CHAPTER 445B - AIR CONTROLS

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 ind…

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 rev…

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 produ…

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-…

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…

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, 445B.300) “General permit” means an operating permit issued by the Director to cover certain operations or activities that are substantially similar in nature and are performed by numerous similar stationary sources. (Added to…

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 …

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…

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 §…

NAC 445B.0915 “Lowest achievable emission rate” defined. (NRS 445B.210, 445B.300) “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. (Added to NAC by Environmental Comm’n by R054-15, eff. 10-27-2015)

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…

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 maintenan…

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 …

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 tot…

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 …

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.603, inclusive, or as a …

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 line…

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 f…

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 Administra…

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 …

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 exce…

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 Qualit…

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 sour…

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 …

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, …

NAC 445B.123 “Operating permit” defined. (NRS 445B.210, 445B.300) “Operating permit” has the meaning ascribed to it in NRS 445B.145. Unless otherwise specifically stated, the term includes: 1. A Class I and a Class II operating permit; 2. An operating permit to construct; and 3. …

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…

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, e…

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…

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, A…

NAC 445B.133 “Permanent” defined. (NRS 445B.210, 445B.300) “Permanent” means an emission reduction that is long-lasting and unchanging for the remaining life of the facility or project that generated the emission reduction credit. (Added to NAC by Environmental Comm’n by R054-15,…

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-…

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 con…

NAC 445B.1348 “PM2.5” defined. (NRS 445B.210) “PM2.5” means any particulate matter in the atmosphere with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by an approved reference method or equivalent method based on 40 C.F.R. Part 50, Appendix …

NAC 445B.1349 “PM2.5 emissions” defined. (NRS 445B.210) “PM2.5 emissions” means PM2.5 emitted directly from an air emissions source or activity. The term includes gaseous emissions emitted from a source or activity that condense to form particulate matter at ambient temperatures.…

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 an…