CHAPTER 445B - AIR CONTROLS

NAC 445B.3465 Application for revision. (NRS 445B.210, 445B.300) 1. The owner or operator of a stationary source with a Class II operating permit may request, on an application form provided by the Director, a revision of the operating permit to allow for a modification to the st…

NAC 445B.3473 Renewal of permit. (NRS 445B.210, 445B.300) 1. All Class II operating permits must be renewed 5 years after the date of issuance. 2. A complete application for renewal of a Class II operating permit must be submitted to the Director on the form provided by the Direc…

NAC 445B.3477 Class II general permit: Action by Director; publication and contents of notice; public comment and hearing; approval or denial; request for stationary source to operate under permit; expiration and renewal. (NRS 445B.210, 445B.300) 1. The Director may issue a Class…

NAC 445B.3526 Required reports. (NRS 445B.210, 445B.300) The holder of a Class IV operating permit shall submit any reports required by NAC 445B.001 to 445B.390, inclusive, and any other reports deemed necessary by the Director to the Director in accordance with the reporting pro…

NAC 445B.3611 Definitions. (NRS 445B.210, 445B.300) As used in NAC 445B.3611 to 445B.3689, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445B.3613 to 445B.3649, inclusive, have the meanings ascribed to them in those sections. (Added to NAC b…

NAC 445B.3613 “De minimis mercury emissions” defined. (NRS 445B.210, 445B.300) “De minimis mercury emissions” means mercury emissions from a thermal unit that emits mercury which are determined by the Director pursuant to NAC 445B.3657 to be insufficient to require compliance wit…

NAC 445B.3615 “Existing thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “Existing thermal unit that emits mercury” means a thermal unit that emits mercury which was constructed before March 8, 2006. (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-200…

NAC 445B.3617 “Mercury” defined. (NRS 445B.210, 445B.300) “Mercury” means elemental mercury and all compounds of mercury. (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-2006)

NAC 445B.3619 “Mercury co-product” defined. (NRS 445B.210, 445B.300) “Mercury co-product” means any mercury which is collected from the site of a stationary source that conducts precious metals mining for shipment to another location to be sold or recycled. (Added to NAC by Envir…

NAC 445B.3621 “Mercury early reduction credit” defined. (NRS 445B.210, 445B.300) “Mercury early reduction credit” means an extension of the time required to apply NvMACT pursuant to NAC 445B.3611 to 445B.3689, inclusive, which may be granted by the Director in his or her taking f…

NAC 445B.3623 “Mercury emissions” defined. (NRS 445B.210, 445B.300) “Mercury emissions” means mercury which is released into the atmosphere. (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-2006)

NAC 445B.3625 “Mercury operating permit to construct” defined. (NRS 445B.210, 445B.300) “Mercury operating permit to construct” means a permit signed and issued by the Director for the operation, construction or modification of a thermal unit that emits mercury, which includes, w…

NAC 445B.3627 “Modified thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “Modified thermal unit that emits mercury” means a thermal unit that emits mercury for which an application is submitted on or after May 4, 2006, to change the method of operation of or to …

NAC 445B.3629 “Nevada maximum achievable control technology” and “NvMACT” defined. (NRS 445B.210, 445B.300) “Nevada maximum achievable control technology,” abbreviated as “NvMACT,” means a standard, method of control or any other limitation which is applied to an existing thermal…

NAC 445B.3631 “New thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “New thermal unit that emits mercury” means a thermal unit that emits mercury which has obtained, on or after May 4, 2006, an operating permit pursuant to NAC 445B.001 to 445B.390, inclusive, th…

NAC 445B.3633 “Phase-1 application” defined. (NRS 445B.210, 445B.300) “Phase-1 application” means an application for a mercury operating permit to construct for an existing thermal unit that emits mercury. (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-2006; A by R077…

NAC 445B.3635 “Phase-2 application” defined. (NRS 445B.210, 445B.300) “Phase-2 application” means an application which is submitted in accordance with NAC 445B.3675 to revise a mercury operating permit to construct which was issued pursuant to a phase-1 application for an existin…

