[Rev. 1/16/2008 10:48:46 AM]
AIR POLLUTION
Definitions
445B.001 Definitions.
445B.002 “Act” defined.
445B.003 “Adjacent properties” defined.
445B.0035 “Administrative revision to a Class I operating permit” defined.
445B.004 “Administrator” defined.
445B.005 “Affected facility” defined.
445B.006 “Affected source” defined.
445B.007 “Affected state” defined.
445B.009 “Air-conditioning equipment” defined.
445B.011 “Air pollution” defined.
445B.013 “Allowable emissions” defined.
445B.014 “Alteration” defined.
445B.015 “Alternative method” defined.
445B.016 “Alternative operating scenarios” defined.
445B.018 “Ambient air” defined.
445B.019 “Applicable requirement” defined.
445B.021 “Area source” defined.
445B.022 “Atmosphere” defined.
445B.028 “Best available control technology” defined.
445B.030 “British thermal units” defined.
445B.034 “Class I-A application” defined.
445B.035 “Class I-B application” defined.
445B.036 “Class I source” defined.
445B.037 “Class II source” defined.
445B.038 “Class III source” defined.
445B.042 “Combustible refuse” defined.
445B.0425 “Commission” defined.
445B.043 “Confidential information” defined.
445B.044 “Construction” defined.
445B.046 “Contiguous property” defined.
445B.047 “Continuous monitoring system” defined.
445B.049 “Criteria pollutant” defined.
445B.051 “Day” defined.
445B.053 “Director” defined.
445B.054 “Dispersion technique” defined.
445B.055 “Effective date of the program” defined.
445B.056 “Emergency” defined.
445B.058 “Emission” defined.
445B.059 “Emission unit” defined.
445B.060 “Enforceable” defined.
445B.061 “EPA” defined.
445B.062 “Equivalent method” defined.
445B.063 “Excess emissions” defined.
445B.064 “Excessive concentration” defined.
445B.065 “Existing facility” defined.
445B.066 “Existing stationary source” defined.
445B.068 “Facility” defined.
445B.069 “Federally enforceable” defined.
445B.070 “Federally enforceable emissions cap” defined.
445B.072 “Fuel” defined.
445B.073 “Fuel-burning equipment” defined.
445B.075 “Fugitive dust” defined.
445B.077 “Fugitive emissions” defined.
445B.080 “Garbage” defined.
445B.082 “General permit” defined.
445B.083 “Good engineering practice stack height” defined.
445B.084 “Hazardous air pollutant” defined.
445B.086 “Incinerator” defined.
445B.087 “Increment” defined.
445B.091 “Local air pollution control agency” defined.
445B.093 “Major modification” defined.
445B.094 “Major source” defined.
445B.0945 “Major stationary source” defined.
445B.095 “Malfunction” defined.
445B.096 “Maximum achievable control technology” defined.
445B.097 “Maximum allowable throughput” defined.
445B.099 “Modification” defined.
445B.103 “Monitoring device” defined.
445B.104 “Motor vehicle” defined.
445B.106 “Multiple-chamber incinerator” defined.
445B.107 “Nearby” defined.
445B.108 “New stationary source” defined.
445B.109 “Nitrogen oxides” defined.
445B.112 “Nonattainment area” defined.
445B.113 “Nonroad engine” defined.
445B.1135 “Nonroad vehicle” defined.
445B.114 “Nuisance” defined.
445B.116 “Odor” defined.
445B.117 “Offset” defined.
445B.119 “One-hour period” defined.
445B.121 “Opacity” defined.
445B.122 “Open burning” defined.
445B.123 “Operating permit” defined.
445B.124 “Operating permit to construct” defined.
445B.125 “Ore” defined.
445B.127 “Owner or operator” defined.
445B.129 “Particulate matter” defined.
445B.130 “Pathological wastes” defined.
445B.134 “Person” defined.
445B.1345 “Plantwide applicability limitation” defined.
445B.135 “PM10” defined.
445B.138 “Potential to emit” defined.
445B.141 “Preconstruction review” defined.
445B.142 “Prevention of significant deterioration of air quality” defined.
445B.144 “Process equipment” defined.
445B.145 “Process weight” defined.
445B.147 “Program” defined.
445B.148 “Proportional sampling” defined.
445B.151 “Reference conditions” defined.
445B.152 “Reference method” defined.
445B.153 “Regulated air pollutant” defined.
445B.154 “Renewal of an operating permit” defined.
445B.156 “Responsible official” defined.
445B.157 “Revision of an operating permit” defined.
445B.159 “Ringelmann Chart” defined.
445B.161 “Run” defined.
445B.163 “Salvage operation” defined.
445B.164 “Scheduled maintenance” defined.
445B.165 “Scheduled repair” defined.
445B.167 “Shutdown” defined.
445B.168 “Single-chamber incinerator” defined.
445B.172 “Six-minute period” defined.
445B.174 “Smoke” defined.
445B.176 “Solid waste” defined.
445B.177 “Source” defined.
445B.178 “Source reduction” defined.
445B.179 “Special mobile equipment” defined.
445B.180 “Stack” and “chimney” defined.
445B.182 “Standard” defined.
445B.185 “Start-up” defined.
445B.187 “Stationary source” defined.
445B.190 “Stop order” defined.
445B.194 “Temporary source” defined.
445B.196 “Toxic regulated air pollutant” defined.
445B.198 “Uncombined water” defined.
445B.200 “Violation” defined.
445B.202 “Volatile organic compounds” defined.
445B.205 “Waste” defined.
445B.207 “Wet garbage” defined.
445B.209 “Year” defined.
445B.211 Abbreviations.
General Provisions
445B.220 Severability.
445B.2201 Hazardous air pollutants and toxic regulated air pollutants: Identification.
445B.22013 Hazardous air pollutants and toxic regulated air pollutants: Prohibited discharge.
445B.22017 Visible emissions: Maximum opacity; determination and monitoring of opacity.
445B.2202 Visible emissions: Exceptions for stationary sources.
445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates.
445B.2203 Emissions of particulate matter: Fuel-burning equipment.
445B.22033 Emissions of particulate matter: Sources not otherwise limited.
445B.22037 Emissions of particulate matter: Fugitive dust.
445B.2204 “Sulfur emission” defined.
445B.22043 Sulfur emissions: Calculation of total feed sulfur.
445B.22047 Sulfur emissions: Fuel-burning equipment.
445B.2205 Sulfur emissions: Other processes which emit sulfur.
445B.22057 Allowable emissions of sulfur from specific sources: Units Numbers 1, 2 and 3 of Reid Gardner Power Station.
445B.2206 Allowable emissions of sulfur from specific sources: Unit Number 4 of Reid Gardner Power Station.
445B.22063 Allowable emissions of sulfur from specific sources: North Valmy Power Station.
445B.22067 Open burning.
445B.2207 Incinerator burning.
445B.22073 Municipal solid waste landfills.
445B.22077 Compliance with regulations.
445B.2208 Emission of hydrogen sulfide from certain facilities for generating electricity from geothermal brine.
445B.22083 Construction, major modification or relocation of plants to generate electricity using steam produced by burning of fossil fuels.
445B.22087 Odors.
445B.2209 Reduction of animal matter.
445B.22093 Organic solvents and other volatile compounds.
445B.22097 Standards of quality for ambient air.
445B.221 Adoption by reference and applicability of certain provisions of federal law and regulations.
445B.224 Public and confidential information.
445B.225 Prohibited conduct: Concealment of emissions.
445B.227 Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; modification of required procedure.
445B.229 Hazardous emissions: Order for reduction or discontinuance.
445B.230 Plan for reduction of emissions.
445B.232 Excess emissions: Scheduled maintenance, testing or repairs; notification of Director; malfunction, upset, start-up, shutdown or human error.
445B.233 Excess emissions: Determination of violation.
445B.235 Construction or modification: Determination by Director.
445B.236 Construction or modification: Review of plans.
445B.239 Modification: Rate of emission.
445B.242 Modification: Alterations which are not considered modifications.
445B.247 Reconstruction: Notice of replacement of components.
445B.248 Reconstruction: Determination of whether replacement constitutes reconstruction.
445B.250 Notification of Director: Construction, reconstruction and initial start-up; demonstration of continuous monitoring system performance.
445B.252 Testing and sampling.
445B.254 Exceptional event: Review of data concerning air quality collected in affected area; determination.
445B.255 Monitoring guidelines.
445B.256 Monitoring systems: Calibration, operation and maintenance of equipment.
445B.257 Monitoring systems: Location.
445B.258 Monitoring systems: Verification of operational status.
445B.259 Monitoring systems: Performance evaluations.
445B.260 Monitoring systems: Components contracted for before September 11, 1974.
445B.261 Monitoring systems: Adjustments.
445B.262 Monitoring systems: Measurement of opacity.
445B.263 Monitoring systems: Frequency of operation.
445B.264 Monitoring systems: Recordation of data.
445B.265 Monitoring systems: Records; reports.
445B.267 Alternative monitoring procedures or requirements.
445B.271 Use of alternative method or equivalent method to determine compliance with permit.
445B.273 Schedules for compliance.
445B.275 Violations: Acts constituting; notice.
445B.277 Stop orders.
445B.279 Appeal of Director’s decision: Application forms.
445B.281 Violations: Classification; administrative fines.
445B.283 Violations: Manner of paying fines.
Operating Permits Generally
445B.287 Operating permits: General requirements; exception; restrictions on transfers.
445B.288 Operating permits: Exemptions from requirements; insignificant activities.
445B.2915 Informal review of proposed new major source or proposed modification of existing major source.
445B.295 Application: General requirements.
445B.296 Application: Requests for inclusion of additional provisions.
445B.297 Application: Submission; certification; additional information.
445B.298 Application: Official date of submittal.
445B.305 Operating permits: Imposition of more stringent standards for emissions.
445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.
445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.
445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.
445B.313 Method for determining heat input: Class I sources.
445B.3135 Method for determining heat input: Class II sources.
445B.314 Method for determining heat input: Class III sources.
445B.315 Contents of operating permits: Exception for operating permits to construct; required conditions.
445B.318 Operating permits: Requirement for each source; form of application; issuance or denial; posting.
445B.319 Operating permits: Administrative amendment.
445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.
445B.326 Operating permits: Assertion of emergency as affirmative defense to action for noncompliance.
445B.3265 Operating permits: Revocation and reissuance.
445B.327 Fees; late penalty.
445B.331 Request for change of location of emission unit.
Class I Operating Permits
445B.3361 General requirements.
445B.3363 Operating permit to construct: Application.
445B.33637 Operating permit to construct for approval of plantwide applicability limitation: Application.
445B.3364 Operating permit to construct: Action by Director on application; notice; public comment and hearing.
445B.3365 Operating permit to construct: Contents; noncompliance with conditions.
445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance with conditions.
445B.3366 Expiration and extension of operating permit to construct; expiration and renewal of plantwide applicability limitation.
445B.3368 Additional requirements for application; exception.
445B.337 Class I-A application: Filing requirement.
445B.3375 Class I-B application: Filing requirement.
445B.338 Class I-A application: Period for filing; effect of application and previous permits.
445B.3385 Class I-A application: Schedule for filing.
445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of permit.
445B.340 Prerequisites to issuance, revision or renewal of permit.
445B.3405 Required contents of permit.
445B.342 Certain changes authorized without revision of permit; notification of authorized changes.
445B.3425 Minor revision of permit.
445B.344 Significant revision of permit.
445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.
445B.3443 Renewal of permit.
445B.3447 Class I general permit.
Class II Operating Permits
445B.3453 Application: General requirements.
445B.3457 Action by Director on application; notice; public comment and hearing; expiration of permit.
445B.346 Required contents of permit.
445B.3465 Application for revision.
445B.3473 Renewal of permit.
445B.3477 Class II general permit.
Class III Operating Permits
445B.3485 Application: General requirements.
445B.3487 Action by Director on application; expiration of permit.
445B.3489 Required contents of permit.
445B.3493 Application for revision.
445B.3497 Renewal of permit.
Nevada Mercury Air Emissions Control Program
445B.3611 Definitions.
445B.3613 “De minimis mercury emissions” defined.
445B.3615 “Existing thermal unit that emits mercury” defined.
445B.3617 “Mercury” defined.
445B.3619 “Mercury co-product” defined.
445B.3621 “Mercury early reduction credit” defined.
445B.3623 “Mercury emissions” defined.
445B.3625 “Mercury operating permit to construct” defined.
445B.3627 “Modified thermal unit that emits mercury” defined.
445B.3629 “Nevada maximum achievable control technology” and “NvMACT” defined.
445B.3631 “New thermal unit that emits mercury” defined.
445B.3633 “Phase-1 application” defined.
445B.3635 “Phase-2 application” defined.
445B.3637 “Precious metals mining” defined.
445B.3639 “Presumptive Nevada maximum achievable control technology” and “presumptive NvMACT” defined.
445B.3641 “Thermal unit” defined.
445B.3643 “Thermal unit that emits mercury” defined.
445B.3645 “Tier-1 thermal unit that emits mercury” defined.
445B.3647 “Tier-2 thermal unit that emits mercury” defined.
445B.3649 “Tier-3 thermal unit” defined.
445B.3651 Identification of technologies that constitute presumptive NvMACT.
445B.3653 Identification of tier-1 thermal units that emit mercury.
445B.3655 Establishment and implementation of Nevada Mercury Air Emissions Control Program.
445B.3657 Determination by Director of de minimis mercury emissions.
445B.3659 Application of NvMACT required for control of mercury emissions.
445B.3661 Mercury operating permits to construct: General requirements; restrictions on transfers.
445B.3663 Mercury operating permits to construct: Duties of owner or operator of stationary source which conducts precious metals mining; form of application.
445B.3665 Duties of owner or operator of tier-3 thermal unit.
445B.3667 Existing thermal unit that emits mercury: Deadlines for submission of phase-1 and phase-2 applications.
445B.3669 Existing thermal unit that emits mercury: Submission of phase-1 application following determination of de minimis mercury emissions.
445B.3671 Existing thermal unit that emits mercury: Contents of required applications.
445B.3673 Existing thermal unit that emits mercury: Contents of phase-1 application; sampling and testing for tier-1 thermal unit.
445B.3675 Existing thermal unit that emits mercury: Contents of phase-2 application.
445B.3677 Review of and action on application for tier-1 or tier-2 thermal unit that emits mercury.
445B.3679 Mercury operating permit to construct for tier-1 or tier-2 thermal unit that emits mercury: Required conditions and information.
445B.3681 New or modified thermal unit that emits mercury: Contents of required application.
445B.3683 Review of and action on application for new or modified thermal unit that emits mercury.
445B.3685 Mercury operating permit to construct for new or modified thermal unit that emits mercury: Required conditions and information.
445B.3687 Mercury operating permit to construct for new or modified thermal unit that emits mercury: Expiration and extension.
445B.3689 Fees: Determination, payment and collection; late penalty.
Nevada Clean Air Mercury Rule Program
445B.3711 Definitions.
445B.3713 “Clean Air Mercury Rule operating permit to construct” and “CAMR operating permit to construct” defined.
445B.3715 “Compliance account” defined.
445B.3717 “Control period” defined.
445B.3719 “Emissions” defined.
445B.3721 “Excess emissions” defined.
445B.3723 “Existing mercury budget unit” defined.
445B.3725 “Low emitting unit/Integrated gasification combined cycle allocation account” and “LEU/IGCC allocation account” defined.
445B.3727 “Mercury allowance” defined.
445B.3729 “Mercury allowance tracking system” defined.
445B.3731 “Mercury allowance tracking system account” defined.
445B.3733 “Mercury baseline emission period” defined.
445B.3735 “Mercury budget source” defined.
445B.3737 “Mercury budget trading program” defined.
445B.3739 “Mercury budget unit” defined.
445B.3741 “Mercury designated representative” defined.
445B.3743 “Monitoring system” defined.
445B.3745 “New mercury budget unit” defined.
445B.3747 “New source allocation account” defined.
445B.3749 “Operator” defined.
445B.3751 “Ounce” defined.
445B.3753 “Owner” defined.
445B.3755 “Recordation” and “recorded” defined.
445B.3757 “Source” defined.
445B.3759 “Special allocation account” defined.
445B.3761 “Unit” defined.
445B.3763 CAMR operating permit to construct: Duties of owner or operator of mercury budget source.
445B.3765 CAMR operating permit to construct: Application for revision.
445B.3767 CAMR operating permit to construct: Contents of applications.
445B.3769 CAMR operating permit to construct: Action by Director on applications.
