CHAPTER 445B - AIR CONTROLS

NAC 445B.273 Schedules for compliance. (NRS 445B.210) 1. All new and existing stationary sources must comply with NAC 445B.001 to 445B.390, inclusive. Existing stationary sources are in compliance with those sections and may continue to operate under the provisions of their appro…

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.390, inclusive, any applicable requirement or any condition of an operating permit constitutes a violation. As required by NRS …

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 …

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.300, 445B.470, 445B.640) 1. Except as otherwise provided in NAC 445B.001 to 445B.390, inclusive, any violation of the provisions of those sections is classified as a major violation, and a fine up …

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, certi…

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…

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 sole…

NAC 445B.2915 Request for 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 modific…

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 ad…

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) Demonstrat…

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…

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 or 445B.3683, the official date of submittal of an application for: 1. An operating permit; 2. An operating permit to construct; 3. A…

NAC 445B.302 Operating permits: Renewal of permit issued on or after January 1, 2018. (NRS 445B.210) The Director may renew an existing Class I or Class II operating permit that was issued on or after January 1, 2018, if: 1. No revisions to the operating permit are necessary; 2. …

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.390, inclusive, as a con…

NAC 445B.308 Prerequisites and conditions for issuance or revision 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 opera…

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. …

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.3135, inclusive, or as requ…

NAC 445B.313 Method for determining maximum heat input: Class I sources. (NRS 445B.210, 445B.300) For the purposes of determining the effects of Class I sources on the quality of ambient air and determining the applicability of a federally enforceable standard or requirement to a…

NAC 445B.3135 Method for determining heat input: Class II sources. (NRS 445B.210, 445B.300) For the purposes of determining the effects of a Class II source on the quality of ambient air pursuant to NAC 445B.308, 445B.310 and 445B.311, the heat input is the aggregate heat content…

NAC 445B.314 Method for determining heat input: Class III and Class IV sources. (NRS 445B.210, 445B.300) For the purposes of determining the effects of a Class III source or a Class IV source on the quality of ambient air pursuant to NAC 445B.308, 445B.310 and 445B.311, the heat …

NAC 445B.315 Contents of operating permits: Exception for operating permits to construct; required conditions. (NRS 445B.210, 445B.300) 1. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to operating permits to construct.…

NAC 445B.318 Operating permits: Requirement for each source; form of application; issuance or denial; posting. (NRS 445B.210, 445B.300) 1. An operating permit is required for each new or existing stationary source. 2. Application for the issuance of an operating permit or a repla…

NAC 445B.319 Operating permits: Administrative amendment; fee. (NRS 445B.210, 445B.300) 1. The holder of an operating permit may request or the Director may initiate an administrative amendment of an operating permit to: (a) Correct typographical errors; (b) Identify a change in …

NAC 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance. (NRS 445B.210, 445B.300) 1. A Class I operating permit must be reopened and revised to incorporate any additional applicable requirement adopted pursuant to the Act if, on…

NAC 445B.326 Operating permits: Assertion of emergency as affirmative defense to action for noncompliance. (NRS 445B.210, 445B.300) 1. A holder of an operating permit may assert an affirmative defense to an action brought for noncompliance with a technology-based emission limitat…

NAC 445B.3265 Operating permits: Revocation and reissuance. (NRS 445B.210, 445B.300) 1. An operating permit may be revoked if the control equipment is not operating. 2. An operating permit may be revoked by the Director upon determining that there has been a violation of NAC 445B…

NAC 445B.327 Fees; late penalty. (NRS 445B.210, 445B.300) 1. Except as otherwise provided in this section, if a stationary source is not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, the fees for an operating permit are as f…

NAC 445B.331 Request for change of location of emission unit; fee. (NRS 445B.210, 445B.300) A request for a change of the location of an emission unit must be made in writing to the Director and submitted with the fee of $200 for each emission unit at least 10 days before each ch…

