Title 40

NRS 445B.120 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1971, 1192; A 1973, 1811)

NRS 445B.125 “Department” defined. “Department” means the State Department of Conservation and Natural Resources. (Added to NRS by 1973, 1808; A 1973, 1406; 1977, 1142)

NRS 445B.130 “Director” defined. “Director” means the Director of the Department or the Director’s designee or person designated by or pursuant to a county or city ordinance or regional agreement or regulation to enforce local air pollution control ordinances and regulations. (Ad…

NRS 445B.135 “Federal Act” defined. “Federal Act” means the Clean Air Act (42 U.S.C. §§ 7401 et seq.), which includes the Clean Air Act of 1963 (P.L. 88-206) and amendments made by the Motor Vehicle Air Pollution Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act Amen…

NRS 445B.137 “Greenhouse gas” defined. “Greenhouse gas” means any of the following gases, either alone or in combination: 1. Carbon dioxide (CO2); 2. Hydrofluorocarbons; 3. Methane (CH4); 4. Nitrous oxide (N2O); 5. Perfluorocarbons; and 6. Sulphur hexafluoride (SF6). (Added to NR…

NRS 445B.140 “Hazardous air pollutant” defined. “Hazardous air pollutant” means a substance designated as such by the Commission pursuant to NRS 445B.210. (Added to NRS by 1993, 2849)

NRS 445B.145 “Operating permit” defined. “Operating permit” means a permit signed and issued by the Director approving, with conditions, the construction and operation of a source of any air contaminant. (Added to NRS by 1993, 2849)

NRS 445B.150 “Person” defined. “Person” includes the State of Nevada, political subdivisions, administrative agencies and public or quasi-public corporations. (Added to NRS by 1971, 1192; A 1985, 517)

NRS 445B.155 “Source” and “indirect source” defined. 1. “Source” means any property, real or personal, which directly emits or may emit any air contaminant. 2. “Indirect source” means any property or facility that has or solicits secondary or adjunctive activity which emits or ma…

NRS 445B.200 Creation and composition; Chair; quorum; compensation of members and employees; disqualification; technical support. 1. The State Environmental Commission is hereby created within the Department. The Commission consists of: (a) The Director of the Department of Wildl…

NRS 445B.205 Department designated as State Air Pollution Control Agency. The Department is: 1. Designated as the Air Pollution Control Agency of the State for the purposes of the Federal Act insofar as it pertains to state programs. 2. Authorized to take all action necessary or …

NRS 445B.210 Powers of Commission. The Commission may: 1. Subject to the provisions of NRS 445B.215, adopt regulations consistent with the general intent and purposes of NRS 445B.100 to 445B.640, inclusive, to prevent, abate and control air pollution. 2. Establish standards for a…

NRS 445B.215 Notice of public hearing on regulations of Commission. Notice of the public hearing on a regulation which is to be considered by the Commission must be given by at least three publications of a notice in newspapers throughout the State, once a week for 3 weeks, comme…

NRS 445B.220 Additional powers of Commission. In carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, the Commission, in addition to any other action which may be necessary or appropriate to carry out those purposes, may: 1. Cooperate with appropriate federal officer…

NRS 445B.225 Power of Commission to require testing of sources. The Commission may require the monitoring or source tests of existing or new stationary sources which can emit an air contaminant. (Added to NRS by 1973, 1810)

NRS 445B.230 Powers and duties of Department. The Department shall: 1. Make such determinations and issue such orders as may be necessary to implement the purposes of NRS 445B.100 to 445B.640, inclusive. 2. Apply for and receive grants or other funds or gifts from public or priva…

NRS 445B.235 Additional powers of Department; deposit of money collected from sale of emission credits or allocations; Department to develop regulations concerning public participation in determination of amount of emission credits or allocations available for sale. 1. In carryin…

NRS 445B.240 Power of representatives of Department to enter and inspect premises. 1. Any duly authorized officer, employee or representative of the Department may enter and inspect any property, premises or place on or at which an air contaminant source is located or is being co…

NRS 445B.245 Power of Department to perform or require test of emissions from stacks. The Department may perform a stack source emission test or require the source owner or operator to have such test made prior to approval or prior to the continuance of an operating permit or sim…

NRS 445B.275 Creation; members; terms. 1. The governing body of any district, county or city authorized to operate an air pollution control program pursuant to NRS 445B.100 to 445B.640, inclusive, may appoint an air pollution control hearing board. 2. The air pollution control he…

NRS 445B.280 Attendance of witnesses at hearing; contempt; compensation. 1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any s…

NRS 445B.300 Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of Commission or Department to act. 1. The Commission shall by regulation: (a) Require the person operating or responsible for the existence of …

NRS 445B.305 Commission to adopt regulations prescribing additional fee imposed on operators of mines with potential to emit mercury; amount of additional fee; operators of mines with potential to emit mercury to pay additional fee. 1. In addition to the fees for an operating per…

