CHAPTER 445B - AIR CONTROLS

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 const…

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)—(S…

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-…

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; R04…

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…

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]—(…

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 it…

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 pollu…

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 spec…

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…

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…

NAC 445B.019 “Applicable requirement” defined. (NRS 445B.210, 445B.300) “Applicable requirement” means, as applied to a stationary source: 1. Any standard or other relevant requirement: (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.390, inclusive, …

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]—(Subst…

NAC 445B.027 “Bank” and “banking” defined. (NRS 445B.210, 445B.300) “Bank” or “banking” means the procedure which allows the Director to collect, identify, track, store and reserve emission reduction credits for future air quality management use, including, without limitation, th…

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 44…

NAC 445B.029 “Best available retrofit technology” defined. (NRS 445B.210) “Best available retrofit technology” means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant t…

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 s…

NAC 445B.035 “Class I application” defined. (NRS 445B.210, 445B.300) “Class I application” means an application for a Class I operating permit that is required for any new stationary source, existing stationary source or significant modification to an existing stationary source w…

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. Wh…

NAC 445B.037 “Class II source” defined. (NRS 445B.210, 445B.300) “Class II source” means any stationary source which: 1. 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.390, in…

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.390, inclusive, and: 1. Which emits or has the potential to emit, individually or in combination, a total of…

NAC 445B.0385 “Class IV source” defined. (NRS 445B.210, 445B.300) 1. “Class IV source” means a stationary source which: (a) Except as otherwise provided in subsection 2, is subject to the requirements set forth in NAC 445B.001 to 445B.390, inclusive. (b) Is not located at or a pa…

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.0423 “Commence” defined. (NRS 445B.210) “Commence,” as used in reference to construction or modification of a stationary source, means that the owner or operator has: 1. Obtained all necessary preconstruction approvals or permits, including those required by federal air …

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, e…

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…

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 i…

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 pa…

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 the Director’s designee or a person designated by or pursuant to a county or city ordinance or regional agreement or regulation to enforc…

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) Va…

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, a…

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. [Environment…

NAC 445B.0583 “Emission reduction credit” defined. (NRS 445B.210, 445B.300) “Emission reduction credit” means a unit of emission reduction measured in tons per year that has been applied for and approved by the Director in accordance with the provisions of NAC 445B.380 to 445B.39…

NAC 445B.0586 “Emission reduction credit summary report” defined. (NRS 445B.210, 445B.300) “Emission reduction credit summary report” means a report showing the emission reduction credit balance in the registry following the Director’s action pursuant to NAC 445B.3841, 445B.386, …

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;…

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 refer…

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.390, inclusive, or that is contained in an operating permit. The averaging time and test procedures fo…

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.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.390, inclusive, the construction or modification of which was commenced befor…