445B.3771 CAMR operating permit to construct: Contents; noncompliance with conditions.
445B.3773 CAMR operating permit to construct: Expiration.
445B.3775 Trading budgets for annual allocations of mercury allowances for Nevada.
445B.3777 Director: Submission of mercury allowance allocations to Administrator.
445B.3779 Director: Establishment of certain mercury allowance tracking system accounts; notification of Administrator of allocation distribution for each control period.
445B.3781 Director: Determination of mercury allowance allocations for certain mercury budget units.
445B.3783 Annual requests for certain transfers between mercury allowance tracking system accounts; mercury allowances for certain pollution control projects.
445B.3785 Requests for mercury allowance allocations for new source allocation accounts; annual requests for certain transfers between mercury allowance tracking system accounts; administration of certain unallocated allowances from new source allocation accounts.
445B.3787 Distribution of mercury allowances from LEU/IGCC allocation accounts for mercury budget units qualifying as level I or level II mercury emission units; periodic reevaluation of LEU/IGCC allocation account emission rates.
445B.3789 Mercury allowances in special allocation account: Authority of Director.
445B.3791 Fees; late penalty.
EMISSIONS FROM ENGINES
General Provisions
445B.400 Scope.
445B.401 Definitions.
445B.403 “Approved inspector” defined.
445B.4045 “Authorized inspection station” defined.
445B.405 “Authorized station” defined.
445B.408 “Carbon monoxide” defined.
445B.409 “Certificate of compliance” defined.
445B.4092 “Certified on-board diagnostic system” defined.
445B.4096 “Class 1 approved inspector” defined.
445B.4097 “Class 1 fleet station” defined.
445B.4098 “Class 2 approved inspector” defined.
445B.4099 “Class 2 fleet station” defined.
445B.410 “CO2” defined.
445B.411 “Commission” defined.
445B.413 “Department” defined.
445B.415 “Director” defined.
445B.416 “Emission” defined.
445B.418 “EPA” defined.
445B.419 “Established place of business” defined.
445B.420 “Evidence of compliance” defined.
445B.421 “Exhaust emissions” defined.
445B.422 “Exhaust gas analyzer” defined.
445B.424 “Fleet station” defined.
445B.4247 “Gross vehicle weight rating” defined.
445B.426 “Heavy-duty motor vehicle” defined.
445B.427 “Hydrocarbon” defined.
445B.428 “Hz” defined.
445B.432 “Light-duty motor vehicle” defined.
445B.433 “Mini motor home” defined.
445B.434 “Motor home” defined.
445B.435 “Motor vehicle” defined.
445B.440 “New motor vehicle” defined.
445B.442 “Opacity” defined.
445B.443 “Person” defined.
445B.444 “ppm” defined.
445B.449 “Smoke” defined.
445B.450 “Special mobile equipment” defined.
445B.451 “Standard” defined.
445B.4515 “State electronic data transmission system” defined.
445B.452 “Tampering” defined.
445B.4525 “Test station” defined.
445B.453 “Truck” defined.
445B.454 “Used motor vehicle” defined.
445B.455 “Van conversion” defined.
445B.4553 “Vehicle inspection report” defined.
445B.4556 “Vehicle inspection report number” defined.
445B.456 Severability.
Facilities for Inspection and Maintenance
445B.460 Test station: License required to operate; expiration of license; ratings; performance of certain services; prohibited acts; location.
445B.461 Compliance by Federal Government, state agencies and political subdivisions.
445B.462 Test station: Application for license to operate; inspection of premises; issuance of license.
445B.463 Test station: Grounds for denial, revocation or suspension of license; reapplication; permanent revocation of license.
445B.464 Test station: Hearing concerning denial, suspension or revocation of license.
445B.465 Authorized station or authorized inspection station: Requirements for bond or deposit.
445B.466 Authorized station or authorized inspection station: Liability under bond or deposit; suspension and reinstatement of licenses.
445B.467 Authorized station or authorized inspection station: Disbursement, release or refund of bond or deposit.
445B.468 Authorized stations and authorized inspection stations: Scope of coverage of bond or deposit.
445B.469 Authorized station or authorized inspection station: Posting of signs and placards.
445B.470 Test station: Display of licenses; availability of reference information.
445B.471 Test station: Advertising; provision by Department of certain informational material for public.
445B.472 Test station: Records of inspections and repairs; inspection of place of business; audit of exhaust gas analyzers.
445B.473 Test station: Notice of wrongfully distributed or received vehicle inspection reports; inventory of vehicle inspection reports.
445B.474 Test station: Failure to employ approved inspector.
445B.475 Authorized station or class 2 fleet station: Requirements for employees.
445B.476 Test station: Willful failure to comply with directive; suspension of license; reapplication after revocation of license.
445B.478 Fleet station: Licensing; powers and duties.
445B.480 Test station: Requirements concerning business hours.
Inspectors
445B.485 Prerequisites to licensing.
445B.486 Examination of applicants for licensing.
445B.487 Denial of license.
445B.489 Grounds for denial, suspension or revocation of license.
445B.490 Hearing on suspension or revocation of license.
445B.491 Temporary suspension or refusal to renew license.
445B.492 Duration of suspension; surrender of license.
445B.493 Limitation on reapplication after revocation or denial of license; surrender of revoked license; permanent revocation of license.
445B.495 Contents of license.
445B.496 Expiration of license.
445B.497 Requirements for renewal of license.
445B.498 Performance of emission inspection without license prohibited; expiration of license; license ratings.
445B.4983 Issuance of access code to approved inspector; use of access code and identification number.
445B.4985 Violations.
445B.499 Fees.
445B.501 Report of change in place of employment or termination of employment.
445B.502 Submission of certificate of employment to report change.
Exhaust Gas Analyzers
445B.5049 Connection to state electronic data transmission system.
445B.505 Availability of list of approved analyzers and their specifications.
445B.5052 Approved analyzer: Use and equipment; deactivation by Department.
445B.5055 Revocation of approval of analyzer.
445B.5065 Manufacturer of approved analyzer: Required warranty.
445B.5075 Manufacturer of approved analyzer: Required services; administrative fine for violations.
Control of Emissions: Generally
445B.575 Device to control pollution: General requirement; alteration or modification.
445B.576 Vehicles powered by gasoline or diesel fuel: Restrictions on visible emissions and on idling of diesel engines.
445B.577 Devices used on stationary rails: Restrictions on visible emissions.
445B.578 Exceptions to restrictions on visible emissions.
445B.579 Inspection of vehicle: Devices for emission control required.
445B.580 Inspection of vehicle: Procedure for certain vehicles with model year of 1995 or older and heavy-duty vehicles with model year of 1996 or newer.
445B.5805 Inspection of vehicle: Procedure for light-duty vehicles with model year of 1996 or newer.
445B.581 Inspection of vehicle: Place and equipment for performance.
445B.5815 Inspection of vehicle: Certified on-board diagnostic systems.
445B.582 Repair of vehicle; reinspection or retesting.
445B.583 Evidence of compliance: Purpose; records.
445B.584 Evidence of compliance: Purchase of vehicle inspection report numbers.
445B.585 Evidence of compliance: Issuance by approved inspector.
445B.586 Evidence of compliance: Return of fee.
445B.587 Testing of light-duty motor vehicles powered by diesel engines: Equipment for measurement of smoke opacity.
445B.588 Testing of light-duty motor vehicles powered by diesel engines: List of approved equipment.
445B.589 Testing of light-duty motor vehicles powered by diesel engines: Procedure; certificate of compliance; effect of failure; lack of proper fuel cap.
445B.5895 Dissemination of list of authorized stations.
445B.590 Waiver of standards for emissions.
445B.591 Form for registration of vehicle in area where inspection of vehicle not required.
445B.5915 Requirements for registration of vehicle temporarily being used and maintained in another state.
445B.592 Applicability of certain standards for emissions and other requirements.
445B.593 Evidence of compliance required for certain vehicles based in Clark County.
445B.594 Evidence of compliance required for certain vehicles based in Washoe County.
445B.595 Inspections of vehicles owned by State or political subdivisions or operated on federal installations.
445B.596 Standards for emissions.
445B.598 Imposition and statement of fee for inspection and testing; listing of stations and fees.
445B.599 Prescription and notice of maximum fees for inspections and testing.
445B.600 Procedure for setting new fee.
445B.601 Concealment of emissions prohibited.
Restored Vehicles
445B.6115 Exemption of vehicle from certain provisions.
445B.6125 Certification of vehicle for exemption.
Inspection of Test Stations and Approved Inspectors
445B.7015 Annual and additional inspections.
445B.7025 Alteration of emission control system of vehicle used to conduct inspection.
445B.7035 Preliminary written notice of violation; reinspection of vehicle.
445B.7045 Administrative fines and other penalties for certain violations.
Miscellaneous Provisions
445B.727 Administrative fines and other penalties.
445B.735 Program for licensure to install, repair and adjust devices for control of emissions.
Control of Emissions: Heavy-Duty Motor Vehicles
445B.737 Definitions.
445B.739 “Certification level” defined.
445B.740 “Citation” defined.
445B.7405 “Commission” defined.
445B.741 “Demonstration of correction” defined.
445B.742 “Department” defined.
445B.743 “Director” defined.
445B.744 “Driver” defined.
445B.745 “Emission control label” defined.
445B.746 “Emission control system” defined.
445B.747 “Fleet” defined.
445B.749 “Heavy-duty motor vehicle” defined.
445B.750 “Inspection procedure” defined.
445B.751 “Inspector” defined.
445B.755 “Officer” defined.
445B.756 “Opacity” defined.
445B.757 “Post-repair test” defined.
445B.758 “Repair facility” defined.
445B.759 “Smokemeter” defined.
445B.760 “Snap-idle cycle” defined.
445B.761 “Tampered” defined.
445B.762 “Test procedure” defined.
445B.765 Applicability.
445B.7665 Standards of opacity; citation for violation; equipment for measurement.
445B.767 Specifications for equipment for measurement of smoke opacity; test procedure.
445B.768 Components of vehicle subject to inspection for tampered or defective conditions.
445B.7685 Missing emission control label: Replacement; effect on standard of opacity.
445B.769 Duties of driver of vehicle selected for inspection; duties of inspector.
445B.770 Refusal of owner or driver to submit vehicle to inspection.
445B.771 Demonstration of correction of vehicle after issuance of citation; post-repair or inspection required by Director under certain circumstances.
445B.772 Removal of vehicle from service for outstanding citations; release and repair of vehicle.
445B.773 Request for administrative hearing.
445B.774 Waiver from standard of opacity.
GRANTS FROM POLLUTION CONTROL ACCOUNT
445B.850 Definitions.
445B.853 Advisory Committee on the Control of Emissions From Motor Vehicles: Creation; membership; Chairman.
445B.855 Advisory Committee on the Control of Emissions From Motor Vehicles: Term of Chairman; terms, salaries and removal of members.
445B.857 Advisory Committee on the Control of Emissions From Motor Vehicles: Meetings; quorum; minutes.
445B.859 Eligibility for grant.
445B.861 Application for grant: Submission; contents.
445B.863 Application for grant: Action by Committee.
445B.865 Application for grant: Consideration of Committee’s recommendation; submission to Interim Finance Committee; agreement concerning grant.
445B.867 Period of grant; return of unexpended money; authorization to expend money for additional fiscal year.
445B.869 Quarterly reports by recipient of grant.
445B.871 Termination of grant or suspension of payments; denial of or refusal to consider application for grant.
445B.873 Prerequisites to award of grant.
PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION
445B.875 Definitions.
445B.877 “Appellant” defined.
445B.879 “Commission” defined.
445B.881 “Department” defined.
445B.882 “Director” defined.
445B.884 “Person” defined.
445B.886 Petitions to adopt, file, amend or repeal regulations.
445B.888 Declaratory orders, advisory opinions.
445B.890 Request for hearing.
445B.891 Notice of hearing.
445B.8915 Intervention in certain proceedings.
445B.892 Subpoenas.
445B.8925 Briefs.
445B.893 Panels to conduct certain hearings; decision of panel.
445B.894 Change in time or place of hearing; informal disposition of matter.
445B.895 Appearance of parties; procedure at hearing.
445B.8953 Conduct at hearing; maintenance of order.
445B.8957 Consolidation of proceedings.
445B.896 Findings of Commission.
445B.897 Record of hearing.
445B.899 Petitions for reconsideration or rehearing.
AIR POLLUTION
Definitions
NAC 445B.001 Definitions. (NRS 445B.210) As used in NAC 445B.001 to 445B.3791, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Environmental Comm’n, 12-5-84; 10-15-85; 8-22-86; 9-25-87; 10-22-87; 12-15-88; 12-8-89; 9-13-91; 12-26-91; 9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R189-05, 5-4-2006; R162-06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007)
NAC 445B.002 “Act” defined. (NRS 445B.210) “Act” means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended.
[Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.432)
NAC 445B.003 “Adjacent properties” defined. (NRS 445B.210) “Adjacent properties” means parcels of land that lie near each other or in close proximity.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4325)
NAC 445B.0035 “Administrative revision to a Class I operating permit” defined. (NRS 445B.210) “Administrative revision to a Class I operating permit” means a revision of an existing Class I operating permit that incorporates the relevant conditions of an operating permit to construct.
(Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)
NAC 445B.004 “Administrator” defined. (NRS 445B.210) “Administrator” means the Administrator of the United States Environmental Protection Agency or the Administrator’s representative or delegate.
[Environmental Comm’n, Air Quality Reg. § 1.2.5, eff. 10-16-80]—(NAC A 10-14-82)—(Substituted in revision for NAC 445.433)
NAC 445B.005 “Affected facility” defined. (NRS 445B.210) “Affected facility” means, with reference to a stationary or temporary source, any apparatus to which a standard is applicable.
[Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79]—(NAC A 10-22-87; 10-30-95)
NAC 445B.006 “Affected source” defined. (NRS 445B.210) “Affected source” means a stationary source subject to the requirements relating to acid rain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R040-01, 10-25-2001)
NAC 445B.007 “Affected state” defined. (NRS 445B.210) “Affected state” means a state that is within 50 miles of a Class I source located in this State, or a state that is contiguous to this State whose air quality may be affected by emissions from a Class I source located in this State.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4346)
NAC 445B.009 “Air-conditioning equipment” defined. (NRS 445B.210) “Air-conditioning equipment” means equipment utilized to heat or cool the interior of a building or structure.
[Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79]—(Substituted in revision for NAC 445.435)
NAC 445B.011 “Air pollution” defined. (NRS 445B.210) “Air pollution” has the meaning ascribed to it in NRS 445B.115.
[Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98)
NAC 445B.013 “Allowable emissions” defined. (NRS 445B.210) “Allowable emissions” means the emissions from a stationary source at its designed maximum capacity or at its actual maximum capacity, whichever is greater, except as reduced by any federally enforceable limitations on its emissions which are established:
1. By Nevada laws or regulations;
2. By any applicable requirement; or
3. By conditions of the stationary source’s operating permit, imposed on the emission rate, the type or amount of materials combusted or processed, the operating rates, the hours of operation, or any other factor limiting production or emission, whichever is most stringent.
[Environmental Comm’n, Air Quality Reg. § 1.6.5, eff. 10-16-80]—(NAC A 10-22-87; 12-13-93; 10-30-95; R096-05, 10-31-2005)
NAC 445B.014 “Alteration” defined. (NRS 445B.210) “Alteration” means any addition to, or enlargement, replacement, modification or change of the design, capacity, process, arrangement, operating hours or control apparatus that will affect the kind or amount of regulated air pollutants emitted.
(Added to NAC by Environmental Comm’n, eff. 12-8-89; A 10-30-95)
NAC 445B.015 “Alternative method” defined. (NRS 445B.210) “Alternative method” means any method of sampling and analyzing for a regulated air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the Director that, in specific cases, it produces results adequate to determine compliance.
[Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79]—(NAC A 10-30-95)
NAC 445B.016 “Alternative operating scenarios” defined. (NRS 445B.210) “Alternative operating scenarios” means two or more modes or types of operation specifically identified by a stationary source in its application and approved by the Director as a condition or as conditions of the source’s operating permit.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95)
NAC 445B.018 “Ambient air” defined. (NRS 445B.210) “Ambient air” means that portion of the atmosphere which is external to buildings, structures, facilities or installations to which the public has access.
[Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.441)
NAC 445B.019 “Applicable requirement” defined. (NRS 445B.210) “Applicable requirement” means, as applied to a stationary source:
1. Any standard or other relevant requirement:
(a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.3791, inclusive, except for the standards for ambient air established in NAC 445B.22097;
(b) Provided in the applicable implementation plan approved or adopted by the EPA pursuant to 42 U.S.C. §§ 7401 to 7515, inclusive;
(c) For a hazardous air pollutant adopted pursuant to 42 U.S.C. § 7412, including any requirement regarding the prevention of accidental releases;
(d) For a program to control acid rain adopted pursuant to 42 U.S.C. §§ 7651 to 7651o, inclusive;
(e) For enhanced monitoring or for compliance certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 7661c(b);
(f) For solid waste incineration units adopted pursuant to 42 U.S.C. § 7429;
(g) For consumer and commercial products or tank vessels adopted pursuant to 42 U.S.C. § 7511b; and
(h) For the protection of stratospheric ozone adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive, unless the Administrator determines that such provisions are not required in an operating permit;
2. A new source performance standard adopted pursuant to 42 U.S.C. § 7411;
3. Any term or condition of any permit issued pursuant to the requirements of 42 U.S.C. §§ 7401 to 7515, inclusive, including provisions regarding the prevention of significant deterioration of air quality and new source review; and
4. Any national ambient air quality standard or requirement regarding increments or visibility adopted pursuant to 42 U.S.C. §§ 7470 to 7492, inclusive, as the standard applies to a temporary source for which the owner or operator has applied for and obtained an operating permit pursuant to NAC 445B.287 to 445B.3497, inclusive.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R105-97, 3-5-98)
NAC 445B.021 “Area source” defined. (NRS 445B.210) “Area source” means any stationary source of hazardous air pollutants that is not a major source.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4425)
NAC 445B.022 “Atmosphere” defined. (NRS 445B.210) “Atmosphere” means all the air surrounding the earth and external to buildings and structures.
[Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renumbered as § 1.13, 8-28-79]—(Substituted in revision for NAC 445.444)
NAC 445B.028 “Best available control technology” defined. (NRS 445B.210) For a stationary source that is subject to the provisions of 40 C.F.R. § 52.21, “best available control technology” has the meaning ascribed to it in 40 C.F.R. § 52.21, as incorporated by reference in NAC 445B.221.
[Environmental Comm’n, Air Quality Reg. Art. 1 part § 1, eff. 8-28-79]—(NAC A 10-22-87; 9-19-90; 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96)
NAC 445B.030 “British thermal units” defined. (NRS 445B.210) “British thermal units (Btu)” means that quantity of heat required to raise the temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees Fahrenheit at a constant, absolute pressure of 14.7 pounds per square inch (29.92 inches of mercury).
[Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.457)
NAC 445B.034 “Class I-A application” defined. (NRS 445B.210) “Class I-A application” means an application for a Class I operating permit that is required for any existing source which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.4615)
NAC 445B.035 “Class I-B application” defined. (NRS 445B.210) “Class I-B application” means an application for a Class I operating permit that is required for any new stationary source or significant modification to an existing stationary source which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)
NAC 445B.036 “Class I source” defined. (NRS 445B.210) “Class I source” means any stationary source:
1. Which is subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive;
2. For which the owner or operator has proposed the construction of a major modification; or
3. Which is a major stationary source.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R125-04, 9-24-2004)
NAC 445B.037 “Class II source” defined. (NRS 445B.210) “Class II source” means any stationary source which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive, but which is otherwise subject to the requirements of NAC 445B.001 to 445B.3791, inclusive. The term does not include a stationary source that is operating under a Class III operating permit issued pursuant to NAC 445B.001 to 445B.3791, inclusive.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96; R040-01, 10-25-2001)
NAC 445B.038 “Class III source” defined. (NRS 445B.210) “Class III source” means a stationary source which is subject to the requirements set forth in NAC 445B.001 to 445B.3791, inclusive, and:
1. Which emits or has the potential to emit, individually or in combination, a total of not more than 5 tons per year of PM10, NOx, SO2, VOC and H2S;
2. Which emits less than 1,000 pounds of lead per year;
3. Which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive;
4. Which is not subject to the requirements of 40 C.F.R. Part 60;
5. Which is not subject to the requirements of 40 C.F.R. Part 61;
6. Which is not a temporary source;
7. Which is not located at or a part of another stationary source;
8. Which does not operate a thermal unit that emits mercury, as defined in NAC 445B.3643; and
9. Whose owner or operator:
(a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63; or
(b) Is not required to obtain an operating permit to operate the stationary source solely to comply with NAC 445B.22037 relating to surface area disturbances.
(Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R189-05, 5-4-2006)
NAC 445B.042 “Combustible refuse” defined. (NRS 445B.210) “Combustible refuse” means any waste material which can be consumed by combustion.
[Environmental Comm’n, Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35, 12-4-76]—(Substituted in revision for NAC 445.472)
NAC 445B.0425 “Commission” defined. (NRS 445B.210) “Commission” has the meaning ascribed to it in NRS 445B.120.
(Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R105-97, 3-5-98)
NAC 445B.043 “Confidential information” defined. (NRS 445B.210) “Confidential information” has the meaning ascribed to it in subsection 6 of NRS 445B.570.
[Environmental Comm’n, Air Quality Reg. §§ 1.15-1.15.3, eff. 11-7-75; A and renumbered as § 1.41, 12-4-76]—(NAC A 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.477)
NAC 445B.044 “Construction” defined. (NRS 445B.210) “Construction” means any physical change or change in the method of operation of an emission unit, including, without limitation, the fabrication, erection, installation or modification of an emission unit.
[Environmental Comm’n, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC A by R105-97, 3-5-98; R096-05, 10-31-2005)
NAC 445B.046 “Contiguous property” defined. (NRS 445B.210) “Contiguous property” means any property under single or joint ownership or operatorship which is in physical contact, touching, near or adjoining. Public property or a public right-of-way shall not be deemed as a break in any otherwise contiguous property.
[Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43, 12-4-76]—(Substituted in revision for NAC 445.479)
NAC 445B.047 “Continuous monitoring system” defined. (NRS 445B.210) “Continuous monitoring system” means the equipment required for monitoring emissions which is used to sample and, if applicable, condition, to analyze, and to provide a permanent record of emissions or process parameters.
[Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.480)
NAC 445B.049 “Criteria pollutant” defined. (NRS 445B.210) “Criteria pollutant” means a regulated air pollutant for which the Administrator has established a national ambient air quality standard.
(Added to NAC by Environmental Comm’n, eff. 12-13-93; A 10-30-95)
NAC 445B.051 “Day” defined. (NRS 445B.210) “Day” means a 24-hour period which begins at midnight.
[Environmental Comm’n, Air Quality Reg. § 1.51, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.486)
NAC 445B.053 “Director” defined. (NRS 445B.210) “Director” means the Director of the State Department of Conservation and Natural Resources or his designee or a person designated by or pursuant to a county or city ordinance or regional agreement or regulation to enforce local air pollution control ordinances and regulations.
[Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.488)
NAC 445B.054 “Dispersion technique” defined. (NRS 445B.210)
1. “Dispersion technique” means any technique that attempts to affect the concentration of a pollutant in the ambient air by:
(a) Using that portion of a stack which exceeds good engineering practice stack height;
(b) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
(c) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters or stack parameters, combining exhaust gases from several existing stacks into one stack or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
2. The term does not include:
(a) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream.
(b) The merging of exhaust gas streams where:
(1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams;
(2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of “dispersion techniques” applies only to the emission limitation for the pollutant affected by such a change in operation; or
(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence before the merging, an increase in the quantity of pollutants actually emitted before the merging, the Director shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such an intent, the Director shall deny credit for the effects of such merging in calculating the allowable emissions for the source.
(c) Smoke management in agricultural or silvicultural prescribed burning programs.
(d) Episodic restrictions on residential woodburning and open burning.
(e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
(Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)
NAC 445B.055 “Effective date of the program” defined. (NRS 445B.210) “Effective date of the program” means the date on which the Administrator approves the program.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.4915)
NAC 445B.056 “Emergency” defined. (NRS 445B.210) “Emergency” means any situation arising from a sudden and reasonably unforeseeable event beyond the control of the owner or operator, including an act of God, that requires immediate corrective action to restore normal operation, and that causes the source to exceed an emission limitation contained in the operating permit which is based on a specific type of technology. The term does not include the failure to comply with emission limitations because of the improper design of the source, the lack of preventative maintenance, the careless or improper operation of the source, or any error by the operator.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.4955)
NAC 445B.058 “Emission” defined. (NRS 445B.210)
1. “Emission” means the act of passing into the atmosphere a regulated air pollutant or a gas stream which contains, or may contain, a regulated air pollutant.
2. The term includes the material passed to the atmosphere.
[Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65, 12-4-76]—(NAC A by R105-97, 3-5-98)
NAC 445B.059 “Emission unit” defined. (NRS 445B.210) “Emission unit” means a part of a stationary source which emits or has the potential to emit any regulated air pollutant.
[Environmental Comm’n, Air Quality Reg. § 1.57.5, eff. 10-16-80]—(NAC A 10-22-87; 3-29-94, eff. 11-15-94; 10-30-95)
NAC 445B.060 “Enforceable” defined. (NRS 445B.210) “Enforceable” means enforceable under federal, state or local law.
(Added to NAC by Environmental Comm’n, eff. 10-14-82)—(Substituted in revision for NAC 445.5005)
NAC 445B.061 “EPA” defined. (NRS 445B.210) “EPA” means the United States Environmental Protection Agency.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5008)
NAC 445B.062 “Equivalent method” defined. (NRS 445B.210) “Equivalent method” means any method of sampling and analyzing for a regulated air pollutant which has been demonstrated to the Director’s satisfaction to have a consistent and quantitatively known relationship to the reference method under specified conditions.
[Environmental Comm’n, Air Quality Reg. § 1.67, eff. 12-4-76]—(NAC A 10-30-95)
NAC 445B.063 “Excess emissions” defined. (NRS 445B.210) “Excess emissions” means any emission which exceeds any applicable emission limitation prescribed by NAC 445B.001 to 445B.3791, inclusive, or that is contained in an operating permit. The averaging time and test procedures for determining excess emissions must be as specified in the relevant condition or conditions of the operating permit, except that this does not preclude the use, including the exclusive use, of any credible evidence or information relevant to the determination of whether a source would have been in compliance with the applicable requirements if the appropriate performance or compliance test or procedure had been performed to determine excess emissions.
[Environmental Comm’n, Air Quality Reg. Art. 1 § 1, eff. 8-29-79]—(NAC A 10-22-87; 12-13-93; R096-05, 10-31-2005)
NAC 445B.064 “Excessive concentration” defined. (NRS 445B.210) “Excessive concentration” means, for the purpose of determining good engineering practice stack height:
1. For sources seeking credit for stack height exceeding that established under paragraph (b) of subsection 1 of NAC 445B.083, a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 40 C.F.R. § 52.21, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations pursuant to NAC 445B.001 to 445B.3689, inclusive, must be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate must be established in consultation with the source owner or operator.
2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraph (b) of subsection 1 of NAC 445B.083, either:
(a) A maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in subsection 1, except that the emission rate specified by any applicable state limit or, in the absence of such a limit, the actual emission rate, must be used; or
(b) The actual presence of a local nuisance caused by the existing stack, as determined by the Director.
3. For sources seeking credit after January 12, 1979, for a stack height determined under paragraph (b) of subsection 1 of NAC 445B.083, where the Director requires the use of a field study or fluid model to verify good engineering practice stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in paragraph (b) of subsection 1 of NAC 445B.083, a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects.
(Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)
NAC 445B.065 “Existing facility” defined. (NRS 445B.210) “Existing facility” with reference to a stationary source means any apparatus of the type for which a standard is adopted in NAC 445B.001 to 445B.3689, inclusive, the construction or modification of which was commenced before the date on which the standard was proposed or any apparatus which could be altered in such a way as to be of that type.
[Environmental Comm’n, Air Quality Reg. § 1.72, eff. 12-4-76]—(NAC A 10-22-87; 10-30-95; R151-06, 9-18-2006)
NAC 445B.066 “Existing stationary source” defined. (NRS 445B.210) “Existing stationary source” means:
1. For stationary sources subject to 42 U.S.C. § 7412, any stationary source other than a new stationary source.
2. For all other stationary sources, a stationary source which was constructed, or for which the owner or operator submitted a complete application for an operating permit, before the effective date of the program.
[Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73, 12-4-76]—(NAC A 12-13-93; 10-30-95)
NAC 445B.068 “Facility” defined. (NRS 445B.210) “Facility” includes any groups of activities which emit regulated air pollutants, are located on one or more contiguous properties, and are owned, operated or controlled by the same person.
[Environmental Comm’n, Air Quality Reg. § 1.64, eff. 5-7-80]—(NAC A 10-30-95)
NAC 445B.069 “Federally enforceable” defined. (NRS 445B.210) “Federally enforceable” means enforceable by the Administrator pursuant to any provision of 42 U.S.C. §§ 7401 to 7671q, inclusive, 40 C.F.R. §§ 52.21 and 51.160 to 51.166, inclusive, or 40 C.F.R. Part 70, or by other persons pursuant to 42 U.S.C. § 7604.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.5095)
NAC 445B.070 “Federally enforceable emissions cap” defined. (NRS 445B.210) “Federally enforceable emissions cap” means a condition of an operating permit containing an emission limitation that the holder of the operating permit requested and the Director approved and which is independent of any applicable requirement or requirements.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.5105)
NAC 445B.072 “Fuel” defined. (NRS 445B.210) “Fuel” means any form of combustible matter, solid, liquid, vapor or gas which is used to generate energy.
[Environmental Comm’n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.516)
NAC 445B.073 “Fuel-burning equipment” defined. (NRS 445B.210) “Fuel-burning equipment” means:
1. Indirect heat transfer fuel-burning equipment which is any device used for the combustion of fuel in which heat is transferred from the products of combustion indirectly for the production of useful heat or power.
2. Direct heat transfer fuel-burning equipment which is any device used for the combustion of fuel in which heat is transferred from the products of combustion directly for the production of useful heat or power.
[Environmental Comm’n, Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as § 1.85, 12-4-76]—(NAC A 9-19-90)—(Substituted in revision for NAC 445.517)
NAC 445B.075 “Fugitive dust” defined. (NRS 445B.210) “Fugitive dust” means emissions of solid, airborne particulate matter which could not reasonably pass through a stack, chimney, vent or a functionally equivalent opening.
[Environmental Comm’n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76; A and renumbered as § 1.75, 10-16-80]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.520)
NAC 445B.077 “Fugitive emissions” defined. (NRS 445B.210) “Fugitive emissions” means emissions of any regulated air pollutants, including fugitive dust, which could not reasonably pass through a stack, chimney, vent or a functionally equivalent opening.
[Environmental Comm’n, Air Quality Reg. § 1.75.5, eff. 10-16-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)
NAC 445B.080 “Garbage” defined. (NRS 445B.210) “Garbage” means putrescible animal or vegetable refuse.
[Environmental Comm’n, Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89, 12-4-76]—(Substituted in revision for NAC 445.525)
NAC 445B.082 “General permit” defined. (NRS 445B.210) “General permit” means an operating permit issued by the Director to cover numerous similar stationary sources.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95)
NAC 445B.083 “Good engineering practice stack height” defined. (NRS 445B.210)
1. “Good engineering practice stack height” means the stack height that is the greater of:
(a) Two hundred thirteen feet, measured from the ground-level elevation at the base of the stack;
(b) A height determined as follows:
(1) For stacks that commenced construction on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 and NAC 445B.001 to 445B.3689, inclusive, the height determined by use of the equation Hg = 2.5H, so long as the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and
(2) For all other stacks, the height determined by use of the equation Hg = H + 1.5L,
Ê except that the Director may require the use of a field study or fluid model to verify good engineering practice stack height for the source; or
(c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes or eddy effects created by the source itself, nearby structures or nearby terrain features.
2. For the purposes of this section:
Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack;
H = height of nearby structures measured from the ground-level elevation at the base of the stack; and
L = lesser dimension, height or projected width, of nearby structures.
(Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)
NAC 445B.084 “Hazardous air pollutant” defined. (NRS 445B.210) “Hazardous air pollutant” has the meaning ascribed to it in NRS 445B.140.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5305)
NAC 445B.086 “Incinerator” defined. (NRS 445B.210) “Incinerator” means an engineered apparatus capable of withstanding heat and designed to efficiently reduce solid, semisolid, liquid or gaseous waste at specified rates and from which the residues contain little or no combustible material.
[Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98, 12-4-76]—(Substituted in revision for NAC 445.533)
NAC 445B.087 “Increment” defined. (NRS 445B.210) “Increment” has the meaning ascribed to it in 40 C.F.R. § 52.21, as adopted in NAC 445B.221.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5335)
NAC 445B.091 “Local air pollution control agency” defined. (NRS 445B.210) “Local air pollution control agency” means any city, county or district air pollution control agency approved by the Commission.
[Environmental Comm’n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 12-4-76; A and renumbered as § 1.99, 8-28-79]—(Substituted in revision for NAC 445.537)
NAC 445B.093 “Major modification” defined. (NRS 445B.210) “Major modification” has the meaning ascribed to it in 40 C.F.R. § 52.21.
(Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)
NAC 445B.094 “Major source” defined. (NRS 445B.210)
1. Except as otherwise provided in subsection 3, “major source” means any stationary source that:
(a) Is located on one or more contiguous or adjacent properties;
(b) Is under the common control of the same person or persons;
(c) Belongs to a single major industrial grouping as described in the Standard Industrial Classification Manual, as incorporated by reference in NAC 445B.221; and
(d) Meets one of the following conditions:
(1) Is located in a nonattainment area and is required to obtain an operating permit pursuant to 42 U.S.C. §§ 7501 to 7515, inclusive;
(2) Directly emits or has the potential to emit:
(I) One hundred tons per year or more of any regulated air pollutant, excluding particulate matter more than 10 microns in diameter; or
(II) Ten tons per year or more of a hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants or a lesser quantity as established by the Commission; or
(3) Is located in a particulate matter (PM10) “serious” nonattainment area and directly emits or has the potential to emit 70 tons per year or more of PM10.
Ê The Director shall consider fugitive emissions in determining whether a stationary source is major for any source category listed in 40 C.F.R. § 52.21(b)(1)(iii), as adopted by reference pursuant to NAC 445B.221, or whether a stationary source of a hazardous air pollutant is a major source. To determine whether a stationary source is a major source of hazardous air pollutants under 42 U.S.C. § 7412, emissions from any oil or gas exploration or production well, with its associated equipment, and emissions from any pipeline compressor or pump station must not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control.
2. In determining whether a stationary source is a major source, the Director shall not consider the emissions from mobile sources subject to regulation under Title II of the federal Clean Air Act, 42 U.S.C. §§ 7521 to 7590, inclusive, or from nonroad engines.
3. For the purposes of the program for the prevention of significant deterioration of air quality (PSD), the term “major source” is synonymous with the term “major stationary source” as that term is defined in 40 C.F.R. § 52.21(b)(1), as adopted by reference in NAC 445B.221.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96; R105-97, 3-5-98; R117-00, 6-1-2001)
NAC 445B.0945 “Major stationary source” defined. (NRS 445B.210) “Major stationary source” has the meaning ascribed to it in 40 C.F.R. § 52.21(b)(1).
(Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)
NAC 445B.095 “Malfunction” defined. (NRS 445B.210) “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown are not considered malfunctions.
[Environmental Comm’n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79]—(Substituted in revision for NAC 445.542)
NAC 445B.096 “Maximum achievable control technology” defined. (NRS 445B.210) “Maximum achievable control technology” means any measure, process, method, system or technique applied to a stationary source which provides the maximum degree of reduction in the emission of hazardous air pollutants as follows:
1. For new stationary sources, the maximum degree of reduction in emissions must be no less stringent than the control of emissions that is achieved in practice by the best controlled similar stationary source, as determined by the Administrator.
2. For existing stationary sources, the maximum degree of reduction in emissions must be no less stringent than the requirements set forth in 42 U.S.C. § 7412(d)(3).
(Added to NAC by Environmental Comm’n, eff. 12-13-93; A 10-30-95)
NAC 445B.097 “Maximum allowable throughput” defined. (NRS 445B.210) “Maximum allowable throughput” means:
1. The maximum process weight allowed through a continuous or long-run steady-rate operation, per hour; or
2. For cyclical or batch unit operations or unit processes, the total process weight for a 1-hour period.
Ê If any process, operation or the design of any equipment permits more than one interpretation of this section, the interpretation which results in the lesser value of allowable emissions applies.
(Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.5435)
NAC 445B.099 “Modification” defined. (NRS 445B.210) “Modification” means any physical change in, or change in the method of operation of a stationary source which:
1. Increases the amount of any regulated air pollutant, to which a standard applies, emitted into the atmosphere by that stationary source; or
2. Results in the emission of any regulated air pollutants, to which a standard applies, into the atmosphere if the regulated air pollutants were not previously emitted.
[Environmental Comm’n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as § 1.95, 5-7-80]—(NAC A 10-30-95)
NAC 445B.103 “Monitoring device” defined. (NRS 445B.210) “Monitoring device” means the total equipment used to measure and record emissions and process parameters which is required pursuant to 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.601, inclusive, or as a condition of an operating permit.
[Environmental Comm’n, Air Quality Reg. § 1.110, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.548)
NAC 445B.104 “Motor vehicle” defined. (NRS 445B.210) “Motor vehicle” has the meaning ascribed to it in NRS 485.050.
(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)
NAC 445B.106 “Multiple-chamber incinerator” defined. (NRS 445B.210) “Multiple-chamber incinerator” means any article, machine, equipment contrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three or more refractory lined combustion furnaces in series, physically separated by refractory walls and interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.
[Environmental Comm’n, Air Quality Reg. § 1.39, eff. 11-7-75; renumbered as § 1.113, 12-4-76]—(Substituted in revision for NAC 445.549)
NAC 445B.107 “Nearby” defined. (NRS 445B.210) “Nearby” means, as used in NAC 445B.064 and 445B.083, with respect to a specific structure or terrain feature:
1. For the purpose of using the equations set forth in paragraph (b) of subsection 1 of NAC 445B.083, that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than one-half mile; and
2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of NAC 445B.083, not greater than one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if the feature achieves a height one-half mile from the stack that is at least 40 percent of the good engineering practice stack height determined by using the equation set forth in subparagraph (2) of paragraph (b) of subsection 1 of NAC 445B.083 or 85 feet, whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
(Added to NAC by Environmental Comm’n by R096-05, eff. 10-31-2005)
NAC 445B.108 “New stationary source” defined. (NRS 445B.210) “New stationary source” means:
1. For stationary sources subject to the requirements of 42 U.S.C. § 7412, a stationary source for which the owner or operator commenced construction or reconstruction after the Administrator proposed regulations pursuant to 42 U.S.C. § 7412 which established an emission standard applicable to the stationary source.
2. For all other stationary sources, a stationary source or modification for which an owner or operator has not submitted a complete application for an operating permit before the effective date of the program.
[Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 12-4-76; A and renumbered as § 1.100, 5-7-80]—(NAC A 12-13-93; 10-30-95)
NAC 445B.109 “Nitrogen oxides” defined. (NRS 445B.210) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as measured by test methods approved by the EPA.
[Environmental Comm’n, Air Quality Reg. § 1.116, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.552)
NAC 445B.112 “Nonattainment area” defined. (NRS 445B.210) “Nonattainment area” means, for any regulated air pollutant, an area:
1. Which is shown by monitored data or is calculated by air quality modeling or any other method determined by the Administrator to be reliable, to exceed any national standard of ambient air quality for the regulated air pollutant;
2. Which is designated as a nonattainment area by the Governor; and
3. Which is promulgated as a nonattainment area by the Administrator.
[Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)
NAC 445B.113 “Nonroad engine” defined. (NRS 445B.210) “Nonroad engine” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that section existed on December 31, 1997.
(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)
NAC 445B.1135 “Nonroad vehicle” defined. (NRS 445B.210) “Nonroad vehicle” has the meaning ascribed to it in 40 C.F.R. § 89.2, as that section existed on December 31, 1997.
(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)
NAC 445B.114 “Nuisance” defined. (NRS 445B.210) “Nuisance” means anything which is injurious to health, offensive to the senses or an obstruction to the free use of property and which interferes with the comfortable enjoyment of life or property.
[Environmental Comm’n, Air Quality Reg. § 1.42, eff. 11-7-75; renumbered as § 1.117, 12-4-76]—(Substituted in revision for NAC 445.554)
NAC 445B.116 “Odor” defined. (NRS 445B.210) “Odor” means a characteristic of a regulated air pollutant which makes it perceptible to the sense of smell.
[Environmental Comm’n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 12-4-76]—(NAC A 10-30-95)
NAC 445B.117 “Offset” defined. (NRS 445B.210) “Offset” means a reduction in emissions at an existing stationary source which is greater than a corresponding increase in emissions of the same regulated air pollutant at a new stationary source or a modification of a stationary source in the same nonattainment area.
(Added to NAC by Environmental Comm’n, eff. 3-29-94; A 10-30-95)
NAC 445B.119 “One-hour period” defined. (NRS 445B.210) “One-hour period” means any 60-minute period.
[Environmental Comm’n, Air Quality Reg. § 1.119, eff. 12-4-76]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.556)
NAC 445B.121 “Opacity” defined. (NRS 445B.210) “Opacity” means the property of a substance tending to obscure vision and measured in terms of percent obscuration. The relationship between opacity and Ringelmann number is approximately equal to the following in shades of white to gray.
|
Opacity |
Ringelmann |
|
(Percent) |
Number |
|
|
|
|
20................................... |
........................................ 1 |
|
40................................. |
........................................ 2 |
|
60................................. |
........................................ 3 |
|
80................................. |
........................................ 4 |
|
100................................. |
......................................... 5 |
[Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 12-4-76]—(Substituted in revision for NAC 445.557)
NAC 445B.122 “Open burning” defined. (NRS 445B.210) “Open burning” means any fire from which the products of combustion are emitted into the atmosphere without passing through a stack or chimney.
[Environmental Comm’n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76]—(Substituted in revision for NAC 445.558)
NAC 445B.123 “Operating permit” defined. (NRS 445B.210) “Operating permit” has the meaning ascribed to it in NRS 445B.145. Unless otherwise specifically stated, the term includes:
1. A Class I, a Class II and a Class III operating permit;
2. An operating permit to construct;
3. A mercury operating permit to construct, as defined in NAC 445B.3625; and
4. A CAMR operating permit to construct, as defined in NAC 445B.3713.
[Environmental Comm’n, Air Quality Reg. § 1.46, eff. 11-7-75; renumbered as § 1.122, 12-4-76]—(NAC A 12-13-93; R040-01, 10-25-2001; R103-02, 12-17-2002; R189-05, 5-4-2006; R162-06, 9-18-2006)
NAC 445B.124 “Operating permit to construct” defined. (NRS 445B.210) “Operating permit to construct” means an operating permit signed and issued by the Director which:
1. Authorizes the construction and an initial period of operation of a proposed new Class I stationary source or modification to an existing Class I stationary source;
2. Includes the conditions which apply to the construction and the initial period of operation of the Class I stationary source or modification to an existing Class I stationary source; and
3. Includes the requirement that the holder of the operating permit to construct submit a complete application for a Class I operating permit or for a modification of an existing Class I operating permit within 12 months after the date of the initial start-up of the new or modified Class I stationary source.
(Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002)
NAC 445B.125 “Ore” defined. (NRS 445B.210) “Ore” means a natural combination of minerals from which a metal can be extracted.
[Environmental Comm’n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78]—(Substituted in revision for NAC 445.560)
NAC 445B.127 “Owner or operator” defined. (NRS 445B.210) “Owner or operator” means any person who owns, leases, operates, controls or supervises an affected facility or a stationary source of which an affected facility is a part.
[Environmental Comm’n, Air Quality Reg. § 1.123, eff. 12-4-76]—(Substituted in revision for NAC 445.561)
NAC 445B.129 “Particulate matter” defined. (NRS 445B.210) “Particulate matter” means any material except uncombined water that exists in a finely divided form as a liquid or solid at reference conditions.
[Environmental Comm’n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 12-4-76]—(Substituted in revision for NAC 445.562)
NAC 445B.130 “Pathological wastes” defined. (NRS 445B.210) “Pathological wastes” means human and animal remains consisting of carcasses, organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar stationary sources.
[Environmental Comm’n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76]—(NAC A 10-30-95)
NAC 445B.134 “Person” defined. (NRS 445B.210) “Person” has the meaning ascribed to it in NRS 0.039 and includes the State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations.
[Environmental Comm’n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 12-4-76]—(NAC A by R151-06, 9-18-2006)
NAC 445B.1345 “Plantwide applicability limitation” defined. (NRS 445B.210) “Plantwide applicability limitation” means a plantwide applicability limitation as defined in 40 C.F.R. § 52.21(aa)(2)(v) that has been approved by the Director and authorized in an operating permit to construct pursuant to NAC 445B.001 to 445B.3791, inclusive.
(Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)
NAC 445B.135 “PM10” defined. (NRS 445B.210) “PM10” means any particulate matter in the atmosphere with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by an approved reference method or equivalent method based on 40 C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53.
(Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted in revision for NAC 445.5655)
NAC 445B.138 “Potential to emit” defined. (NRS 445B.210) “Potential to emit” means the maximum capacity of a stationary source to emit a regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a stationary source to emit a regulated air pollutant, including equipment for the control of air pollution and any restrictions on the hours of operation of the stationary source or on the type or amount of material combusted, stored or processed, may be treated as part of its design for the purposes of determining its potential to emit if the limitation is enforceable by the Director.
[Environmental Comm’n, Air Quality Reg. part § 1.115.5, eff. 10-16-80]—(NAC A 12-13-93; 10-30-95; 5-3-96)
NAC 445B.141 “Preconstruction review” defined. (NRS 445B.210) “Preconstruction review” means a review by the Director of all information contained in a Class I-B application, as required in NAC 445B.308 to 445B.313, inclusive, and 40 C.F.R. § 52.21.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.5775)
NAC 445B.142 “Prevention of significant deterioration of air quality” defined. (NRS 445B.210) “Prevention of significant deterioration of air quality” has the meaning ascribed to it in 40 C.F.R. § 52.21.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5795)
NAC 445B.144 “Process equipment” defined. (NRS 445B.210) “Process equipment” means any equipment used for storing, handling, transporting, processing or changing any material, excluding that equipment specifically defined in NAC 445B.001 to 445B.601, inclusive, as fuel-burning equipment or incinerators.
[Environmental Comm’n, Air Quality Reg. § 1.52, eff. 11-7-75; renumbered as § 1.140, 12-4-76]—(Substituted in revision for NAC 445.581)
NAC 445B.145 “Process weight” defined. (NRS 445B.210) “Process weight” means the total weight of all materials introduced into an emission unit including solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion of the fuel.
[Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and renumbered as § 1.140, 8-28-79]—(NAC A 10-30-95)
NAC 445B.147 “Program” defined. (NRS 445B.210) “Program” means the program for issuing operating permits to Class I sources which the Administrator has approved as complying with the requirements of 40 C.F.R. Part 70.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94)—(Substituted in revision for NAC 445.5855)
NAC 445B.148 “Proportional sampling” defined. (NRS 445B.210) “Proportional sampling” means sampling at a rate that produces a constant ratio of sampling rate to the rate of the flow of stack gas.
[Environmental Comm’n, Air Quality Reg. § 1.146, eff. 12-4-76; A and renumbered as § 1.143, 8-28-79]—(Substituted in revision for NAC 445.587)
NAC 445B.151 “Reference conditions” defined. (NRS 445B.210) “Reference conditions” means that all measurements of ambient air quality are corrected to a reference temperature of 77 degrees Fahrenheit (25 degrees Centigrade) and to a reference pressure of 29.92 inches (760 millimeters, 1,013.2 millibars) of mercury.
[Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A and renumbered as § 1.144, 8-28-79]—(NAC A 10-22-87)—(Substituted in revision for NAC 445.589)
NAC 445B.152 “Reference method” defined. (NRS 445B.210) “Reference method” means any method of sampling and analyzing for a regulated air pollutant as described in Appendix A of 40 C.F.R. § 60.
[Environmental Comm’n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A 10-30-95)
NAC 445B.153 “Regulated air pollutant” defined. (NRS 445B.210) “Regulated air pollutant” means:
1. Nitrogen oxides or any volatile organic compounds;
2. Any pollutant subject to:
(a) A national ambient air quality standard and any constituents or precursors for such pollutants identified by the Administrator;
(b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411; or
(c) A standard established pursuant to NAC 445B.22097;
3. Any Class I or Class II substance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or
4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutant regulated under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regulated as a constituent or precursor of an air pollutant listed pursuant to 42 U.S.C. § 7408.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R096-05, 10-31-2005)
NAC 445B.154 “Renewal of an operating permit” defined. (NRS 445B.210) “Renewal of an operating permit” means the process by which a holder of an operating permit applies for and the Director reissues the operating permit at the end of its term.
(Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted in revision for NAC 445.5915)
NAC 445B.156 “Responsible official” defined. (NRS 445B.210) “Responsible official” means:
1. For a corporation:
(a) A president;
(b) A vice president in charge of a principal business function;
(c) A secretary;
(d) A treasurer; or
(e) An authorized representative of such a person who is responsible for the overall operation of the facility and who is designated in writing by an officer of the corporation and approved in advance by the Director.
2. For a partnership or sole proprietorship, a general partner or the proprietor, respectively.
3. For a municipality or a state, federal or other public agency, a ranking elected official or a principal executive officer, including, for a federal agency, a chief executive officer who has responsibility for the overall operations of a principal geographic unit of the agency.
4. For an affected source, the designated representative or his alternate, as defined in 42 U.S.C. § 7651a(26).
5. For a mercury budget source, as defined in NAC 445B.3735, the mercury designated representative, as defined in NAC 445B.3741, or his alternate.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A by R162-06, 9-18-2006)
NAC 445B.157 “Revision of an operating permit” defined. (NRS 445B.210) “Revision of an operating permit” means any modification of, or any administrative amendment or administrative revision to, an operating permit.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A by R125-04, 9-24-2004)
NAC 445B.159 “Ringelmann Chart” defined. (NRS 445B.210) “Ringelmann Chart” means the chart published by the United States Bureau of Mines, which illustrates graduated shades of gray to black, for use in estimating the light-obscuring capacity of smoke.
[Environmental Comm’n, Air Quality Reg. § 1.56, eff. 11-7-75; renumbered as § 1.155, 12-4-76]—(Substituted in revision for NAC 445.596)
NAC 445B.161 “Run” defined. (NRS 445B.210) “Run” means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.
[Environmental Comm’n, Air Quality Reg. § 1.159, eff. 12-4-76]—(Substituted in revision for NAC 445.599)
NAC 445B.163 “Salvage operation” defined. (NRS 445B.210) “Salvage operation” means any operation conducted in whole or in part for the salvaging or reclaiming of any product or material.
[Environmental Comm’n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 12-4-76]—(Substituted in revision for NAC 445.601)
NAC 445B.164 “Scheduled maintenance” defined. (NRS 445B.210) “Scheduled maintenance” means the maintenance which is planned by the management of a stationary source, or any part thereof, which is anticipated at least 1 month in advance.
(Added to NAC by Environmental Comm’n, eff. 8-22-86)—(Substituted in revision for NAC 445.6015)
NAC 445B.165 “Scheduled repair” defined. (NRS 445B.210) “Scheduled repair” means the repair of a stationary source, or any part thereof, which occurs within 1 month of discovery of the need for the repair and which is not a part of scheduled maintenance.
(Added to NAC by Environmental Comm’n, eff. 8-22-86)—(Substituted in revision for NAC 445.6035)
NAC 445B.167 “Shutdown” defined. (NRS 445B.210) “Shutdown” means the cessation of operation of an affected facility for any purpose.
[Environmental Comm’n, Air Quality Reg. § 1.166, eff. 12-4-76]—(Substituted in revision for NAC 445.606)
NAC 445B.168 “Single-chamber incinerator” defined. (NRS 445B.210) “Single-chamber incinerator” means an incinerator with one chamber that serves for ignition, combustion and ash removal of a design approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
[Environmental Comm’n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and renumbered as § 1.94.1, 8-28-79]—(Substituted in revision for NAC 445.612)
NAC 445B.172 “Six-minute period” defined. (NRS 445B.210) “Six-minute period” means any one of the 10 equal parts of a 1-hour period.
[Environmental Comm’n, Air Quality Reg. § 1.175, eff. 12-4-76]—(Substituted in revision for NAC 445.617)
NAC 445B.174 “Smoke” defined. (NRS 445B.210) “Smoke” means small particles consisting predominantly, but not exclusively, of carbon, ash or other combustible material, resulting from incomplete combustion.
[Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 12-4-76]—(Substituted in revision for NAC 445.621)
NAC 445B.176 “Solid waste” defined. (NRS 445B.210) “Solid waste” means refuse, more than 50 percent of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustibles and noncombustible materials such as glass and rock.
[Environmental Comm’n, Air Quality Reg. § 1.176, eff. 12-4-76]—(Substituted in revision for NAC 445.622)
NAC 445B.177 “Source” defined. (NRS 445B.210) “Source” has the meaning ascribed to it in NRS 445B.155.
[Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 12-4-76]—(NAC A 10-30-95)
NAC 445B.178 “Source reduction” defined. (NRS 445B.210)
1. “Source reduction” means any practice which reduces:
(a) The amount of a regulated air pollutant or pollutants, including fugitive emissions, emitted to the ambient air before the application of control equipment; and
(b) The hazards to public health and the environment associated with the emission of the regulated air pollutant or pollutants.
2. The term includes modifications of equipment or technology, modifications of procedure or process, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or control of inventory.
3. The term does not include any practice which alters the physical, chemical or biological characteristics or the volume of the regulated air pollutant through a process or activity which is not integral to and necessary for the production of a product or the provision of a service.
(Added to NAC by Environmental Comm’n, eff. 3-29-94)—(Substituted in revision for NAC 445.6235)
NAC 445B.179 “Special mobile equipment” defined. (NRS 445B.210) “Special mobile equipment” has the meaning ascribed to it in NRS 482.123.
(Added to NAC by Environmental Comm’n by R117-00, eff. 6-1-2001)
NAC 445B.180 “Stack” and “chimney” defined. (NRS 445B.210) “Stack” or “chimney” means any flue, conduit or duct which conducts a regulated air pollutant to the atmosphere.
[Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 12-4-76]—(NAC A 10-14-82; 3-29-94, eff. 11-15-94; 10-30-95)
NAC 445B.182 “Standard” defined. (NRS 445B.210) “Standard” means a standard of performance that is proposed or promulgated by the Administrator or the Director pursuant to NAC 445B.001 to 445B.735, inclusive.
[Environmental Comm’n, Air Quality Reg. § 1.180, eff. 12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-94)
NAC 445B.185 “Start-up” defined. (NRS 445B.210) “Start-up” means the setting in operation of an affected facility for any purpose.
[Environmental Comm’n, Air Quality Reg. § 1.179, eff. 12-4-76]—(Substituted in revision for NAC 445.627)
NAC 445B.187 “Stationary source” defined. (NRS 445B.210)
1. “Stationary source” means all buildings, structures, facilities and installations, including temporary sources, which:
(a) Belong to the same major industrial groupings described in the Standard Industrial Classification Manual, as incorporated by reference in NAC 445B.221;
(b) Are located on one or more contiguous or adjacent properties;
(c) Are owned or operated by the same person or by persons under common control; and
(d) Emit or may emit any regulated air pollutant that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.3791, inclusive.
2. Contracted operations that support the primary operations of the stationary source are part of the stationary source, except that temporary construction activities, including, without limitation, the construction of emission units, are not part of the stationary source.
3. The term does not include motor vehicles, special mobile equipment, nonroad engines and nonroad vehicles.
[Environmental Comm’n, Air Quality Reg. § 1.182, eff. 12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001)
NAC 445B.190 “Stop order” defined. (NRS 445B.210) “Stop order” means a written notice by the Director served on a person or persons requiring such persons to cease the activity that the Director, pursuant to NAC 445B.277, has determined is in violation of any provision of NAC 445B.001 to 445B.3791, inclusive, an applicable requirement or any condition of an operating permit.
[Environmental Comm’n, Air Quality Reg. § 1.63, eff. 11-7-75; renumbered as § 1.184, 12-4-76]—(NAC A 12-13-93)
NAC 445B.194 “Temporary source” defined. (NRS 445B.210) “Temporary source” means any building, structure, facility or installation which:
1. Emits or may emit any regulated air pollutant;
2. May be moved from one location to another;
3. Is located or operated in a location for a period of less than 12 months; and
4. Is not an affected source.
(Added to NAC by Environmental Comm’n, eff. 10-30-95; A by R117-00, 6-1-2001)
NAC 445B.196 “Toxic regulated air pollutant” defined. (NRS 445B.210) “Toxic regulated air pollutant” means a substance designated as such by the Commission based upon the Commission’s determination of the extent to which the substance presents a risk to the public health.
(Added to NAC by Environmental Comm’n, eff. 12-5-84; A 11-23-92; 10-29-93; 12-13-93; 10-30-95)
NAC 445B.198 “Uncombined water” defined. (NRS 445B.210) “Uncombined water” means visible mist or condensed water vapor.
[Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 12-4-76; A and renumbered as § 1.200, 8-28-79]—(Substituted in revision for NAC 445.647)
NAC 445B.200 “Violation” defined. (NRS 445B.210) “Violation” means a failure to comply with any of the provisions of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any condition of an operating permit.
[Environmental Comm’n, Air Quality Reg. § 1.203, eff. 8-28-79]—(NAC A 10-22-87; 12-13-93)
NAC 445B.202 “Volatile organic compounds” defined. (NRS 445B.210) “Volatile organic compounds” has the meaning ascribed to it in 40 C.F.R. § 51.100(s), as incorporated by reference in NAC 445B.221.
[Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11-7-75; renumbered as § 1.208, 12-4-76; A and renumbered as § 1.204, 8-28-79]—(NAC A 3-29-94, eff. 11-15-94)—(Substituted in revision for NAC 445.650)
NAC 445B.205 “Waste” defined. (NRS 445B.210) “Waste” means useless, unneeded, or superfluous matter or discarded or excess material.
[Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 12-4-76; A and renumbered as § 1.205, 8-28-79]—(Substituted in revision for NAC 445.651)
NAC 445B.207 “Wet garbage” defined. (NRS 445B.210) “Wet garbage” means a combination of waste and garbage which contains more than 50 percent moisture.
[Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 12-4-76; A and renumbered as § 1.207, 8-28-79]—(Substituted in revision for NAC 445.653)
NAC 445B.209 “Year” defined. (NRS 445B.210) “Year” means any consecutive 365-day period.
(Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted in revision for NAC 445.6535)
NAC 445B.211 Abbreviations. (NRS 445B.210) The abbreviations used in NAC 445B.001 to 445B.3791, inclusive, have the following meanings:
|
BACT........................................................ |
best available control technology |
|
Btu............................................................ |
British thermal unit |
|
C.F.R......................................................... |
Code of Federal Regulations |
|
CO2........................................................... |
carbon dioxide |
|
°F............................................................... |
degree Fahrenheit |
|
Hg............................................................. |
mercury |
|
H2S............................................................ |
hydrogen sulfide |
|
lb............................................................... |
pound |
|
NO............................................................ |
nitric oxide |
|
NOx........................................................... |
nitrogen oxides |
|
O2.............................................................. |
oxygen |
|
ppm........................................................... |
parts per million |
|
SO2............................................................ |
sulfur dioxide |
|
VOC.......................................................... |
volatile organic compound |
[Environmental Comm’n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as § 1.209, 8-28-79]—(NAC A 10-15-85; R105-97, 3-5-98; R040-01, 10-25-2001; R125-04, 9-24-2004)
General Provisions
NAC 445B.220 Severability. (NRS 445B.210) If any of the provisions of NAC 445B.001 to 445B.3791, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.
[Environmental Comm’n, Air Quality Reg. § 2.1.1, eff. 11-7-75]—(NAC A by R105-97, 3-5-98; R189-05, 5-4-2006; R154-06, 11-13-2006, eff. 1-1-2007)
NAC 445B.2201 Hazardous air pollutants and toxic regulated air pollutants: Identification. (NRS 445B.210)
1. A substance is a hazardous air pollutant if it:
(a) Is on the federal list of hazardous air pollutants set forth in 42 U.S.C. § 7412(b), as adopted by reference in NAC 445B.221; and
(b) Is not deleted from that list pursuant to Subpart C of 40 C.F.R. Part 63, as adopted by reference in NAC 445B.221.
2. A substance is a toxic regulated air pollutant if the Commission determines that it causes or contributes to air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, unless a federal standard for the quality of ambient air, standard for the quality of ambient air adopted by the Commission, new source performance standard or national emission standard for hazardous air pollutants applies.
(Added to NAC by Environmental Comm’n, eff. 12-5-84; A 10-18-88; 10-29-93; 12-13-93; 10-30-95; 5-3-96; R151-06, 9-18-2006)
NAC 445B.22013 Hazardous air pollutants and toxic regulated air pollutants: Prohibited discharge. (NRS 445B.210) An owner or operator shall not cause or permit the discharge into the atmosphere from any stationary source of any hazardous air pollutant or toxic regulated air pollutant that threatens the health and safety of the general public, as determined by the Director.
(Added to NAC by Environmental Comm’n, eff. 12-5-84; A 10-22-87; 12-8-89; 12-13-93; 10-30-95; 5-3-96)—(Substituted in revision for NAC 445B.349)
NAC 445B.22017 Visible emissions: Maximum opacity; determination and monitoring of opacity. (NRS 445B.210)
1. Except as otherwise provided in this section and NAC 445B.2202, no owner or operator may cause or permit the discharge into the atmosphere from any emission unit which is of an opacity equal to or greater than 20 percent. Opacity must be determined by one of the following methods:
(a) If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 9 in Appendix A of 40 C.F.R. Part 60.
(b) If a source uses a continuous monitoring system for the measurement of opacity, the data must be reduced to 6-minute averages as set forth in 40 C.F.R. § 60.13(h).
2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that consists of uncombined water. The burden of proof to establish the application of this exemption is upon the person seeking to come within the exemption.
3. If the provisions of 40 C.F.R. Part 60, Subpart D or Da apply to an emission unit, the emission unit must be allowed one 6-minute period per hour of not more than 27 percent opacity as set forth in 40 C.F.R. § 60.42(a)(2) and 40 C.F.R. § 60.42a(b).
4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained by the owner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inclusive.
[Environmental Comm’n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-79]—(NAC A 9-19-90; 10-30-95; R118-00, 9-25-2000; R036-05, 10-31-2005, eff. 4-1-2006)
NAC 445B.2202 Visible emissions: Exceptions for stationary sources. (NRS 445B.210) The provisions of NAC 445B.22017 do not apply to:
1. Smoke from the open burning described in NAC 445B.22067;
2. Smoke discharged in the course of training air pollution control inspectors to observe visible emissions, if the facility has written approval of the Commission;
3. Emissions from an incinerator as set forth in NAC 445B.2207; or
4. Emissions of stationary diesel-powered engines during warm-up for not longer than 15 minutes to achieve operating temperatures.
[Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3, eff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renumbered as § 4.3.4, 12-15-77; § 4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003; R198-03, 4-26-2004, eff. 3-1-2006; R036-05, 10-31-2005, eff. 4-1-2006)
NAC 445B.22027 Emissions of particulate matter: Maximum allowable throughput for calculating emissions rates. (NRS 445B.210) For purposes of NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable throughput to be used to calculate allowable emission rates must be the maximum process weight for an emission unit.
[Environmental Comm’n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-26-91; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.360)
NAC 445B.2203 Emissions of particulate matter: Fuel-burning equipment. (NRS 445B.210)
1. No person may cause or permit the emission of PM10 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
2. For the purposes of paragraphs (b) and (c) of subsection 1:
(a) “X” means the maximum operating rate in million Btu’s per hour.
(b) “Y” means the allowable rate of emission in pounds per million Btu’s.
[Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbered as § 7.1.2, 12-15-77]—(NAC A 10-15-85; 9-19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Substituted in revision for NAC 445B.362)
NAC 445B.22033 Emissions of particulate matter: Sources not otherwise limited. (NRS 445B.210)
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.
[Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 10-22-87; 9-19-90; 12-26-91; 10-30-95; R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363)
NAC 445B.22037 Emissions of particulate matter: Fugitive dust. (NRS 445B.210)
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 he 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.
[Environmental Comm’n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77]—(NAC A 9-19-90; 12-26-91; 12-13-93; 10-30-95)—(Substituted in revision for NAC 445B.365)
NAC 445B.2204 “Sulfur emission” defined. (NRS 445B.210) 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)
NAC 445B.22043 Sulfur emissions: Calculation of total feed sulfur. (NRS 445B.210) 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)
NAC 445B.22047 Sulfur emissions: Fuel-burning equipment. (NRS 445B.210)
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.
