Nevada Administrative Code

NAC 445B.225 Prohibited conduct: Concealment of emissions. (NRS 445B.210) No person may install, construct or use any device which conceals any emission without reducing the total release of regulated air pollutants to the atmosphere. [Environmental Comm’n, Air Quality Reg. § 2.2…

NAC 445B.227 Prohibited conduct: Operation of source without required equipment; removal or modification of required equipment; modification of required procedure. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.001 to 445B.390, inclusive, no person may: 1. Oper…

NAC 445B.229 Hazardous emissions: Order for reduction or discontinuance. (NRS 445B.210, 445B.450) Without limiting the authority of any state officer to declare or to act on an emergency, the Director or local air pollution control agency, upon determining that a generalized cond…

NAC 445B.230 Plan for reduction of emissions. (NRS 445B.210, 445B.560) 1. Any person who is able to cause or permit the emission of 100 tons (90.7 metric tons) or more per year of a regulated air pollutant, except for greenhouse gas emissions, from a stationary source shall prepa…

NAC 445B.232 Excess emissions: Scheduled maintenance, testing or repairs; notification of Director; malfunction, upset, start-up, shutdown or human error. (NRS 445B.210) 1. Scheduled maintenance or testing or scheduled repairs which may result in excess emissions of regulated air…

NAC 445B.233 Excess emissions: Determination of violation. (NRS 445B.210, 445B.300) 1. The Director shall determine from the submission of data and information required in subsection 5 of NAC 445B.232 or other information available to him or her that no violation occurred if: (a)…

NAC 445B.235 Construction or modification: Determination by Director. (NRS 445B.210) 1. When requested to do so by an owner or operator, the Director will make a determination of whether action taken or intended to be taken by the owner or operator constitutes construction, inclu…

NAC 445B.236 Construction or modification: Review of plans. (NRS 445B.210) 1. When requested to do so by an owner or operator, the Director will review plans for construction or modification to provide technical advice to the owner or operator. A separate request must be submitte…

NAC 445B.239 Modification: Rate of emission. (NRS 445B.210) 1. The rate of emission must be expressed in pounds per hour of any regulated air pollutant discharged into the atmosphere for which a standard is applicable. The Director shall use the following to determine the rate of…

NAC 445B.242 Modification: Alterations which are not considered modifications. (NRS 445B.210) The following are not by themselves considered modifications under NAC 445B.235 to 445B.250, inclusive: 1. Maintenance, repair and replacement which the Director determines to be routine…

NAC 445B.247 Reconstruction: Notice of replacement of components. (NRS 445B.210, 445B.300) 1. As used in NAC 445B.248 and 445B.250 and this section: (a) “Reconstruction” means the replacement of components of an existing facility to such an extent that: (1) The fixed capital cost…

NAC 445B.248 Reconstruction: Determination of whether replacement constitutes reconstruction. (NRS 445B.210, 445B.300) 1. The Director will determine, within 30 days of the receipt of the notice required by subsection 2 of NAC 445B.247 and any additional information he or she may…

NAC 445B.250 Notification of Director: Construction, reconstruction and initial start-up; demonstration of continuous monitoring system performance. (NRS 445B.210, 445B.300) Any owner or operator subject to the provisions of NAC 445B.001 to 445B.390, inclusive, shall furnish the …

NAC 445B.252 Testing and sampling. (NRS 445B.210, 445B.225, 445B.300) 1. To determine compliance with NAC 445B.001 to 445B.390, inclusive, before the approval or the continuance of an operating permit or similar class of permits, the Director may either conduct or order the owner…

NAC 445B.255 Monitoring guidelines. (NRS 445B.210, 445B.225) The Division may establish guidelines for monitoring a stationary source. (Added to NAC by Environmental Comm’n by R019-99, eff. 9-27-99)

NAC 445B.256 Monitoring systems: Calibration, operation and maintenance of equipment. (NRS 445B.210, 445B.225) The owners or operators of all stationary sources identified in Appendix P of 40 C.F.R. § 51(1.1) as amended from time to time, are required to install, calibrate, opera…

NAC 445B.257 Monitoring systems: Location. (NRS 445B.210, 445B.225) 1. All continuous monitoring systems or monitoring devices must be installed so that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures f…

NAC 445B.258 Monitoring systems: Verification of operational status. (NRS 445B.210, 445B.225) 1. Unless otherwise approved by the Director or specified in NAC 445B.001 to 445B.390, inclusive, the requirements of this section apply to all continuous monitoring systems required und…

NAC 445B.259 Monitoring systems: Performance evaluations. (NRS 445B.210, 445B.225) 1. During any performance tests required under NAC 445B.252 or within 30 days thereafter and at such other times as may be required by the Director under § 114 of the Act, the owner or operator of …

NAC 445B.260 Monitoring systems: Components contracted for before September 11, 1974. (NRS 445B.210, 445B.225) 1. Except as otherwise provided in subsection 2, an owner or operator who, before September 11, 1974, entered into a binding contractual obligation to purchase specific …

NAC 445B.261 Monitoring systems: Adjustments. (NRS 445B.210, 445B.225) Owners or operators of all continuous monitoring systems installed in accordance with the provisions of NAC 445B.256 to 445B.267, inclusive, shall check the zero and span drift at least once daily in accordanc…

NAC 445B.262 Monitoring systems: Measurement of opacity. (NRS 445B.210, 445B.225) 1. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases must be cleaned before performing the zero or span drift adjustments, except t…

NAC 445B.263 Monitoring systems: Frequency of operation. (NRS 445B.210, 445B.225) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required by NAC 445B.261, all continuous monitoring systems must be in continuous operation and meet minimum …

NAC 445B.264 Monitoring systems: Recordation of data. (NRS 445B.210, 445B.225) 1. Owners or operators of all continuous monitoring systems for the measurement of opacity shall reduce all data to 6-minute averages and for systems other than opacity to 1-hour averages. 2. For syste…

NAC 445B.265 Monitoring systems: Records; reports. (NRS 445B.210, 445B.225) 1. Any owner or operator subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain records of the occurrence and duration of any start-up, shutdown or malfunction in the operation o…

NAC 445B.267 Alternative monitoring procedures or requirements. (NRS 445B.210, 445B.225) 1. Upon written application by an owner or operator, the Director may approve alternatives to any monitoring procedures or requirements of NAC 445B.256 to 445B.267, inclusive, including, but …

NAC 445B.271 Use of alternative method or equivalent method to determine compliance with permit. (NRS 445B.210) An alternative method or an equivalent method may be used to determine compliance with a standard, requirement or condition for a permit that is required pursuant to 42…

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…