NAC 445B.3637 “Precious metals mining” defined. (NRS 445B.210, 445B.300) “Precious metals mining” means the mining of gold or silver ore by the owner or operator of a stationary source that belongs to Industry Group 104, Gold and Silver Ores, of Major Group 10, Metal Mining, of t…

NAC 445B.3639 “Presumptive Nevada maximum achievable control technology” and “presumptive NvMACT” defined. (NRS 445B.210, 445B.300) “Presumptive Nevada maximum achievable control technology,” abbreviated as “presumptive NvMACT,” means the technologies to control mercury emissions…

NAC 445B.3641 “Thermal unit” defined. (NRS 445B.210, 445B.300) “Thermal unit” means an emission unit which: 1. Is located at a stationary source that conducts precious metals mining; and 2. Uses direct or indirect sources of heat energy. (Added to NAC by Environmental Comm’n by R…

NAC 445B.3643 “Thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “Thermal unit that emits mercury” means an emission unit which: 1. Is located at a stationary source that conducts precious metals mining; and 2. Emits or has the potential to emit mercury that: (a)…

NAC 445B.3645 “Tier-1 thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “Tier-1 thermal unit that emits mercury” means any existing thermal unit that emits mercury which: 1. Emits mercury at a level that is greater than de minimis mercury emissions; and 2. Is loc…

NAC 445B.3647 “Tier-2 thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300) “Tier-2 thermal unit that emits mercury” means an existing thermal unit that emits mercury which emits or has the potential to emit mercury at a level that is greater than de minimis mercury …

NAC 445B.3649 “Tier-3 thermal unit” defined. (NRS 445B.210, 445B.300) “Tier-3 thermal unit” means a thermal unit which: 1. Without any controls for mercury emissions, is not capable of and does not have the potential to emit mercury into the atmosphere; 2. Obtains an operating pe…

NAC 445B.3651 Identification of technologies that constitute presumptive NvMACT. (NRS 445B.210, 445B.300) The technologies to control mercury emissions which are set forth in this section by the associated system or process unit of the tier-1 thermal unit that emits mercury, and …

NAC 445B.3653 Identification of tier-1 thermal units that emit mercury. (NRS 445B.210, 445B.300) The existing thermal units that emit mercury which are set forth in this section, and none other, are tier-1 thermal units that emit mercury: 1. For Goldstrike Mining Operations of Ba…

NAC 445B.3655 Establishment and implementation of Nevada Mercury Air Emissions Control Program. (NRS 445B.210, 445B.300) The Commission will establish and the Director shall implement the Nevada Mercury Air Emissions Control Program in accordance with the provisions set forth in …

NAC 445B.3657 Determination by Director of de minimis mercury emissions. (NRS 445B.210, 445B.300) 1. The Director shall make an initial determination of the de minimis mercury emissions for thermal units that emit mercury not later than July 3, 2006. 2. The Director may, upon wri…

NAC 445B.3659 Application of NvMACT required for control of mercury emissions. (NRS 445B.210, 445B.300) No owner or operator of a tier-2 thermal unit that emits mercury, new thermal unit that emits mercury or modified thermal unit that emits mercury may cause or permit the discha…

NAC 445B.3661 Mercury operating permits to construct: General requirements; restrictions on transfers. (NRS 445B.210, 445B.300) 1. A mercury operating permit to construct is required for each: (a) Existing thermal unit that emits mercury, other than a tier-3 thermal unit, pursuan…

NAC 445B.3663 Mercury operating permits to construct: Duties of owner or operator of stationary source which conducts precious metals mining; form of application. (NRS 445B.210, 445B.300) 1. An owner or operator of a stationary source which conducts precious metals mining shall o…

NAC 445B.3665 Duties of owner or operator of tier-3 thermal unit. (NRS 445B.210, 445B.300) 1. An owner or operator of a tier-3 thermal unit: (a) Must have an operating permit issued pursuant to NAC 445B.001 to 445B.390, inclusive, to operate the thermal unit; (b) Shall submit doc…