3. Where an emission unit has a maximum input of heat equal to or greater than 250 million Btu’s per hour, the allowable emission of sulfur must be calculated by the use of the following equations:
|
Liquid fuel |
Y = 0.4X |
|
|
|
Solid fuel |
Y = 0.6X |
|
|
|
Combination Fuel |
Y= |
L (0.4X) + S (0.6X) L + S |
|
For the purposes of this subsection:
(a) “X” means the maximum input of the operation in millions of Btu’s per hour.
(b) “Y” means the allowable rate of emissions of sulfur in pounds per hour.
(c) “L” means the percentage of total input of heat derived from liquid fuel.
(d) “S” means the percentage of total input of heat derived from solid fuel.
[Environmental Comm’n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered as § 8.2.2, 12-4-76; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as § 8.2.3, 12-4-76; renumbered as § 8.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; R022-99, 9-27-99)—(Substituted in revision for NAC 445B.373)
NAC 445B.2205 Sulfur emissions: Other processes which emit sulfur. (NRS 445B.210)
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.
3. When sulfur emissions are due to sulfur contributions from both the fuel and the material being processed, the allowable emissions must be the sum of those allowed by this section and NAC 445B.22047.
4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compounds are exempt from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the provisions of NAC 445B.22027 to 445B.22037, inclusive, and 445B.287 to 445B.3497, inclusive.
5. A person shall not cause or permit the emission of any gas containing hydrogen sulfide which is discharged to the atmosphere from any emission unit unless the emission unit is vented, incinerated or flared, or the stream is otherwise disposed of, in a manner such that the ambient sulfur dioxide standards and the ambient hydrogen sulfide standards are not exceeded. Before construction, compliance with the ambient standards must be based on the applicable models, bases and other requirements specified in 40 C.F.R. Part 51, Appendix W, “Guideline on Air Quality Models,” adopted by reference pursuant to NAC 445B.221, except that the Director may authorize the modification of a model specified in the “Guideline on Air Quality Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director determines that such modification or use is appropriate.
[Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75]—(NAC A 9-5-84; 9-19-90; 12-26-91; 12-13-93; 10-30-95; 5-3-96; R105-97, 3-5-98; R125-04, 9-24-2004)
NAC 445B.22057 Allowable emissions of sulfur from specific sources: Units Numbers 1, 2 and 3 of Reid Gardner Power Station. (NRS 445B.210) The allowable emission of sulfur from fossil fuel-fired power generating units Numbers 1, 2 and 3 of Nevada Power Company’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)
NAC 445B.2206 Allowable emissions of sulfur from specific sources: Unit Number 4 of Reid Gardner Power Station. (NRS 445B.210) The allowable emission of sulfur from fossil fuel-fired power generating unit Number 4 of Nevada Power Company’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)
NAC 445B.22063 Allowable emissions of sulfur from specific sources: North Valmy Power Station. (NRS 445B.210) The allowable emission of sulfur from fossil fuel-fired power generating unit Number 2 Sierra Pacific Power Company’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)
NAC 445B.22067 Open burning. (NRS 445B.210)
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.
(b) Of yard waste and other untreated wood waste, as described in NAC 444.640, is allowed if approved in advance by the Director.
(c) Is allowed for agricultural purposes and management except where prohibited by local ordinances or regulations.
(d) Is allowed at single-family residences located in all areas of the State except in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line.
(e) Is allowed at single-family residences located in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line if:
(1) Authorized by an officer of the State of Nevada or its political subdivisions;
(2) Concurred in by the Director; and
(3) Not specifically prohibited by local ordinances or regulations.
(f) Of small wood fires is allowed for recreational, educational, ceremonial, heating or cooking purposes.
3. All open burning must be attended and controlled at all times to eliminate fire hazards.
[Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75; A 5-8-77]—(NAC A by R237-03, 4-15-2004)
NAC 445B.2207 Incinerator burning. (NRS 445B.210)
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.
2. Incinerators used for the burning of pathological wastes, wet garbage or high moisture content material must be high temperature types with either grate or solid hearth construction, drying shelves for wet wastes and an auxiliary heating unit to ensure temperatures of 1400 degrees Fahrenheit (760 degrees Centigrade) for not less than 0.3 of a second. The hearth must be frequently cleaned at regular intervals to prevent buildup of residues and deposits.
3. The rated burning capacity, operating and maintenance procedures approved by the Director must be posted conspicuously at or near the incinerator.
4. Allowable PM10 emissions from incinerators of less than 2,000 lb per hour rated burning capacity may not exceed 1.8 lb/ton of dry refuse charged.
5. Allowable PM10 emissions from incinerators equal to or greater than 2,000 lb per hour burning capacity must be calculated using the following equation:
E = 0.6 (40.7 x 10-5C)
For the purposes of this subsection, “E” means the maximum allowable rate of emission of PM10 in pounds per hour and “C” means the rate of charge of dry refuse in pounds per hour.
6. Single-chamber incinerators may be used at single-family residences, in all areas of the State, except in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the limits of Carson City and in those portions of Lyon County that are within 1 mile of the Carson City line, unless otherwise prohibited by local ordinances or regulations.
[Environmental Comm’n, Air Quality Reg. §§ 6.1 & 6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6.4-6.6.2, eff. 11-7-75]—(NAC A 9-19-90; 12-26-91; R237-03, 4-15-2004)
NAC 445B.22073 Municipal solid waste landfills. (NRS 445B.210)
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.
(b) Comply with the requirements set forth in 40 C.F.R. § 60.753, 40 C.F.R. § 60.755 and 40 C.F.R. § 60.756.
(c) Maintain records and submit reports pursuant to 40 C.F.R. § 60.757 and 40 C.F.R. § 60.758, as applicable, except as otherwise provided in 40 C.F.R. § 60.24.
2. A municipal solid waste landfill is exempt from the provisions of subsection 1 if the municipal solid waste landfill is not and was not the site of construction, reconstruction or modification that commenced before May 30, 1991.
3. A municipal solid waste landfill is exempt from the provisions of paragraphs (a) and (b) of subsection 1 if the municipal solid waste landfill:
(a) Did not accept waste on or after November 8, 1987, and has a design capacity that does not allow for a deposit of waste in the future;
(b) Has a design capacity less than 2.756 million tons if the design capacity is calculated in tons, less than 3.27 million cubic yards if the design capacity is calculated in cubic yards, or less than 2.756 million tons and 3.27 million cubic yards if the design capacity is calculated in both tons and cubic yards; or
(c) Has a rate of emission of nonmethane organic compounds that is less than 55.125 tons per year.
4. For the purposes of this section:
(a) The design capacity of a municipal solid waste landfill may be calculated solely in either tons or cubic yards. A conversion of density, if any, must be documented and included with the calculation of design capacity.
(b) The rate of emission of nonmethane organic compounds must be calculated pursuant to 40 C.F.R. § 60.754, as applicable.
5. As used in this section:
(a) “Design capacity” has the meaning ascribed to it in 40 C.F.R. § 60.751.
(b) “Enclosed combuster” has the meaning ascribed to it in 40 C.F.R. § 60.751.
(c) “Flare” has the meaning ascribed to it in 40 C.F.R. § 60.751.
(d) “Municipal solid waste landfill” has the meaning ascribed to it in 40 C.F.R. § 60.31c.
(Added to NAC by Environmental Comm’n by R204-97, eff. 3-5-98; A by R022-99, 9-27-99)—(Substituted in revision for NAC 445B.383)
NAC 445B.22077 Compliance with regulations. (NRS 445B.210) Any portion of any affected facility not listed in NAC 445B.2208 must comply with the remaining portions of NAC 445B.001 to 445B.3791, 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)
NAC 445B.2208 Emission of hydrogen sulfide from certain facilities for generating electricity from geothermal brine. (NRS 445B.210) 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)
NAC 445B.22083 Construction, major modification or relocation of plants to generate electricity using steam produced by burning of fossil fuels. (NRS 445B.210)
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.
2. Fossil fuel-fired power generating units Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and must comply with the provisions of NAC 445B.001 to 445B.3689, inclusive.
3. If an emission unit is relocated to Ivanpah Valley:
(a) The previously used emission unit must be deactivated and removed from the previous site when the relocated unit begins operation.
(b) Any credit for reduced emission is not available as an offset credit.
4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221.
(Added to NAC by Environmental Comm’n, eff. 9-4-92; A 3-29-94; R096-05, 10-31-2005)
NAC 445B.22087 Odors. (NRS 445B.210)
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 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)
NAC 445B.2209 Reduction of animal matter. (NRS 445B.210)
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.
2. This section does not apply to any machine, equipment or other contrivance used exclusively for the processing of food for human consumption.
[Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75]—(Substituted in revision for NAC 445B.394)
NAC 445B.22093 Organic solvents and other volatile compounds. (NRS 445B.210)
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.
3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensively remodeled on or after November 7, 1975, must be equipped with a submerged fill pipe for the control of emissions.
4. All facilities for dock loading of products consisting of petroleum or other volatile organic compounds having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must have facilities for submerged filling by a submerged fill pipe for the control of emissions.
[Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC A 10-19-83; R096-05, 10-31-2005)
NAC 445B.22097 Standards of quality for ambient air. (NRS 445B.210)
1. The table contained in this section lists the minimum standards of quality for ambient air.
|
|
NEVADA STANDARDSA
|
NATIONAL STANDARDSB
|
||||
|
POLLUTANT
|
AVERAGING TIME
|
CONCENTRATIONC
|
METHODD
|
PRIMARYC, E
|
SECONDARYC, F
|
METHODD
|
|
Ozone |
1 hour |
0.12 ppm (235 µg/m3) |
Ultraviolet absorption |
0.12 ppm (235 µg/m3)
|
Same as primary |
Chemiluminescence |
|
Ozone-Lake Tahoe Basin, #90 |
1 hour |
0.10 ppm (195 µg/m3) |
Ultraviolet absorption |
-- |
-- |
-- |
|
Carbon monoxide less than 5,000′ above mean sea level
|
8 hours |
9 ppm (10,500 µg/m3) |
Nondispersive infrared photometry
|
9 ppm (10 mg/m3)
|
None |
Nondispersive infrared photometry |
|
At or greater than 5,000′ above mean sea level |
6 ppm (7,000 µg/m3)
|
|||||
|
Carbon monoxide at any elevation |
1 hour |
35 ppm (40,500 µg/m3) |
35 ppm (40 mg/m3)
|
|||
|
Nitrogen dioxide |
Annual arithmetic mean |
0.053 ppm (100 µg/m3) |
Gas phase chemiluminescence |
0.053 ppm (100 µg/m3) |
Same as primary |
Gas phase chemiluminescence |
|
Sulfur dioxide |
Annual arithmetic mean |
0.030 ppm (80 µg/m3) |
Ultraviolet fluorescence |
0.030 ppm |
None
|
Spectrophotometry (Pararosaniline method) |
|
24 hours |
0.14 ppm (365 µg/m3) |
0.14 ppm |
||||
|
3 hours |
0.5 ppm (1,300 µg/m3) |
None |
0.5 ppm |
|||
|
Particulate matter as PM10 |
Annual arithmetic mean |
50 µg/m3
|
High volume PM10 sampling |
50 µg/m3 |
Same as primary |
High volume PM10 sampling |
|
24 hours |
150 µg/m3 |
150 µg/m3 |
||||
|
Lead (Pb) |
Quarterly arithmetic mean |
1.5 µg/m3 |
High volume sampling, acid extraction and atomic absorption spectrometry |
1.5 µg/m3 |
Same as primary |
High volume sampling, acid extraction and atomic absorption spectrometry |
|
Hydrogen sulfide
|
1 hour |
0.08 ppm (112 µg/m3)G |
Ultraviolet fluorescence |
-- |
-- |
-- |
Notes:
Note A: The Director shall use the Nevada standards in considering whether to issue a permit for a stationary source and shall ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where the general public has access.
Note B: These standards, other than for ozone, particulate matter, and those based on annual averages, must not be exceeded more than once per year. The 1-hour ozone standard is attained when the expected number of days per calendar year with a maximum hourly average concentration above the standard is equal to or less than one. The PM10 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above the standard, rounded to the nearest 10 µg/m3, is equal to or less than one. The expected number of days per calendar year is generally based on an average of the number of times the standard has been exceeded per year for the last 3 years. The National standards are to be used in determinations of attainment or nonattainment.
Note C: Where applicable, concentration is expressed first in units in which it was adopted. All measurements of air quality that are expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to a reference temperature of 25 degrees Centigrade and a reference pressure of 760 mm of Hg (1,013.2 millibars); “ppm” in this table refers to parts per million by volume, or micromoles of regulated air pollutant per mole of gas; “µg/m3” refers to micrograms per cubic meter.
Note D: Any reference method specified in accordance with 40 C.F.R. Part 50 or any reference method or equivalent method designated in accordance with 40 C.F.R. Part 53 may be substituted.
Note E: National primary standards are the levels of air quality necessary, with an adequate margin of safety, to protect the public health.
Note F: National secondary standards are the levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a regulated air pollutant.
Note G: The ambient air quality standard for hydrogen sulfide does not include naturally occurring background concentrations.
2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in this section to protect the existing quality of Nevada’s air to the extent that it is economically and technically feasible.
[Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A 12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NAC A 10-19-83; 9-5-84; 12-26-91; 10-30-95; R103-02, 12-17-2002; R198-03, 4-26-2004)
NAC 445B.221 Adoption by reference and applicability of certain provisions of federal law and regulations. (NRS 445B.210)
1. Title 40 C.F.R. §§ 51.100(s) and 51.100(nn) and Appendix S of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1, 2007.
2. Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on July 1, 2002.
3. Appendix W of 40 C.F.R. Part 51 is hereby adopted by reference as it existed on July 1, 2007.
4. Title 40 C.F.R. § 52.21 is hereby adopted by reference as it existed on July 1, 2007.
5. 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) and 60.11(e), as it existed on July 1, 2007;
(b) Section 60.21 of Subpart B, as it existed on July 1, 2006;
(c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF, IIII and KKKK as they existed on July 1, 2007; and
(d) Subpart HHHH, except §§ 60.4105(b)(2), 60.4106, 60.4120 to 60.4142, inclusive, 60.4153(a) and (b) and 60.4176, as set forth in Volume 70 of the Federal Register at pages 28606 et seq., May 18, 2005, and the amendments to Subpart HHHH as set forth in Volume 71 of the Federal Register at pages 33388 et seq., June 9, 2006.
6. Appendices B and F of 40 C.F.R. Part 60 are hereby adopted by reference as they existed on July 1, 2007.
7. Subparts A, C, D, E, F, H, I, J, K, L, N, O, P, Q, R, T, V, W, Y, BB and FF of 40 C.F.R. Part 61 are hereby adopted by reference as they existed on July 1, 2007.
8. Subparts A, B, C, F, G, H, I, J, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, MM, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, DDDDDD, EEEEEE, FFFFFF and GGGGGG of 40 C.F.R. Part 63 are hereby adopted by reference as they existed on July 1, 2007.
9. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 2007. If the provisions of 40 C.F.R. Part 72 conflict with or are not included in NAC 445B.001 to 445B.3791, inclusive, the provisions of 40 C.F.R. Part 72 apply.
10. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 2007. If the provisions of 40 C.F.R. Part 76 conflict with or are not included in NAC 445B.001 to 445B.3791, inclusive, the provisions of 40 C.F.R. Part 76 apply.
11. Title 42 of the United States Code, section 7412(b), List of Hazardous Air Pollutants, is hereby adopted by reference as it existed on October 1, 1993.
12. The Standard Industrial Classification Manual, 1987 edition, published by the United States Office of Management and Budget, is hereby adopted by reference. A copy of the manual may be obtained, free of charge, from the United States Department of Labor at the Internet address http://www.dol.gov.
13. A copy of the publications which contain the provisions adopted by reference in subsections 1 to 11, inclusive, may be obtained from the:
(a) Division of State Library and Archives of the Department of Cultural Affairs for 10 cents per page.
(b) Government Printing Office, free of charge, at the Internet address http://www.gpoaccess.gov/nara/index.html.
14. For the purposes of the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted by reference pursuant to this section, the Director may not approve alternate or equivalent test methods or alternative standards or work practices.
15. Except as otherwise provided in subsections 9 and 10, the provisions adopted by reference in this section supersede the requirements of NAC 445B.001 to 445B.3791, inclusive, for all stationary sources subject to the provisions adopted by reference only if those requirements adopted by reference are more stringent.
16. For the purposes of this section, “administrator” as used in the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted pursuant to this section, means the Director.