NAC 445B.3361 General requirements. (NRS 445B.210, 445B.300) 1. To establish a new Class I stationary source or modify an existing Class I stationary source, the owner or operator of a proposed new Class I stationary source or the existing Class I stationary source must: (a) Appl…

NAC 445B.3363 Operating permit to construct: Application. (NRS 445B.210, 445B.300) 1. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to NAC 445B.295, an application for a Class I operating permit to construct or for a revision of …

NAC 445B.33637 Operating permit to construct for approval of plantwide applicability limitation: Application. (NRS 445B.210, 445B.300) 1. In addition to the requirements set forth in subsection 1 of NAC 445B.297, an application for a Class I operating permit to construct for the …

NAC 445B.3364 Operating permit to construct: Action by Director on application for issuance or revision; publication and contents of notice; public comment and hearing; approval or denial; objection by Administrator. (NRS 445B.210, 445B.300) 1. Except for sources that are subject…

NAC 445B.3365 Operating permit to construct: Contents; noncompliance with conditions. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.33656: 1. The Director shall cite the legal authority for each condition contained in an operating permit to construct. 2. An op…

NAC 445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance with conditions. (NRS 445B.210, 445B.300) 1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construc…

NAC 445B.3366 Expiration and extension of operating permit to construct; expiration and renewal of plantwide applicability limitation. (NRS 445B.210, 445B.300) 1. If construction will occur in one phase, an operating permit to construct for a new or modified stationary source exp…

NAC 445B.3368 Additional requirements for application; exception. (NRS 445B.210, 445B.300) 1. The information otherwise required by this section is not required if the owner or operator applied for an operating permit to construct and no changes have been made to the facility. Th…

NAC 445B.3375 Class I application: Filing requirement. (NRS 445B.210, 445B.300) 1. Except as otherwise provided in subsections 5 and 6 of NAC 445B.3361, an owner or operator of a stationary source must file a Class I application, on a form provided by the Director, and obtain a C…

NAC 445B.3395 Action by Director on application for issuance or revision of permit; publication and contents of notice; exception; public comment and hearing; approval or denial; objection by Administrator; expiration of permit; extension. (NRS 445B.210, 445B.300) 1. Except for s…

NAC 445B.340 Prerequisites to issuance, revision or renewal of permit. (NRS 445B.210, 445B.300) The Director may issue a Class I operating permit, or a revision of or a renewal of a Class I operating permit, if: 1. The Director has: (a) Received a complete application for a Class…

NAC 445B.3405 Required contents of permit. (NRS 445B.210, 445B.300) 1. In addition to the conditions set forth in NAC 445B.315, a Class I operating permit must include all applicable requirements and: (a) Include emission limitations and standards, including those operational req…

NAC 445B.342 Certain changes authorized without revision of permit; notification of authorized changes; fee. (NRS 445B.210, 445B.300) 1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which contravene an express term…

NAC 445B.3425 Minor revision of permit. (NRS 445B.210, 445B.300) 1. A minor revision may be made to a Class I operating permit if the revision: (a) Does not violate any applicable requirement; (b) Does not involve significant changes to the existing requirements for monitoring, r…

NAC 445B.344 Significant revision of permit. (NRS 445B.210, 445B.300) 1. The holder of an operating permit may request a significant revision of a Class I operating permit if it does not qualify as a change that may be made pursuant to NAC 445B.342, or as an administrative amendm…

NAC 445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct. (NRS 445B.210, 445B.300) 1. To modify a Class I stationary source in accordance with subsection 5 of NAC 445B.3361, the owner or operator of the Class I stationary source mu…

NAC 445B.3443 Renewal of permit. (NRS 445B.210, 445B.300) 1. All Class I operating permits must be renewed 5 years after the date of issuance. 2. A complete application for the renewal of a Class I operating permit must be submitted to the Director on the form provided by the Dir…

NAC 445B.3447 Class I general permit. (NRS 445B.210, 445B.300) 1. The Director may issue a Class I general permit covering numerous similar stationary sources. 2. A Class I general permit must set forth the criteria by which stationary sources may qualify for the Class I general …