NAC 445B.3667 Tier-2 thermal unit that emits mercury: Deadlines for submission of phase-1 and phase-2 applications. (NRS 445B.210, 445B.300) 1. An owner or operator of a tier-2 thermal unit that emits mercury shall submit a phase-1 application to the Director not later than Octob…

NAC 445B.3669 Existing thermal unit that emits mercury: Submission of phase-1 application following determination of de minimis mercury emissions. (NRS 445B.210, 445B.300) Within 90 days after the date of final notification of the determination of de minimis mercury emissions pur…

NAC 445B.3671 Tier-2 thermal unit that emits mercury: Contents of required applications. (NRS 445B.210, 445B.225, 445B.300) A phase-1 application, a phase-2 application and an application for a revision of a mercury operating permit to construct for an existing thermal unit that …

NAC 445B.3673 Existing thermal unit that emits mercury: Contents of phase-1 application; sampling and testing for tier-1 thermal unit. (NRS 445B.210, 445B.225, 445B.300) A phase-1 application or an application for a revision of a mercury operating permit to construct which was is…

NAC 445B.3675 Tier-2 thermal unit that emits mercury: Contents of phase-2 application. (NRS 445B.210, 445B.225, 445B.300) A phase-2 application for a tier-2 thermal unit that emits mercury, or an application for a revision of a mercury operating permit to construct which was issu…

NAC 445B.3677 Review of and action on application for tier-2 thermal unit that emits mercury. (NRS 445B.210, 445B.300) For each tier-2 thermal unit that emits mercury: 1. For a phase-1 application, phase-2 application or an application for the revision of a mercury operating perm…

NAC 445B.3679 Mercury operating permit to construct for tier-2 thermal unit that emits mercury: Required conditions and information. (NRS 445B.210, 445B.300) For each tier-2 thermal unit that emits mercury: 1. The Director shall cite the legal authority for each condition contain…

NAC 445B.3681 New or modified thermal unit that emits mercury: Contents of required application. (NRS 445B.210, 445B.300) An application for a mercury operating permit to construct or an application for a revision of a mercury operating permit to construct for a new thermal unit …

NAC 445B.3683 Review of and action on application for new or modified thermal unit that emits mercury. (NRS 445B.210, 445B.300) For each new or modified thermal unit that emits mercury: 1. Within 30 days after the date of receipt of an application for a mercury operating permit t…

NAC 445B.3685 Mercury operating permit to construct for new or modified thermal unit that emits mercury: Required conditions and information. (NRS 445B.210, 445B.300) For each new thermal unit that emits mercury or modified thermal unit that emits mercury: 1. The Director shall c…

NAC 445B.3687 Mercury operating permit to construct for new or modified thermal unit that emits mercury: Expiration and extension. (NRS 445B.210, 445B.300) For a new thermal unit that emits mercury or a modified thermal unit that emits mercury: 1. If construction will occur in on…

NAC 445B.3689 Fees: Determination, payment and collection; late penalty. (NRS 445B.210, 445B.300, 445B.305) 1. The fee for a mercury operating permit to construct as required pursuant to NAC 445B.3611 to 445B.3689, inclusive, must be determined as follows: (a) For a mercury opera…

NAC 445B.3701 Definitions. (NRS 445B.932) As used in NAC 445B.3701 to 445B.3709, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445B.37013 and 445B.37015 have the meanings ascribed to them in those sections. (Added to NAC by Environmental Com…

NAC 445B.37013 “Approved contractor” defined. (NRS 445B.932) “Approved contractor” means a contractor that has been approved by the Division pursuant to NAC 445B.3704 to sell an eligible clean truck or bus. (Added to NAC by Environmental Comm’n by R144-24, eff. 12-19-2024)

NAC 445B.37015 “Eligible clean truck or bus” defined. (NRS 445B.932) “Eligible clean truck or bus” means: 1. A clean truck or bus that is approved by the Division pursuant to NAC 445B.3702 to be eligible for purchase using an incentive from the Program; or 2. A repowered vehicle …