(Added to NAC by Environmental Comm’n, eff. 10-19-83; A 12-5-84; 10-15-85; 8-22-86; 10-22-87; 10-18-88; 9-19-90; 9-4-92; 10-29-93; 12-13-93; 3-29-94; 10-30-95; R105-97, 3-5-98; R126-98, 11-2-98; R022-99, 9-27-99; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R037-05, 10-31-2005; R189-05 & R206-05, 5-4-2006; R151-06 & R162-06, 9-18-2006; R057-07, 10-31-2007)
NAC 445B.224 Public and confidential information. (NRS 445B.210, 445B.570)
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 submit:
(a) One copy of the information to the Director; and
(b) One copy of the information to the Administrator.
[Environmental Comm’n, Air Quality Reg. §§ 2.7.1 & 2.7.2, eff. 11-7-75]—(NAC A 12-13-93; 10-30-95; R105-97, 3-5-98)
NAC 445B.225 Prohibited conduct: Concealment of emissions. (NRS 445B.210) 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)
NAC 445B.227 Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; modification of required procedure. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.001 to 445B.3791, 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)
NAC 445B.229 Hazardous emissions: Order for reduction or discontinuance. (NRS 445B.210, 445B.450) 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)
NAC 445B.230 Plan for reduction of emissions. (NRS 445B.210, 445B.560)
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 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 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.
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)
NAC 445B.232 Excess emissions: Scheduled maintenance, testing or repairs; notification of Director; malfunction, upset, start-up, shutdown or human error. (NRS 445B.210)
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.3791, inclusive, must be approved by the Director and performed during a time designated by the Director as being favorable for atmospheric ventilation.
2. The Director must be notified in writing of the time and expected duration at least 24 hours in advance of any scheduled maintenance which may result in excess emissions of regulated air pollutants prohibited by NAC 445B.001 to 445B.3791, inclusive.
3. The Director must be notified in writing or by telephone of the time and expected duration at least 24 hours in advance of any scheduled repairs which may result in excess emissions of regulated air pollutants prohibited by NAC 445B.001 to 445B.3791, inclusive.
4. The Director must be notified 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 such equipment. The telephone number for the notification is (775) 687-9350.
5. The owner or operator of an affected facility 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.
[Environmental Comm’n, Air Quality Reg. §§ 2.5.1-2.5.3, eff. 11-7-75; A 8-28-79; § 2.5.4, eff. 11-7-75; §§ 2.5.4.1-2.5.4.7, eff. 8-28-79]—(NAC A 8-22-86; 9-19-90; 10-30-95; R065-03, 10-30-2003)
NAC 445B.233 Excess emissions: Determination of violation. (NRS 445B.210)
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 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.
2. If the owner or operator misrepresents facts or fails to disclose facts of which he had prior knowledge, the Director shall deem that the period of excess emissions violates NAC 445B.001 to 445B.3791, inclusive.
3. Nothing in this section limits the obligation of the owner or operator of the stationary source to attain and maintain the standards for ambient air quality promulgated in NAC 445B.22097 or the authority of the Director to institute actions under sections 113 and 303 of the Act or to exercise his authority under NRS 445B.100 to 445B.640, inclusive.
[Environmental Comm’n, Air Quality Reg. §§ 2.5.5-2.5.7, eff. 8-28-79]—(NAC A 7-2-84; 8-22-86; R 12-13-93, eff. 11-15-94; A 10-30-95)
NAC 445B.235 Construction or modification: Determination by Director. (NRS 445B.210)
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)
NAC 445B.236 Construction or modification: Review of plans. (NRS 445B.210)
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.
[Environmental Comm’n, Air Quality Reg. §§ 2.12.1-2.12.2.2, eff. 12-4-76]—(NAC A 12-13-93; R096-05, 10-31-2005)
NAC 445B.239 Modification: Rate of emission. (NRS 445B.210)
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.
2. When the rate of emission is based on results from manual tests for emission or systems for continuous observation, the procedures specified in Appendix C of 40 C.F.R. § 60 must be used to determine whether an increase in the rate of emission has occurred. Tests must be conducted under such conditions as the Director specifies to the owner or operator based on the representative performance of the facility. At least three valid tests must be conducted before and at least three after the physical or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for each running of a test.
[Environmental Comm’n, Air Quality Reg. §§ 2.14.2-2.14.2.2, eff. 12-4-76]—(NAC A 10-15-85; R 12-13-93, eff. 11-15-94; A 10-30-95)
NAC 445B.242 Modification: Alterations which are not considered modifications. (NRS 445B.210) 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)
NAC 445B.247 Reconstruction: Notice of replacement of components. (NRS 445B.210, 445B.300)
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.
(b) “Fixed capital cost” means the capital needed to provide all the depreciable components.
2. An existing facility, upon reconstruction, becomes an affected facility, irrespective of any change in emission rate. If an owner or operator of an existing facility proposes to replace components and 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, he shall notify the Director of the proposed replacements. The notice must be postmarked 60 days or as soon as practicable before construction of the replacements is commenced and must include the following information:
(a) Name and address of the owner or operator.
(b) The location of the existing facility.
(c) A brief description of the existing facility and the components which are to be replaced.
(d) A description of the existing air pollution control equipment and the proposed air pollution control equipment.
(e) An estimate of the fixed capital cost of the replacements and of constructing an entirely new comparable facility.
(f) The estimated life of the existing facility after the replacements.
(g) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the proposed replacements.
[Environmental Comm’n, Air Quality Reg. §§ 2.15.1-2.15.4.7, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95)—(Substituted in revision for NAC 445.679)
NAC 445B.248 Reconstruction: Determination of whether replacement constitutes reconstruction. (NRS 445B.210, 445B.300)
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 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.
[Environmental Comm’n, Air Quality Reg. §§ 2.15.5-2.15.6.4, eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95)—(Substituted in revision for NAC 445.680)
NAC 445B.250 Notification of Director: Construction, reconstruction and initial start-up; demonstration of continuous monitoring system performance. (NRS 445B.210, 445B.300) 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)
NAC 445B.252 Testing and sampling. (NRS 445B.210, 445B.225, 445B.300)
1. To determine compliance with NAC 445B.001 to 445B.3791, 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 method of reference 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 he 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.
3. Tests of performance must be conducted under such conditions as the Director specifies to the operator of the plant based on representative performance of the affected facility. The owner or operator shall make available to the Director such records as may be necessary to determine the conditions of the test of performance. Operations during periods of start-up, shutdown and malfunction must not constitute representative conditions of a test of performance unless otherwise specified in the applicable standard.
4. The owner or operator of an affected facility shall give notice to the Director 30 days before the test of performance to allow the Director to have an observer present. A written testing procedure for the test of performance must be submitted to the Director at least 30 days before the test of performance to allow the Director to review the proposed testing procedures.
5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run must be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, failure of an irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less than three valid samples being obtained, compliance may be determined using the arithmetic mean of the results of the other two runs upon the Director’s approval.
6. All testing and sampling will be performed in accordance with recognized methods and as specified by the Director.
7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent allied facilities as may be required and specified in writing by the Director must be provided and paid for by the owner of the stationary source.
8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and as to their compliance with all provisions of these regulations, and copies of these results must be provided to the Director no later than 60 days after the testing or sampling, or both.
9. Notwithstanding the provisions of subsection 2, the Director shall not approve an alternative method or equivalent method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for:
(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations; or
(b) An affected source.
[Environmental Comm’n, Air Quality Reg. §§ 2.6.1-2.6.4, eff. 11-7-65; A 12-4-76; §§ 2.6.5-2.6.9, eff. 12-4-76]—(NAC A 10-15-85; 10-22-87; 10-30-95; R065-03, 10-30-2003)
NAC 445B.254 Exceptional event: Review of data concerning air quality collected in affected area; determination. (NRS 445B.210)
1. The Commission will review the data concerning air quality collected during the period and in the affected area of the exceptional event to determine whether a person or government, governmental agency or political subdivision of a government has complied with the provisions of NAC 445B.001 to 445B.3689, inclusive.
2. The Commission hereby adopts by reference sections 2, 3, 4.2 and 4.4 of the Guideline on the Identification and Use of Air Quality Data Affected by Exceptional Events, EPA-450/4-86-007, published by the Environmental Protection Agency, July 1986. A copy of the publication may be obtained from the National Technical Information Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161, for the price of $20.
3. The Commission may declare an event an exceptional event if the event complies with any of the following requirements:
(a) For a high wind, an hourly speed equal to or greater than 30 miles per hour or gusts equal to or greater than 40 miles per hour with no precipitation or only a trace of precipitation observed as scattered drops that do not completely wet or cover an exposed area at a rate of not more than 0.01 inch per hour.
(b) For a forest or wildland fire, an uncontrolled fire in vegetation or related flammable material that is destructive to natural resources if the fire burns an area:
(1) Equal to or greater than 9 acres and is within 3 miles upwind of a device to monitor air quality; or
(2) Greater than 9 acres and receptor or dispersion modeling demonstrates that air quality in the monitored area was affected by the fire.
(c) For a prescribed burning, a controlled fire of vegetative material that is used to improve range or forestry resources. Prescribed burning must be limited to those days when the meteorological conditions are conducive to maximum dispersion.
(d) For a structural fire, any accidental fire involving a building that is at least 600 square feet in size and located within 500 meters of a device to monitor air quality.
(e) For a high pollen count, a pollen count index above 25 grains/cm2 or 1,000 grains/m3.
(f) For a rerouting of traffic, a temporary deviation or detour of vehicular traffic because of an accident, construction or demolition, if the detour lasts for not more than 1 week and the rerouted traffic is within 500 meters of a device to monitor air quality.
(g) For unusual traffic congestion, a condition resulting from a major accident, or an obstruction for a short period, such as demolition or construction, if the congestion is not a regular occurrence and is located within 500 meters of a monitoring site.
(h) For a large gathering of persons, a gathering of more than 10,000 persons and 5,000 cars at any one time and at a single location, if the:
(1) Unusual traffic congestion is associated with the event;
(2) Event occurs less than once a year; and
(3) Event is held in a location which is not regularly used for those purposes.
(i) For a chemical spill or an industrial accident, emissions that result from accidents such as a fire, explosion, power outage, train derailment, vehicular accident, or any combination thereof, if the spill or accident is not a regular occurrence.
(j) For a stratospheric ozone intrusion, a parcel of air originating in the stratosphere at an average height of 12.4 miles entrained directly to the surface of the earth.
(k) For a volcanic eruption, the emission or ejection of volcanic materials at the earth’s surface from a crater or fissure.
(l) For any activity relating to cleanup after a major natural disaster, if the Governor or Legislature declares an emergency because of the natural disaster or the area affected by the natural disaster has been designated as being eligible for federal assistance.
4. If the Commission determines that an event is exceptional, the air quality data collected within the period and affected area of the event must be treated in a consistent manner.
5. As used in this section, “exceptional event” means an event which is uncontrollable or is not expected to occur regularly at a given location.
(Added to NAC by Environmental Comm’n, eff. 12-26-91)
NAC 445B.255 Monitoring guidelines. (NRS 445B.210, 445B.225) The Division may establish guidelines for monitoring a stationary source.
(Added to NAC by Environmental Comm’n by R019-99, eff. 9-27-99)
NAC 445B.256 Monitoring systems: Calibration, operation and maintenance of equipment. (NRS 445B.210, 445B.225) 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)
NAC 445B.257 Monitoring systems: Location. (NRS 445B.210, 445B.225)
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)
NAC 445B.258 Monitoring systems: Verification of operational status. (NRS 445B.210, 445B.225)
1. Unless otherwise approved by the Director or specified in NAC 445B.001 to 445B.3791, 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.
[Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)
NAC 445B.259 Monitoring systems: Performance evaluations. (NRS 445B.210, 445B.225)
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.
[Environmental Comm’n, Air Quality Reg. §§ 2.17.3 & 2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)
NAC 445B.260 Monitoring systems: Components contracted for before September 11, 1974. (NRS 445B.210, 445B.225)
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.
2. Owners or operators of all continuous monitoring systems installed on an affected facility before October 6, 1975, are not required to conduct tests under paragraphs (a) and (b) of subsection 1 unless requested by the Director.
3. All continuous monitoring systems referred to in subsection 1 must be upgraded or replaced, if necessary, with new continuous monitoring systems, and such improved systems must be demonstrated to comply with applicable performance specifications under NAC 445B.259 by September 11, 1979.
[Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2 & 2.17.3.3, eff. 12-4-76; A 12-4-77]—(NAC A by R151-06, 9-18-2006)
NAC 445B.261 Monitoring systems: Adjustments. (NRS 445B.210, 445B.225) 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)
NAC 445B.262 Monitoring systems: Measurement of opacity. (NRS 445B.210, 445B.225)
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.
2. Notwithstanding the provisions of subsection 1, the Director shall not approve an alternative method or equivalent method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for:
(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations; or
(b) An affected source.
[Environmental Comm’n, Air Quality Reg. part § 2.17.4, eff. 12-4-76; § 2.17.4.1, eff. 12-4-76; A 12-15-77; §§ 2.17.4.2 & 2.17.4.3, eff. 12-4-76]—(NAC A by R065-03, 10-30-2003)
NAC 445B.263 Monitoring systems: Frequency of operation. (NRS 445B.210, 445B.225) 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)
NAC 445B.264 Monitoring systems: Recordation of data. (NRS 445B.210, 445B.225)
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.3791, 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)
NAC 445B.265 Monitoring systems: Records; reports. (NRS 445B.210, 445B.225)
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.
Ê 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.
3. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all measurements, including:
(a) Continuous monitoring systems, monitoring devices and performance testing measurements;
(b) All continuous monitoring system performance evaluations;
(c) All continuous monitoring systems or monitoring device calibration checks;
(d) Adjustments and maintenance performed on these systems or devices; and
(e) All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form suitable for inspection.
Ê The file must be retained for at least 2 years following the date of the measurements, maintenance, reports and records.
[Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76]—(NAC A 7-2-84)—(Substituted in revision for NAC 445.692)
NAC 445B.267 Alternative monitoring procedures or requirements. (NRS 445B.210, 445B.225)
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.
2. Notwithstanding the provisions of subsection 1, the Director shall not approve an alternative method or equivalent method to determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations for:
(a) An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal Regulations; or
(b) An affected source.
[Environmental Comm’n, Air Quality Reg. §§ 2.17.9-2.17.9.7, eff. 12-4-76; § 2.17.9.8, eff. 12-4-76; A 12-15-77]—(NAC A 10-30-95; R065-03, 10-30-2003)
NAC 445B.271 Use of alternative method or equivalent method to determine compliance with permit. (NRS 445B.210) 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 7671q, 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)
NAC 445B.273 Schedules for compliance. (NRS 445B.210)
1. All new and existing stationary sources must comply with NAC 445B.001 to 445B.3791, 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)
NAC 445B.275 Violations: Acts constituting; notice. (NRS 445B.210, 445B.300, 445B.450)
1. Failure to comply with any requirement of NAC 445B.001 to 445B.3791, 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.3497, 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.
2. The written notice must specify the provision of NAC 445B.001 to 445B.3791, inclusive, the condition of the operating permit or the applicable requirement that is being violated.
3. 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. §§ 2.3.1 & 2.9.5-2.9.7, eff. 11-7-75; + § 13.1.8, eff. 11-7-75; A 12-15-77]—(NAC A 8-22-86; 10-22-87; 12-8-89; 12-13-93; 10-30-95; R103-02, 12-17-2002; R189-05, 5-4-2006)
NAC 445B.277 Stop orders. (NRS 445B.210, 445B.300)
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.3791, inclusive.
2. A stop order may be issued at any time by the Director upon his determination that there has been a violation of any of the provisions of NAC 445B.001 to 445B.3791, inclusive, any applicable requirement or any condition of the operating permit.
3. A person served with a stop order:
(a) Shall immediately stop all activities specified in the stop order.
(b) May apply for its revocation at any time, setting forth the facts upon which he believes that the reasons for the issuance of the stop order no longer exist. If the Director finds that the reasons for the issuance of the stop order no longer exist, he shall withdraw the order promptly. If the Director finds that the reasons for the issuance of the stop order still exist, or that other reasons exist for continuing a stop order in effect, he shall, within 24 hours, serve a written statement of his reasons for so finding.
[Environmental Comm’n, Air Quality Reg. §§ 3.3.1-3.3.5, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; 10-30-95; R189-05, 5-4-2006)
NAC 445B.279 Appeal of Director’s decision: Application forms. (NRS 445B.210, 445B.360) 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)
NAC 445B.281 Violations: Classification; administrative fines. (NRS 445B.210, 445B.470, 445B.640)
1. Except as otherwise provided in NAC 445B.001 to 445B.3791, 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 and Class III sources:
(a) Violations of NAC 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.
