Title 40

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…

NRS 445B.570 Confidentiality and use of information obtained by Department; penalty. 1. Any information which the Department obtains in the course of the performance of its duties pursuant to the provisions of this chapter is public information unless otherwise designated as conf…

NRS 445B.580 Officer of Department may inspect or search premises; search warrant. 1. It is a condition of the issuance of any operating permit required by the Commission or pursuant to any local ordinance for the control of air pollution that the holder of the operating permit a…

NRS 445B.590 Account for the Management of Air Quality: Creation and administration; use; interest; payment of claims. 1. The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department. 2. Money in the Account for t…

NRS 445B.595 Governmental sources of air contaminants to comply with state and local provisions regarding air pollution; permit to set fire for training purposes; planning and zoning agencies to consider effects on quality of air. 1. Except as otherwise provided by subsection 2, …

NRS 445B.600 Private rights and remedies not affected. NRS 445B.100 to 445B.595, inclusive, does not abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or pro…

NRS 445B.610 Provisions for transition in administration. 1. All rules, regulations and standards promulgated by the State Commission of Environmental Protection pertaining to air pollution control in force on July 1, 1973, remain in effect until such time as revised by the State…

NRS 445B.640 Levy and disposition of administrative fines; additional remedies available; criminal penalty for failure to pay administrative fine. 1. Except as otherwise provided in subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who violates any provision of NRS…

NRS 445B.700 Definitions. As used in NRS 445B.700 to 445B.845, inclusive, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.7585, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1973, 1702; A 1977, 920; 19…

NRS 445B.705 “Approved inspector” defined. “Approved inspector” means a person licensed by the Department of Motor Vehicles to inspect motor vehicles and devices for the control of pollution for an authorized station or authorized inspection station. (Added to NRS by 1993, 2850; …

NRS 445B.710 “Authorized inspection station” defined. “Authorized inspection station” means a station licensed by the Department of Motor Vehicles for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal reg…

NRS 445B.720 “Authorized station” defined. “Authorized station” means a station licensed by the Department of Motor Vehicles for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation …

NRS 445B.722 “Automobile wrecker” defined. “Automobile wrecker” has the meaning ascribed to it in NRS 487.047. (Added to NRS by 2015, 126)

NRS 445B.724 “Body shop” defined. “Body shop” has the meaning ascribed to it in NRS 487.532. (Added to NRS by 2015, 126)

NRS 445B.725 “Commission” defined. “Commission” means the State Environmental Commission. (Added to NRS by 1993, 2851)

NRS 445B.727 “Consignee” defined. “Consignee” has the meaning ascribed to it in NRS 482.31772. (Added to NRS by 2013, 1860)

NRS 445B.728 “Consignment auction” defined. “Consignment auction” means any transaction whereby the registered owner or lienholder of a vehicle, or an insurance company that has acquired a vehicle as part of a total loss settlement, agrees, entrusts or in any other manner authori…

NRS 445B.729 “Distributor” defined. “Distributor” has the meaning ascribed to it in NRS 482.028. (Added to NRS by 2015, 126)

NRS 445B.730 “Evidence of compliance” defined. “Evidence of compliance” includes a certificate issued when a motor vehicle has been inspected and: 1. Has the required equipment; or 2. Does not meet the requirements for the control of emissions after the repairs have been made and…

NRS 445B.735 “Fleet station” defined. “Fleet station” means a facility which is licensed by the Department of Motor Vehicles to conduct inspections of the motor vehicles of qualified owners or lessees. (Added to NRS by 1993, 2851)