 445B.247 and
				any additional information he or she may reasonably require, whether the
				proposed replacement constitutes reconstruction.
2. The Director's determination under
				subsection 1 must be based on:
(a) The fixed
				capital cost of the replacements in comparison to the fixed capital cost that
				would be required to construct an entirely new comparable facility;
(b) The estimated life of the facility after
				the replacements compared to the life of an entirely new comparable
				facility;
(c) The extent to which
				the components being replaced cause or contribute to the emissions from the
				facility; and
(d) Any economic or
				technical limitations on compliance with applicable standards of performance
				which are inherent in the proposed replacements.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.250 - Notification of Director: Construction, reconstruction and initial start-up; demonstration of continuous monitoring system performance

Current
				through June 11, 2024
Any owner or operator subject to the provisions of NAC
				  445B.001 to 445B.3689, inclusive, shall furnish the Director written
				  notification of:
1. The date that
				construction or reconstruction of an affected facility is commenced, postmarked
				no later than 30 days after such date. This requirement does not apply in the
				case of mass-produced facilities which are purchased in completed
				form.
2. The anticipated date of
				initial start-up of an affected facility, postmarked not more than 60 days and
				not less than 30 days before such date.
3. The actual date of initial start-up of an
				affected facility, postmarked within 15 days after such date.
4. The date upon which demonstration of the
				continuous monitoring system performance commences in accordance with NAC
				445B.256 to 445B.267, inclusive. Notification must be postmarked not less than
				30 days before such date.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76-NAC R 12-13-93,
				  eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; R096-05,
				  10-31-2005
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.252 - Testing and sampling

Current through June 11,
				2024
1. To determine
				compliance with NAC 445B.001 to 445B.3689, inclusive, before the approval or
				the continuance of an operating permit or similar class of permits, the
				Director may either conduct or order the owner of any stationary source to
				conduct or have conducted such testing and sampling as the Director determines
				necessary. Testing and sampling or either of them must be conducted and the
				results submitted to the Director within 60 days after achieving the maximum
				rate of production at which the affected facility will be operated, but not
				later than 180 days after initial start-up of the facility and at such other
				times as may be required by the Director.
2. Tests of performance must be conducted and
				data reduced in accordance with the methods and procedures of the test
				contained in each applicable subsection of this section unless the Director:
(a) Specifies or approves, in specific cases,
				the use of a reference method with minor changes in methodology;
(b) Approves the use of an equivalent
				method;
(c) Approves the use of an
				alternative method, the results of which the Director has determined to be
				adequate for indicating whether a specific stationary source is in compliance;
				or
(d) Waives the requirement for
				tests of performance because the owner or operator of a stationary source has
				demonstrated by other means to the Director's satisfaction that the affected
				facility is in compliance with the standard.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.255 - Monitoring guidelines

Current through June 11,
				2024
The Division may establish guidelines for monitoring a
				  stationary source.
Added to NAC by
				  Environmental Comm'n by R019-99, eff. 9-27-99
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.256 - Monitoring systems: Calibration, operation and maintenance of equipment

Current through June 11, 2024
The owners or operators of all stationary sources identified
				  in Appendix P of 40 C.F.R. § 51 (1.1 ) as amended from time to time, are
				  required to install, calibrate, operate and maintain all monitoring equipment
				  necessary for continuously monitoring the pollutants specified in Appendix P
				  for the applicable source category. Those stationary sources must meet the
				  basic requirements of Appendix P of 40 C.F.R. § 51 (2.0 et seq.).
Environmental Comm'n,
				  Air Quality Reg. §§ 2.17.10 & 2.17.10.1, eff. 4-4-77-NAC A
				  10-30-95
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.257 - Monitoring systems: Location

Current through June 11,
				2024
1. All continuous
				monitoring systems or monitoring devices must be installed so that
				representative measurements of emissions or process parameters from the
				affected facility are obtained. Additional procedures for location of
				continuous monitoring systems are contained in the applicable Performance
				Specifications of Appendix B of 40 C.F.R. § 60.
2. When the effluents from a single affected
				facility or two or more affected facilities subject to the same emission
				standards are combined before being released to the atmosphere, the owner or
				operator may install applicable continuous monitoring systems for each effluent
				or for the combined effluent. When the affected facilities are not subject to
				the same emission standards, separate continuous monitoring systems must be
				installed for each effluent. When the effluent from one affected facility is
				released to the atmosphere through more than one point, the owner or operator
				shall install applicable continuous monitoring systems on each separate
				effluent unless the installation of fewer systems is approved by the
				Director.
Environmental Comm'n,
				  Air Quality Reg. §§ 2.17.6 & 2.17.7, eff. 12-4-76-Substituted in
				  revision for NAC 445.684
NRS
					 445B.210,
					 445B.225
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.258 - Monitoring systems: Verification of operational status

Current
				through June 11, 2024
1.
				Unless otherwise approved by the Director or specified in NAC 445B.001 to
				445B.3689, inclusive, the requirements of this section apply to all continuous
				monitoring systems required under applicable provisions of those
				sections.
2. All continuous
				monitoring systems and monitoring devices must be installed and operational
				before conducting performance tests under NAC 445B.252. Verification of
				operational status must, as a minimum, consist of the following:
(a) For continuous monitoring systems
				referred to in subsection 2 of NAC 445B.259, completion of the conditioning
				period specified by applicable requirements in Appendix B of 40 C.F.R. Part
				60.
(b) For continuous monitoring
				systems referred to in NAC 445B.260, completion of 7 days of
				operation.
(c) For monitoring
				devices referred to in NAC 445B.256 to 445B.267, inclusive, completion of the
				manufacturer's written requirements or recommendations for checking the
				operation or calibration of the device.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › General Provisions › Section 445B.259 - Monitoring systems: Performance evaluations

Current through June
				11, 2024
1. During any
				performance tests required under NAC 445B.252 or within 30 days thereafter and
				at such other times as may be required by the Director under § 114 of the
				Act, the owner or operator of any affected facility shall conduct continuous
				evaluations of the performance of monitoring systems and furnish the Director
				within 60 days thereof two or upon request more copies of a written report of
				the results of such tests. These evaluations must be conducted in accordance
				with the specifications and procedures provided in this section and NAC
				445B.260.
2. Except as provided in
				NAC 445B.260, continuous monitoring systems listed within this subsection must
				be evaluated in accordance with the requirements and procedures contained in
				the applicable performance specification of Appendix B of 40 C.F.R. Part 60.
				Continuous monitoring systems for measuring:
(a) Opacity of emissions must comply with
				Performance Specification 1.
(b)
				Nitrogen oxides emissions must comply with Performance Specification
				2.
(c) Sulfur dioxide emissions
				must comply with Performance Specification 2.
(d) The oxygen and carbon dioxide content of
				effluent gases must comply with Performance Specification 3.