(b) The first violation of NAC 445B.22037 is classified as a minor violation. A subsequent violation of NAC 445B.22037 is classified as a major violation.
3. The schedule of fines for minor violations is as follows:
|
|
First |
Second |
Third |
|
|
Offense |
Offense |
Offense |
|
|
|
|
|
|
NAC 445B.22037, fugitive dust.................................... |
....... $250 |
Major violation |
Major violation |
|
NAC 445B.22067, open burning................................... |
......... 250 |
500 |
500 |
|
NAC 445B.2207, incinerator burning............................ |
......... 250 |
500 |
500 |
|
NAC 445B.22087, odors............................................... |
......... 250 |
500 |
500 |
|
Subsection 3 or 4 of NAC 445B.232, reporting of excess emissions........................................................ |
......... 250 |
500 |
500 |
|
Subsection 8 of NAC 445B.252, testing and sampling reporting.................................................................... |
......... 250 |
500 |
500 |
|
Subsection 2 of NAC 445B.265, reporting of monitoring systems.................................................... |
......... 250 |
500 |
500 |
|
Paragraph (e) of subsection 1 of NAC 445B.275, recordkeeping, monitoring, reporting or compliance certification................................................................ |
......... 250 |
500 |
500 |
|
NAC 445B.331, change of location............................... |
......... 250 |
500 |
500 |
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)
NAC 445B.283 Violations: Manner of paying fines. (NRS 445B.210, 445B.640)
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)
Operating Permits Generally
NAC 445B.287 Operating permits: General requirements; exception; restrictions on transfers. (NRS 445B.210, 445B.300)
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 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,
Ê as appropriate.
(b) If a stationary source is a Class II source, a revision of the operating permit or the permit to construct is required pursuant to the requirements of NAC 445B.3465 before the stationary source may be modified.
(c) If a stationary source is a Class III source, a revision of the operating permit is required pursuant to the requirements of NAC 445B.3493 before the stationary source may be modified.
(d) If a stationary source maintains one or more thermal units that emit mercury, the owner or operator of a thermal unit that emits mercury shall comply with the provisions set forth in NAC 445B.3611 to 445B.3689, inclusive.
(e) If a mercury budget source maintains one or more mercury budget units, the owner or operator of a mercury budget unit shall comply with the provisions set forth in NAC 445B.3711 to 445B.3791, inclusive.
2. A Class I source is not subject to the provisions of subparagraph (1) of paragraph (a) of subsection 1 if the source is not a major source, an affected source or a solid waste incineration unit required to obtain a permit pursuant to 42 U.S.C. § 7429(e). For a Class I source which is not a major source and which subsequently becomes subject to a standard or other requirement under 42 U.S.C. § 7411 or 7412, the Administrator will determine whether to exempt the source from the requirement to obtain a Class I operating permit at the time that the new standard is adopted.
3. An operating permit, operating permit to construct or permit to construct may not be transferred from one owner or piece of equipment to another. An owner or operator may apply for an administrative amendment reflecting a change of ownership or the name of the stationary source for the effective time remaining on the original operating permit pursuant to NAC 445B.319.
4. As used in this section:
(a) “Mercury budget unit” has the meaning ascribed to it in NAC 445B.3739.
(b) “Operator” has the meaning ascribed to it in NAC 445B.3749 with respect to a CAMR operating permit to construct.
(c) “Owner” has the meaning ascribed to it in NAC 445B.3753 with respect to a CAMR operating permit to construct.
(d) “Permit to construct” means a document issued and signed by the Director before November 1, 1995, certifying that:
(1) Adequate empirical data for a stationary source has been received and constitutes approval of location; or
(2) All portions of NAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other provisions of NAC 445B.001 to 445B.3791, inclusive, have been complied with and constitute approval of location and for construction.
(e) “Thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643.
[Environmental Comm’n, Air Quality Reg. §§ 3.1.1-3.1.3, eff. 11-7-75; A 12-15-77; § 3.1.9, eff. 11-7-75; A 12-4-76]—(NAC A 7-29-82; 10-22-87; 12-15-88; 12-13-93; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R189-05, 5-4-2006; R162-06, 9-18-2006)
NAC 445B.288 Operating permits: Exemptions from requirements; insignificant activities. (NRS 445B.210, 445B.300)
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.
2. The following emission units are considered to be insignificant activities unless the emission unit is otherwise subject to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63:
(a) Any equipment or other contrivance used exclusively for the processing of food for human consumption.
(b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour.
(c) An emission unit that has a maximum allowable throughput or batch load rate of less than 50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a hazardous air pollutant.
(d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capacity of less than 40,000 gallons.
(e) Except as otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or fuel-burning equipment that, individually, has a rating which is:
(1) Less than 4,000,000 Btu’s per hour; or
(2) Equal to or greater than 4,000,000 Btu’s per hour if the equipment operates less than 100 hours per calendar year.
(f) A portable internal combustion engine that has a rating for output which is:
(1) Less than 500 horsepower; or
(2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per calendar year.
(g) A stationary internal combustion engine that has a rating for output which is:
(1) Less than 250 horsepower; or
(2) Equal to or greater than 250 horsepower if the engine operates less than 100 hours per calendar year.
(h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies as an insignificant activity pursuant to this paragraph only if the emergency generator is an internal combustion engine that is used to generate electrical power to maintain essential operations during unplanned electrical power outages. An emergency generator that is owned or operated by a Class II source and whose potential to emit is calculated on the basis of less than 500 hours of operation does not qualify as an insignificant activity.
3. If an emission unit is considered an insignificant activity and is subject to a limitation on its hours of operation pursuant to subsection 2, the owner or operator of the emission unit shall maintain an operating log of the hours of operation of the emission unit. The operating log must be maintained at the site of the emission unit and made available to the Director upon his request. The owner or operator shall retain the operating log for not less than 5 years.
4. The Director may, upon written request and a satisfactory demonstration by an applicant, approve an emission unit as an insignificant activity if the emission unit is not otherwise subject to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity, an emission unit must meet the following criteria:
(a) The operation of the emission unit, not considering controls or limits on production, type of materials processed, combusted or stored, or hours of operation, will not result in:
(1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds per year, as appropriate;
(2) Emissions of regulated air pollutants that exceed 4,000 pounds per year;
(3) Emissions of regulated air pollutants that exceed any other limitation on emissions pursuant to any other applicable requirement; or
(4) Emissions of regulated air pollutants that adversely impact public health or safety, or exceed any ambient air quality standards; and
(b) The emissions from the emission unit are not relied on to avoid any other applicable requirements.
Ê If there are multiple emission units, the Director may, after considering the impact of the combined emissions of multiple emission units, determine whether to approve one or more of the specific emission units as an insignificant activity.
5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities, as determined pursuant to this section, must be included in any determination of whether a stationary source is a major source.
6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive, for any emission unit determined to be an insignificant activity in accordance with this section, as long as the stationary source is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the operation of the emission unit determined to be an insignificant activity.
7. A stationary source which consists solely of insignificant activities as determined pursuant to this section and which is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act is not required to obtain an operating permit to operate as a stationary source. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the operation of the stationary source or any insignificant activity that is a part of the stationary source.
8. The provisions of this section do not apply to a thermal unit that emits mercury.
9. As used in this section, “thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643.
[Environmental Comm’n, Air Quality Reg. § 3.1.8, eff. 11-7-75]—(NAC A 10-22-87; 12-8-89; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R117-00, 6-1-2001; R189-05, 5-4-2006)
NAC 445B.2915 Informal review of proposed new major source or proposed modification of existing major source. (NRS 445B.210, 445B.300)
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;
(b) The fee for conducting the informal review specified in NAC 445B.327; and
(c) Any other information concerning the proposed new major source or modification of the existing major source required by the Director.
(Added to NAC by Environmental Comm’n by R154-06, 11-13-2006, eff. 1-1-2007)
NAC 445B.295 Application: General requirements. (NRS 445B.210, 445B.300) 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 his 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)
NAC 445B.296 Application: Requests for inclusion of additional provisions. (NRS 445B.210, 445B.300) 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.
2. A federally enforceable emissions cap, the application must:
(a) State each applicable requirement that the applicant seeks to avoid;
(b) Demonstrate that the applicant will comply with any applicable requirements that the applicant does not avoid with the federally enforceable emissions cap;
(c) Contain proposed conditions of the operating permit which will ensure compliance with any applicable requirement; and
(d) Contain any additional information that the Director determines is necessary to process the application.
3. A provision regarding trading increases and decreases of emissions pursuant to a federally enforceable emissions cap, as set forth in subsection 2, the application must contain:
(a) Proposed replicable procedures and conditions of the operating permit that ensure that the trades of emissions are quantifiable and enforceable; and
(b) Any additional information that the Director determines is necessary to process the application.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-95, eff. 1-11-96)
NAC 445B.297 Application: Submission; certification; additional information. (NRS 445B.210, 445B.300)
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.
2. In addition to the requirements set forth in subsection 1, an applicant for a Class I operating permit must submit a copy of the application directly to the Administrator. The provisions of this subsection do not apply to applications for operating permits to construct that are subject to NAC 445B.33637.
(Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 10-30-95; R125-04, 9-24-2004; R189-05, 5-4-2006; R139-06, 9-18-2006)
NAC 445B.298 Application: Official date of submittal. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.3364, 445B.3395, 445B.3457, 445B.3487, 445B.3683 or 445B.3769, 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,
Ê 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)
NAC 445B.305 Operating permits: Imposition of more stringent standards for emissions. (NRS 445B.210, 445B.300) 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.3791, 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)
NAC 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan. (NRS 445B.210, 445B.300)
1. 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,
Ê 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.
2. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the environmental evaluation submitted by the applicant shows, or if the Director determines, in accordance with the provisions of this section, that the stationary source:
(a) Will prevent the attainment and maintenance of the state or national ambient air quality standards. For the purposes of this paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered in the environmental evaluation.
(b) Will cause a violation of the applicable state implementation plan.
(c) Will cause a violation of any applicable requirement.
(d) Will not comply with subsection 4.
3. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the Director determines that the degree of emission limitation required for control of an air pollutant under this section is affected by that amount of the stack height of any source as exceeds good engineering practice stack height, or any other dispersion technique.
4. Except as otherwise provided in subsection 5, to be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modification, as those terms are defined in 40 C.F.R. § 51.165, who proposes to construct in an area designated nonattainment for the regulated air pollutant or pollutants for which the stationary source or modification is major must:
(a) Comply with the provisions of 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221.
(b) Adopt as an emission limitation for the stationary source the lowest achievable emission rate for each nonattainment regulated air pollutant from the stationary source.
(c) Demonstrate that all other stationary sources within this State which are owned, operated or controlled by the applicant are in compliance or on a schedule of compliance with NAC 445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the permit.
(d) Conduct an analysis of any anticipated impact on visibility in any federal Class I area which may be caused by emissions from the stationary source.
(e) Conduct an analysis of alternative sites, sizes, processes of production and techniques for environmental control for the proposed stationary source. Except as otherwise provided in this paragraph, the analysis must demonstrate that the benefits of the proposed stationary source significantly outweigh the detrimental environmental and social effects that will result from its location, construction or modification. If the major stationary source or major modification proposes to locate in an area designated as marginal nonattainment for ozone, the analysis must demonstrate an offset ratio of 1.2 to 1 for volatile organic compounds and nitrogen oxides. For the purposes of this paragraph, a stationary source which is major for volatile organic compounds or nitrogen oxides shall be deemed major for ozone if the proposed location of the major stationary source or major modification is in an area designated as nonattainment for ozone.
(f) Comply with one of the following:
(1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the total allowable emissions of each nonattainment regulated air pollutant from the existing stationary sources in the area, those stationary sources in the area which have received their respective permits and the proposed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area which have received their respective permits before the proposed stationary source applies for its operating permit or a revision of an operating permit, in order to achieve reasonable further progress; or
(2) If the major stationary source or major modification is located in a zone identified by the Administrator as one to be targeted for economic development, the owner or operator must demonstrate that the emission from the stationary source will not cause or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.
Ê For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the appropriate local agency for the control of air pollution.
5. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modification, as those terms are defined in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221, who proposes to construct in an area designated as basic nonattainment for ozone must:
(a) Comply with the provisions of 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221.
(b) Adopt as an emission limitation for the stationary source the best available control technology for volatile organic compounds and nitrogen oxides from the stationary source.
(c) Demonstrate that all other stationary sources within this State that are owned, operated or controlled by the applicant are in compliance or on a schedule of compliance with NAC 445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the permit.
(d) Demonstrate an offset ratio of 1 to 1 for volatile organic compounds and nitrogen oxides. For the purposes of this paragraph, a stationary source that is major for volatile organic compounds or nitrogen oxides shall be deemed major for ozone if the proposed location of the major stationary source or major modification is located in an area designated as basic nonattainment for ozone.
(e) Comply with one of the following:
(1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the total allowable emissions of each nonattainment regulated air pollutant from the existing stationary sources in the area, those stationary sources in the area that have received their respective permits and the proposed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area that received their respective permits before the proposed stationary source applies for its operating permit or a revision of an operating permit, in order to achieve reasonable further progress; or
(2) If the major stationary source or major modification is located in a zone identified by the Administrator as one to be targeted for economic development, the owner or operator must demonstrate that the emissions from the stationary source will not cause or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.
Ê For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the appropriate local agency for the control of air pollution.
6. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modification who proposes to construct in any area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.
7. The Director may impose any reasonable conditions on his approval, including conditions requiring the owner or operator of the stationary source to:
(a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the commencement of construction or modification and for any specified period after operation has begun at the stationary source; and
(b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3689, inclusive.
8. If a proposed stationary source located on contiguous property is constructed or modified in phases which individually are not subject to review as provided in NAC 445B.308 to 445B.314, inclusive, all phases occurring since November 7, 1975, must be added together for determining the applicability of those sections.
9. Approval and issuance of an operating permit or a revision of an operating permit for any stationary source does not affect the responsibilities of the owner or owners to comply with any other portion of the applicable state implementation plan.
10. As used in this section:
(a) “Lowest achievable emission rate” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221.
(b) “Offset ratio” means the percentage by which a reduction in an emission must exceed the corresponding increase in that emission.
(c) “Reasonable further progress” means the annual incremental reductions in emissions of the relevant regulated air pollutant that are required by 42 U.S.C. §§ 7501 to 7515, inclusive, or are required by the Administrator to ensure attainment of the applicable standard for national ambient air quality by the applicable date.
[Environmental Comm’n, Air Quality Reg. § 13.1.1, eff. 11-7-75; A 8-28-79; § 13.1.3, eff. 11-7-75; A 8-28-79; 2-28-80; §§ 13.1.4-13.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-06 & R151-06, 9-18-2006)
NAC 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption. (NRS 445B.210, 445B.300)
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.
2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental evaluation with the application. Within 30 days after receipt of a written request for an exemption, the Director shall grant or deny the request and notify the owner or operator in writing of his determination. If such an exemption is granted, the Director shall perform the environmental evaluation.
[Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75; A 12-15-77; renumbered as § 13.2, 8-28-79; § 13.3.1, eff. 11-7-75; A 12-15-77; renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 11-7-75; A 12-15-77; renumbered as § 13.2.2, 8-28-79; § 13.3.3, eff. 11-7-75; renumbered as § 13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; R125-04, 9-24-2004; R096-05, 10-31-2005; R139-06, 9-18-2006)
NAC 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height. (NRS 445B.210, 445B.300)
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) A dispersion analysis of each regulated air pollutant.
2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project.
3. An environmental evaluation must also consider good engineering practice stack height. If the Director considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall:
(a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of NAC 445B.083; and
(b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395.
4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated air pollutant must include:
(a) A dispersion model based on the applicable models, bases and other requirements specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, except that the Director may authorize the modification of a model specified in the “Guideline on Air Quality Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director determines that the modification or use is appropriate;
(b) A narrative report describing:
(1) If applicable, assumptions and premises used in the analysis, including, without limitation:
(I) Model options chosen;
(II) Urban versus rural selection;
(III) Background concentrations;
(IV) Characterization of emission sources as point, area or volume;
(V) Emission discharge points; and
(VI) Rate of emission from each emission unit; and
(2) The geographic area considered in the analysis, including, without limitation, information concerning:
(I) The nearest significant terrain features;
(II) The receptor grid or grids; and
(III) Restrictions on public access to the stationary source; and
(c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which:
(1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221:
(I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC 445B.308, and which covers a period of not less than 1 year;
(II) Has been obtained from an off-site location representative of the proposed si