NRS 445B.310 Limitations on enforcement of federal and state regulations concerning indirect sources. 1. If any federal regulations relating to indirect sources become effective after January 17, 1977, the authority of a state agency to review new indirect sources may be exercise…

NRS 445B.320 Approval of plans and specifications required before construction or alteration of structure. 1. The Commission shall require, with respect to all sources of air contaminant, including indirect sources, that plans, specifications and such other information as the Com…

NRS 445B.330 Notice of regulatory action: Requirement; method; contents of notice. When the Department takes any regulatory action, under the provisions of NRS 445B.100 to 445B.640, inclusive, or under any rule, regulation, order or standard based thereon, it shall give reasonabl…

NRS 445B.340 Appeals to Commission: Notice of appeal. A party aggrieved may file notice of appeal with the Commission within 10 days after the date of notice of action of the Department, except as otherwise provided by law. (Added to NRS by 1973, 1809)

NRS 445B.350 Appeals to Commission: Hearings. 1. Within 20 days after receipt of the notice of appeal provided for in NRS 445B.340, the Commission shall hold a hearing. 2. Notice of the hearing shall be given to all affected parties no less than 5 days prior to the date set for t…

NRS 445B.360 Appeals to Commission: Appealable matters; action by Commission; regulations. 1. Any person aggrieved by: (a) The issuance, denial, renewal, modification, suspension or revocation of an operating permit; or (b) The issuance, modification or rescission of any other or…

NRS 445B.380 Report of Department concerning greenhouse gas emissions; consultation with certain entities concerning report; submission of information to Department; regulations. 1. The Department shall, not later than December 31, 2019, and each year thereafter, issue a report t…

NRS 445B.400 Conditions and criteria for granting variance; power to revoke. 1. The owner or operator of a source of air contaminant or a person who desires to establish such a source may apply to the Commission for a variance from its applicable regulations. The Commission may g…

NRS 445B.410 Renewal; protest and hearing on application for renewal. 1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting. 2. Application for any renewal must be made at least 60 days prior to expiration of the varia…

NRS 445B.420 Limitations on duration; annual review. 1. The following limitations of duration apply to all variances: (a) If the variance is granted because no practical means is known or available for prevention, abatement or control of the air pollution involved, the variance s…

NRS 445B.430 Granting and renewal discretionary. No applicant is entitled to the granting or renewal of a variance as of right. (Added to NRS by 1971, 1198; A 1973, 1818; 1977, 70) VIOLATIONS

NRS 445B.450 Notice and order by Director; hearing; alternative procedures. 1. Whenever the Director believes that a statute or regulation for the prevention, abatement or control of air pollution has been violated, the Director shall cause written notice to be served upon the pe…

NRS 445B.460 Injunctive relief. 1. If, in the judgment of the Director, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445B.100 to 445B.640, inclusive, or any rule, regulation, order o…

NRS 445B.470 Prohibited acts; penalty; establishment of violation; request for prosecution. 1. A person shall not knowingly: (a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information; (b) Fail to pay any fee; (c) Fa…

NRS 445B.500 Establishment, content and administration of program; designation of air pollution control agency of county for purposes of Federal Act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations…

NRS 445B.503 Local air pollution control board in county whose population is 700,000 or more: Cooperation and consultation with regional transportation commission. 1. In addition to the duties set forth in NRS 445B.500, the local air pollution control board in a county whose popu…

NRS 445B.505 Requirements for enacting ordinance or adopting regulation establishing fuel standards for mobile sources of air contaminants: Determination of cost effectiveness and feasibility; public meeting. Before a district board of health, county board of health or board of c…

NRS 445B.508 Reduction or mitigation of increases in emissions; air pollution credits. 1. In a county whose population is 700,000 or more, a district board of health or board of county commissioners may, as a part of its program for the control of air pollution established pursua…

NRS 445B.510 Commission may require program for designated area. 1. If the Commission finds that: (a) The location, character or extent of particular concentrations of population or sources of air contaminant; (b) Geographic, topographic or meteorological considerations; or (c) A…

NRS 445B.520 Commission may establish or supersede county program. 1. If a county required to establish or participate in an air pollution control program fails to do so, or if the Commission believes that a program previously approved is inadequate, it shall hold a public hearin…

NRS 445B.530 Commission may assume jurisdiction over specific classes of air contaminants. 1. If the Commission finds that the control of a particular class of sources of air contaminant because of its complexity or magnitude is beyond the reasonable capability of one or more loc…

NRS 445B.540 Restoration of superseded local program; continuation of existing local program. 1. A county or area whose local jurisdiction over air pollution control has been superseded may establish or restore a local air pollution control program if such program is approved as …

NRS 445B.560 Plan or procedure for emergency. 1. The Commission may provide by rules and regulations for alert, warning, and emergency standards and abatement procedures relative to air pollution episodes or emergencies constituting, or likely to constitute, an imminent and subst…