Nevada Administrative Code

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…

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 wa…

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. § …

NAC 445B.069 “Federally enforceable” defined. (NRS 445B.210) “Federally enforceable” means all limitations and conditions which are enforceable by the Administrator pursuant to any provision of the Act, 40 C.F.R. §§ 52.21, any requirements developed pursuant to the applicable sta…

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 …